112TH CONGRESS 

1ST SESSION H. R. 1 

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, 
2 

•HR 1 EH

1 SECTION 1. TABLE OF CONTENTS. 

2 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 

3 SEC. 2. REFERENCES. 

4 Except as expressly provided otherwise, any reference 

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

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

7 DIVISION A—DEPARTMENT OF DEFENSE 

8 APPROPRIATIONS ACT, 2011 

9 The following sums are appropriated, out of any 

10 money in the Treasury not otherwise appropriated, for the 

11 fiscal year ending September 30, 2011, for military func12 tions administered by the Department of Defense and for 

13 other purposes, namely: 

14 TITLE I 

15 MILITARY PERSONNEL 

16 MILITARY PERSONNEL, ARMY

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the 

22 Army on active duty, (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets; 
3 

•HR 1 EH

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

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

3 377, as amended (42 U.S.C. 402 note), and to the Depart4 ment of Defense Military Retirement Fund, 

5 $41,042,653,000. 

6 MILITARY PERSONNEL, NAVY

7 For pay, allowances, individual clothing, subsistence, 

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

11 between permanent duty stations, for members of the 

12 Navy on active duty (except members of the Reserve pro13 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

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

18 MILITARY PERSONNEL, MARINE CORPS

19 For pay, allowances, individual clothing, subsistence, 

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

23 between permanent duty stations, for members of the Ma24 rine Corps on active duty (except members of the Reserve 

25 provided for elsewhere); and for payments pursuant to sec-
4 

•HR 1 EH

1 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

2 402 note), and to the Department of Defense Military Re3 tirement Fund, $13,210,161,000. 

4 MILITARY PERSONNEL, AIR FORCE

5 For pay, allowances, individual clothing, subsistence, 

6 interest on deposits, gratuities, permanent change of sta7 tion travel (including all expenses thereof for organiza8 tional movements), and expenses of temporary duty travel 

9 between permanent duty stations, for members of the Air 

10 Force on active duty (except members of reserve compo11 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

14 377, as amended (42 U.S.C. 402 note), and to the Depart15 ment of Defense Military Retirement Fund, 

16 $27,105,755,000. 

17 RESERVE PERSONNEL, ARMY

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Army Re20 serve on active duty under sections 10211, 10302, and 

21 3038 of title 10, United States Code, or while serving on 

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

23 States Code, in connection with performing duty specified 

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

25 while undergoing reserve training, or while performing 
5 

•HR 1 EH

1 drills or equivalent duty or other duty, and expenses au2 thorized by section 16131 of title 10, United States Code; 

3 and for payments to the Department of Defense Military 

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

5 RESERVE PERSONNEL, NAVY

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

7 travel, and related expenses for personnel of the Navy Re8 serve on active duty under section 10211 of title 10, 

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

10 section 12301(d) of title 10, United States Code, in con11 nection with performing duty specified in section 12310(a) 

12 of title 10, United States Code, or while undergoing re13 serve training, or while performing drills or equivalent 

14 duty, and expenses authorized by section 16131 of title 

15 10, United States Code; and for payments to the Depart16 ment of Defense Military Retirement Fund, 

17 $1,940,191,000. 

18 RESERVE PERSONNEL, MARINE CORPS

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

20 travel, and related expenses for personnel of the Marine 

21 Corps Reserve on active duty under section 10211 of title 

22 10, United States Code, or while serving on active duty 

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

24 in connection with performing duty specified in section 

25 12310(a) of title 10, United States Code, or while under-
6 

•HR 1 EH

1 going reserve training, or while performing drills or equiv2 alent duty, and for members of the Marine Corps platoon 

3 leaders class, and expenses authorized by section 16131 

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

5 Department of Defense Military Retirement Fund, 

6 $612,191,000. 

7 RESERVE PERSONNEL, AIR FORCE

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

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

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

11 8038 of title 10, United States Code, or while serving on 

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

13 States Code, in connection with performing duty specified 

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

15 while undergoing reserve training, or while performing 

16 drills or equivalent duty or other duty, and expenses au17 thorized by section 16131 of title 10, United States Code; 

18 and for payments to the Department of Defense Military 

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

20 NATIONAL GUARD PERSONNEL, ARMY

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

22 travel, and related expenses for personnel of the Army Na23 tional Guard while on duty under section 10211, 10302, 

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

25 States Code, or while serving on duty under section 
7 

•HR 1 EH

1 12301(d) of title 10 or section 502(f) of title 32, United 

2 States Code, in connection with performing duty specified 

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

4 while undergoing training, or while performing drills or 

5 equivalent duty or other duty, and expenses authorized by 

6 section 16131 of title 10, United States Code; and for pay7 ments to the Department of Defense Military Retirement 

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

9 NATIONAL GUARD PERSONNEL, AIR FORCE

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

11 travel, and related expenses for personnel of the Air Na12 tional Guard on duty under section 10211, 10305, or 

13 12402 of title 10 or section 708 of title 32, United States 

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

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

16 in connection with performing duty specified in section 

17 12310(a) of title 10, United States Code, or while under18 going training, or while performing drills or equivalent 

19 duty or other duty, and expenses authorized by section 

20 16131 of title 10, United States Code; and for payments 

21 to the Department of Defense Military Retirement Fund, 

22 $3,060,098,000. 
8 

•HR 1 EH

1 TITLE II 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For expenses, not otherwise provided for, necessary 

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

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

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

10 of necessity for confidential military purposes, 

11 $33,306,117,000. 

12 OPERATION AND MAINTENANCE, NAVY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Navy and the 

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

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

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

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Marine Corps, 

24 as authorized by law, $5,539,740,000. 
9 

•HR 1 EH

1 OPERATION AND MAINTENANCE, AIR FORCE

2 For expenses, not otherwise provided for, necessary 

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

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

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

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

9 $36,062,989,000. 

10 OPERATION AND MAINTENANCE, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses, not otherwise provided for, necessary 

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

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

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

17 for the Combatant Commander Initiative Fund authorized 

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

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

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

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

25 less than $31,659,000 shall be made available for the Pro-
10 

•HR 1 EH

1 curement Technical Assistance Cooperative Agreement 

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

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

9 or the service headquarters of one of the Armed Forces 

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

12 expended, is available only for expenses relating to certain 

13 classified activities, and may be transferred as necessary 

14 by the Secretary of Defense to operation and maintenance 

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

17 for the same time period as the appropriations to which 

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

20 with operation and maintenance funds shall not apply to 

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

24 elsewhere in this Act. 
11 

•HR 1 EH

1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary 

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

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

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary 

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

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

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For expenses, not otherwise provided for, necessary 

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

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

24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $275,484,000. 
12 

•HR 1 EH

1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary 

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

5 repair of facilities and equipment; hire of passenger motor 

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

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

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

13 hospital treatment and related expenses in non-Federal 

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

18 Army personnel on active duty, for Army National Guard 

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

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

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

25 equipment (including aircraft), $6,454,624,000. 
13 

•HR 1 EH

1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

4 hospital treatment and related expenses in non-Federal 

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

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

9 modification, maintenance, and issue of supplies and 

10 equipment, including those furnished from stocks under 

11 the control of agencies of the Department of Defense; 

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

13 authorized by law for Air National Guard personnel on 

14 active Federal duty, for Air National Guard commanders 

15 while inspecting units in compliance with National Guard 

16 Bureau regulations when specifically authorized by the 

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

18 UNITED STATES COURT OF APPEALS FOR THE ARMED

19 FORCES

20 For salaries and expenses necessary for the United 

21 States Court of Appeals for the Armed Forces, 

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

23 for official representation purposes. 
14 

•HR 1 EH

1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

9 for similar purposes, transfer the funds made available by 

10 this appropriation to other appropriations made available 

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

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

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

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

21 ENVIRONMENTAL RESTORATION, NAVY

22 (INCLUDING TRANSFER OF FUNDS)

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

24 remain available until transferred: Provided, That the Sec25 retary of the Navy shall, upon determining that such 
15 

•HR 1 EH

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

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

4 for similar purposes, transfer the funds made available by 

5 this appropriation to other appropriations made available 

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

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

8 time period as the appropriations to which transferred: 

9 Provided further, That upon a determination that all or 

10 part of the funds transferred from this appropriation are 

11 not necessary for the purposes provided herein, such 

12 amounts may be transferred back to this appropriation: 

13 Provided further, That the transfer authority provided 

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

16 ENVIRONMENTAL RESTORATION, AIR FORCE

17 (INCLUDING TRANSFER OF FUNDS)

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

19 to remain available until transferred: Provided, That the 

20 Secretary of the Air Force shall, upon determining that 

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

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

25 available by this appropriation to other appropriations 
16 

•HR 1 EH

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

2 merged with and to be available for the same purposes 

3 and for the same time period as the appropriations to 

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

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

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

10 other transfer authority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

12 (INCLUDING TRANSFER OF FUNDS)

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

16 are required for environmental restoration, reduction and 

17 recycling of hazardous waste, removal of unsafe buildings 

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

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

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

25 funds transferred from this appropriation are not nec-
17 

•HR 1 EH

1 essary for the purposes provided herein, such amounts 

2 may be transferred back to this appropriation: Provided 

3 further, That the transfer authority provided under this 

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

6 ENVIRONMENTAL RESTORATION, FORMERLY USED

7 DEFENSE SITES

8 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

16 appropriation to other appropriations made available to 

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

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

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

21 of the funds transferred from this appropriation are not 

22 necessary for the purposes provided herein, such amounts 

23 may be transferred back to this appropriation: Provided 

24 further, That the transfer authority provided under this 
18 

•HR 1 EH

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

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian, 

5 Disaster, and Civic Aid programs of the Department of 

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

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

9 until September 30, 2012. 

10 COOPERATIVE THREAT REDUCTION ACCOUNT

11 For assistance to the republics of the former Soviet 

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

14 outside of the former Soviet Union, including assistance 

15 provided by contract or by grants, for facilitating the 

16 elimination and the safe and secure transportation and 

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

19 weapons components, and weapon-related technology and 

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

22 and protection of weapons, weapons components and 

23 weapons technology and expertise, and for defense and 

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

25 September 30, 2013: Provided, That of the amounts pro-
19 

•HR 1 EH

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

2 be available only to support the dismantling and disposal 

3 of nuclear submarines, submarine reactor components, 

4 and security enhancements for transport and storage of 

5 nuclear warheads in the Russian Far East and North. 

6 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

7 DEVELOPMENT FUND

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

10 TITLE III 

11 PROCUREMENT 

12 AIRCRAFT PROCUREMENT, ARMY

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

15 ordnance, ground handling equipment, spare parts, and 

16 accessories therefor; specialized equipment and training 

17 devices; expansion of public and private plants, including 

18 the land necessary therefor, for the foregoing purposes, 

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

20 and construction prosecuted thereon prior to approval of 

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

23 reserve plant and Government and contractor-owned 

24 equipment layaway; and other expenses necessary for the 
20 

•HR 1 EH

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

2 for obligation until September 30, 2013. 

3 MISSILE PROCUREMENT, ARMY

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

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

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

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

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

17 for obligation until September 30, 2013. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For construction, procurement, production, and 

21 modification of weapons and tracked combat vehicles, 

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

24 expansion of public and private plants, including the land 

25 necessary therefor, for the foregoing purposes, and such 
21 

•HR 1 EH

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

3 procurement and installation of equipment, appliances, 

4 and machine tools in public and private plants; reserve 

5 plant and Government and contractor-owned equipment 

6 layaway; and other expenses necessary for the foregoing 

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

9 PROCUREMENT OF AMMUNITION, ARMY

10 For construction, procurement, production, and 

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

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

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

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

23 available for obligation until September 30, 2013. 
22 

•HR 1 EH

1 OTHER PROCUREMENT, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction, procurement, production, and 

4 modification of vehicles, including tactical, support, and 

5 non-tracked combat vehicles; the purchase of passenger 

6 motor vehicles for replacement only; communications and 

7 electronic equipment; other support equipment; spare 

8 parts, ordnance, and accessories therefor; specialized 

9 equipment and training devices; expansion of public and 

10 private plants, including the land necessary therefor, for 

11 the foregoing purposes, and such lands and interests 

12 therein, may be acquired, and construction prosecuted 

13 thereon prior to approval of title; and procurement and 

14 installation of equipment, appliances, and machine tools 

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

17 expenses necessary for the foregoing purposes, 

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

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

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

21 available to procure equipment, not otherwise provided for, 

22 and may be transferred to other procurement accounts 

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

24 so transferred shall be available for the same purposes and 

25 the same time period as the account to which transferred. 
23 

•HR 1 EH

1 AIRCRAFT PROCUREMENT, NAVY

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

4 ordnance, spare parts, and accessories therefor; specialized 

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

8 thereon prior to approval of title; and procurement and 

9 installation of equipment, appliances, and machine tools 

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

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

13 September 30, 2013. 

14 WEAPONS PROCUREMENT, NAVY

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

18 and accessories therefor; expansion of public and private 

19 plants, including the land necessary therefor, and such 

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

22 procurement and installation of equipment, appliances, 

23 and machine tools in public and private plants; reserve 

24 plant and Government and contractor-owned equipment 
24 

•HR 1 EH

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

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For construction, procurement, production, and 

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

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

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

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

19 SHIPBUILDING AND CONVERSION, NAVY

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

24 and private plants; reserve plant and Government and con25 tractor-owned equipment layaway; procurement of critical, 
25 

•HR 1 EH

1 long lead time components and designs for vessels to be 

2 constructed or converted in the future; and expansion of 

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

5 and construction prosecuted thereon prior to approval of 

6 title, as follows: 

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

8 Carrier Replacement Program (AP), 

9 $908,313,000. 

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

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

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

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

14 DDG–1000 Program, $77,512,000. 

15 DDG–51 Destroyer, $2,868,454,000. 

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

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

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

19 LHA–R, $942,837,000. 

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

21 Oceanographic Ships, $88,561,000. 

22 LCAC Service Life Extension Program, 

23 $83,035,000. 

24 Service Craft, $13,770,000. 
26 

•HR 1 EH

1 For outfitting, post delivery, conversions, and 

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

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

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

7 other such budgeted work that must be performed in the 

8 final stage of ship construction: Provided further, That 

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

13 components of such vessel: Provided further, That none 

14 of the funds provided under this heading shall be used 

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

17 OTHER PROCUREMENT, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For procurement, production, and modernization of 

20 support equipment and materials not otherwise provided 

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

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

23 of passenger motor vehicles for replacement only, and the 

24 purchase of seven vehicles required for physical security 

25 of personnel, notwithstanding price limitations applicable 
27 

•HR 1 EH

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

3 land necessary therefor, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; and procurement and 

6 installation of equipment, appliances, and machine tools 

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

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

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

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

12 available to procure equipment, not otherwise provided for, 

13 and may be transferred to other procurement accounts 

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

15 so transferred shall be available for the same purposes and 

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

17 PROCUREMENT, MARINE CORPS

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

20 equipment, spare parts, and accessories therefor; plant 

21 equipment, appliances, and machine tools, and installation 

22 thereof in public and private plants; reserve plant and 

23 Government and contractor-owned equipment layaway; ve24 hicles for the Marine Corps, including the purchase of pas25 senger motor vehicles for replacement only; and expansion 
28 

•HR 1 EH

1 of public and private plants, including land necessary 

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

6 AIRCRAFT PROCUREMENT, AIR FORCE

7 For construction, procurement, and modification of 

8 aircraft and equipment, including armor and armament, 

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

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

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

14 the foregoing purposes, and such lands and interests 

15 therein, may be acquired, and construction prosecuted 

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

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

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

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

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

23 Global Hawk Unmanned Aerial Vehicle and F–22 aircraft 

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

25 contracts funded with prior year ‘‘Aircraft Procurement, 
29 

•HR 1 EH

1 Air Force’’ appropriated funds are definitized unless the 

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

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

7 contracts along with the prospective contract definitization 

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

9 Force shall expand the current HH–60 Operational Loss 

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

12 MISSILE PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of 

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

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

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

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

21 construction prosecuted thereon prior to approval of title; 

22 reserve plant and Government and contractor-owned 

23 equipment layaway; and other expenses necessary for the 

24 foregoing purposes including rents and transportation of 
30 

•HR 1 EH

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

2 until September 30, 2013. 

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For construction, procurement, production, and 

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

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

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

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

18 OTHER PROCUREMENT, AIR FORCE

19 (INCLUDING TRANSFER OF FUNDS)

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

22 and ground electronic and communication equipment), 

23 and supplies, materials, and spare parts therefor, not oth24 erwise provided for; the purchase of passenger motor vehi25 cles for replacement only, and the purchase of two vehicles 
31 

•HR 1 EH

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

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

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

5 Government-owned equipment and installation thereof in 

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

7 for the foregoing purposes, and such lands and interests 

8 therein, may be acquired, and construction prosecuted 

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

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

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

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

14 available to procure equipment, not otherwise provided for, 

15 and may be transferred to other procurement accounts 

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

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

19 transferred. 

20 PROCUREMENT, DEFENSE-WIDE

21 (INCLUDING TRANSFER OF FUNDS)

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

24 necessary for procurement, production, and modification 

25 of equipment, supplies, materials, and spare parts there-
32 

•HR 1 EH

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

2 motor vehicles for replacement only; expansion of public 

3 and private plants, equipment, and installation thereof in 

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

5 for the foregoing purposes, and such lands and interests 

6 therein, may be acquired, and construction prosecuted 

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

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

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

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

12 available to procure equipment, not otherwise provided for, 

13 and may be transferred to other procurement accounts 

14 available to the Department of Defense, and that funds 

15 so transferred shall be available for the same purposes and 

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

17 DEFENSE PRODUCTION ACT PURCHASES

18 For activities by the Department of Defense pursuant 

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

21 2093), $34,346,000, to remain available until expended. 
33 

•HR 1 EH

1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

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

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $17,961,303,000 (reduced by 

17 $225,000,000), to remain available for obligation until 

18 September 30, 2012: Provided, That funds appropriated 

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

20 be used to meet unique operational requirements of the 

21 Special Operations Forces: Provided further, That funds 

22 appropriated in this paragraph shall be available for the 

23 Cobra Judy program. 
34 

•HR 1 EH

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $26,742,405,000 (reduced by 

7 $225,000,000), to remain available for obligation until 

8 September 30, 2012. 

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

10 DEFENSE-WIDE

11 For expenses of activities and agencies of the Depart12 ment of Defense (other than the military departments), 

13 necessary for basic and applied scientific research, devel14 opment, test and evaluation; advanced research projects 

15 as may be designated and determined by the Secretary 

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

17 lease, and operation of facilities and equipment, 

18 $20,797,412,000, to remain available for obligation until 

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

20 available in this paragraph, $3,200,000 shall only be avail21 able for program management and oversight of innovative 

22 research and development. 

23 OPERATIONAL TEST AND EVALUATION, DEFENSE

24 For expenses, not otherwise provided for, necessary 

25 for the independent activities of the Director, Operational 
35 

•HR 1 EH

1 Test and Evaluation, in the direction and supervision of 

2 operational test and evaluation, including initial oper3 ational test and evaluation which is conducted prior to, 

4 and in support of, production decisions; joint operational 

5 testing and evaluation; and administrative expenses in 

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

7 for obligation until September 30, 2012. 

8 TITLE V 

9 REVOLVING AND MANAGEMENT FUNDS 

10 DEFENSE WORKING CAPITAL FUNDS

11 For the Defense Working Capital Funds, 

12 $1,434,536,000. 

13 NATIONAL DEFENSE SEALIFT FUND

14 For National Defense Sealift Fund programs, 

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

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

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

18 and for the necessary expenses to maintain and preserve 

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

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

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

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

23 contract that provides for the acquisition of any of the 

24 following major components unless such components are 

25 manufactured in the United States: auxiliary equipment, 
36 

•HR 1 EH

1 including pumps, for all shipboard services; propulsion 

2 system components (engines, reduction gears, and propel3 lers); shipboard cranes; and spreaders for shipboard 

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

5 in a contract awarded through the obligation of previously 

6 appropriated funds shall not be considered to be the award 

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

8 of the military department responsible for such procure9 ment may waive the restrictions in the first proviso on 

10 a case-by-case basis by certifying in writing to the Com11 mittees on Appropriations of the House of Representatives 

12 and the Senate that adequate domestic supplies are not 

13 available to meet Department of Defense requirements on 

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

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

17 TITLE VI 

18 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

19 DEFENSE HEALTH PROGRAM

20 For expenses, not otherwise provided for, for medical 

21 and health care programs of the Department of Defense 

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

23 $29,671,764,000 shall be for operation and maintenance, 

24 of which not to exceed 1 percent shall remain available 

25 until September 30, 2012, and of which up to 
37 

•HR 1 EH

1 $16,212,121,000 may be available for contracts entered 

2 into under the TRICARE program; of which 

3 $534,921,000, to remain available for obligation until Sep4 tember 30, 2013, shall be for procurement; and of which 

5 $1,175,513,000, to remain available for obligation until 

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

7 test and evaluation: Provided, That, notwithstanding any 

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

9 this heading for research, development, test and evalua10 tion, not less than $10,000,000 shall be available for HIV 

11 prevention educational activities undertaken in connection 

12 with United States military training, exercises, and hu13 manitarian assistance activities conducted primarily in Af14 rican nations. 

15 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

16 DEFENSE

17 For expenses, not otherwise provided for, necessary 

18 for the destruction of the United States stockpile of lethal 

19 chemical agents and munitions, to include construction of 

20 facilities, in accordance with the provisions of section 1412 

21 of the Department of Defense Authorization Act, 1986 

22 (50 U.S.C. 1521), and for the destruction of other chem23 ical warfare materials that are not in the chemical weapon 

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

25 be for operation and maintenance, of which no less than 
38 

•HR 1 EH

1 $111,178,000, shall be for the Chemical Stockpile Emer2 gency Preparedness Program, consisting of $35,130,000 

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

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

5 and local governments; $7,132,000 shall be for procure6 ment, to remain available until September 30, 2013; and 

7 $392,811,000, to remain available until September 30, 

8 2012, shall be for research, development, test and evalua9 tion, of which $385,868,000 shall only be for the Assem10 bled Chemical Weapons Alternatives (ACWA) program. 

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

12 DEFENSE

13 (INCLUDING TRANSFER OF FUNDS)

14 For drug interdiction and counter-drug activities of 

15 the Department of Defense, for transfer to appropriations 

16 available to the Department of Defense for military per17 sonnel of the reserve components serving under the provi18 sions of title 10 and title 32, United States Code; for oper19 ation and maintenance; for procurement; and for research, 

20 development, test and evaluation, $1,156,957,000: Pro21 vided, That the funds appropriated under this heading 

22 shall be available for obligation for the same time period 

23 and for the same purpose as the appropriation to which 

24 transferred: Provided further, That upon a determination 

25 that all or part of the funds transferred from this appro-
39 

•HR 1 EH

1 priation are not necessary for the purposes provided here2 in, such amounts may be transferred back to this appro3 priation: Provided further, That the transfer authority pro4 vided under this heading is in addition to any other trans5 fer authority contained elsewhere in this Act. 

6 OFFICE OF THE INSPECTOR GENERAL

7 For expenses and activities of the Office of the In8 spector General in carrying out the provisions of the In9 spector General Act of 1978, as amended, $306,794,000, 

10 of which $305,794,000 shall be for operation and mainte11 nance, of which not to exceed $700,000 is available for 

12 emergencies and extraordinary expenses to be expended on 

13 the approval or authority of the Inspector General, and 

14 payments may be made on the Inspector General’s certifi15 cate of necessity for confidential military purposes; and 

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

17 30, 2013, shall be for procurement. 

18 TITLE VII 

19 RELATED AGENCIES 

20 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

21 DISABILITY SYSTEM FUND

22 For payment to the Central Intelligence Agency Re23 tirement and Disability System Fund, to maintain the 

24 proper funding level for continuing the operation of the 
40 

•HR 1 EH

1 Central Intelligence Agency Retirement and Disability 

2 System, $292,000,000. 

3 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

4 For necessary expenses of the Intelligence Commu5 nity Management Account, $649,732,000. 

6 TITLE VIII 

7 GENERAL PROVISIONS 

8 SEC. 8001. No part of any appropriation contained 

9 in this Act shall be used for publicity or propaganda pur10 poses not authorized by the Congress. 

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

12 of law prohibiting the payment of compensation to, or em13 ployment of, any person not a citizen of the United States 

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

15 Provided, That salary increases granted to direct and indi16 rect hire foreign national employees of the Department of 

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

18 of the percentage increase authorized by law for civilian 

19 employees of the Department of Defense whose pay is 

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

21 United States Code, or at a rate in excess of the percent22 age increase provided by the appropriate host nation to 

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

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

25 salary increases on an annual basis, any increase granted 
41 

•HR 1 EH

1 by that nation shall be annualized for the purpose of ap2 plying the preceding proviso: Provided further, That this 

3 section shall not apply to Department of Defense foreign 

4 service national employees serving at United States diplo5 matic missions whose pay is set by the Department of 

6 State under the Foreign Service Act of 1980: Provided 

7 further, That the limitations of this provision shall not 

8 apply to foreign national employees of the Department of 

9 Defense in the Republic of Turkey. 

10 SEC. 8003. No part of any appropriation contained 

11 in this Act shall remain available for obligation beyond 

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

13 SEC. 8004. No more than 20 percent of the appro14 priations in this Act which are limited for obligation dur15 ing the current fiscal year shall be obligated during the 

16 last 2 months of the fiscal year: Provided, That this sec17 tion shall not apply to obligations for support of active 

18 duty training of reserve components or summer camp 

19 training of the Reserve Officers’ Training Corps. 

20 (TRANSFER OF FUNDS)

21 SEC. 8005. Upon determination by the Secretary of 

22 Defense that such action is necessary in the national inter23 est, he may, with the approval of the Office of Manage24 ment and Budget, transfer not to exceed $4,000,000,000 

25 of working capital funds of the Department of Defense 
42 

•HR 1 EH

1 or funds made available in this Act to the Department 

2 of Defense for military functions (except military con3 struction) between such appropriations or funds or any 

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

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

6 the appropriation or fund to which transferred: Provided, 

7 That such authority to transfer may not be used unless 

8 for higher priority items, based on unforeseen military re9 quirements, than those for which originally appropriated 

10 and in no case where the item for which funds are re11 quested has been denied by the Congress: Provided further, 

12 That the Secretary of Defense shall notify the Congress 

13 promptly of all transfers made pursuant to this authority 

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

15 no part of the funds in this Act shall be available to pre16 pare or present a request to the Committees on Appropria17 tions for reprogramming of funds, unless for higher pri18 ority items, based on unforeseen military requirements, 

19 than those for which originally appropriated and in no 

20 case where the item for which reprogramming is requested 

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

22 a request for multiple reprogrammings of funds using au23 thority provided in this section shall be made prior to June 

24 30, 2011: Provided further, That transfers among military 

25 personnel appropriations shall not be taken into account 
43 

•HR 1 EH

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

2 may be transferred under this section. 

3 SEC. 8006. (a) With regard to the list of specific pro4 grams, projects, and activities (and the dollar amounts 

5 and adjustments to budget activities corresponding to 

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

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

8 in the explanatory statement regarding this Act, the obli9 gation and expenditure of amounts appropriated or other10 wise made available in this Act for those programs, 

11 projects, and activities for which the amounts appro12 priated exceed the amounts requested are hereby required 

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

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

15 in the text of this Act. 

16 (b) Amounts specified in the referenced tables de17 scribed in subsection (a) shall not be treated as subdivi18 sions of appropriations for purposes of section 8005 of this 

19 Act: Provided, That section 8005 shall apply when trans20 fers of the amounts described in subsection (a) occur be21 tween appropriation accounts. 

22 SEC. 8007. (a) Not later than 60 days after enact23 ment of this Act, the Department of Defense shall submit 

24 a report to the congressional defense committees to estab25 lish the baseline for application of reprogramming and 
44 

•HR 1 EH

1 transfer authorities for fiscal year 2011: Provided, That 

2 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 both by budget activity and program, 

10 project, and activity as detailed in the Budget Ap11 pendix; and 

12 (3) an identification of items of special congres13 sional interest. 

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

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

16 reprogramming or transfer until the report identified in 

17 subsection (a) is submitted to the congressional defense 

18 committees, unless the Secretary of Defense certifies in 

19 writing to the congressional defense committees that such 

20 reprogramming or transfer is necessary as an emergency 

21 requirement. 

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

23 Army are authorized, using funds available under the 

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

25 ‘‘Operation and Maintenance, Army’’, to complete facility 
45 

•HR 1 EH

1 conversions and phased repair projects which may include 

2 upgrades and additions to Alaskan range infrastructure 

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

4 (TRANSFER OF FUNDS)

5 SEC. 8009. During the current fiscal year, cash bal6 ances in working capital funds of the Department of De7 fense established pursuant to section 2208 of title 10, 

8 United States Code, may be maintained in only such 

9 amounts as are necessary at any time for cash disburse10 ments to be made from such funds: Provided, That trans11 fers may be made between such funds: Provided further, 

12 That transfers may be made between working capital 

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

14 appropriation and the ‘‘Operation and Maintenance’’ ap15 propriation accounts in such amounts as may be deter16 mined by the Secretary of Defense, with the approval of 

17 the Office of Management and Budget, except that such 

18 transfers may not be made unless the Secretary of Defense 

19 has notified the Congress of the proposed transfer. Except 

20 in amounts equal to the amounts appropriated to working 

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

22 against a working capital fund to procure or increase the 

23 value of war reserve material inventory, unless the Sec24 retary of Defense has notified the Congress prior to any 

25 such obligation. 
46 

•HR 1 EH

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

2 be used to initiate a special access program without prior 

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

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

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

7 employs economic order quantity procurement in excess of 

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

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

11 leading to a multiyear contract that employs economic 

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

13 any one year, unless the congressional defense committees 

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

18 quantity advance procurement is not funded at least to 

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

20 That no part of any appropriation contained in this Act 

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

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

25 That no multiyear procurement contract can be termi-
47 

•HR 1 EH

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

4 present value analysis to determine lowest cost compared 

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

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

7 contract executed after the date of the enactment of this 

8 Act unless in the case of any such contract— 

9 (1) the Secretary of Defense has submitted to 

10 Congress a budget request for full funding of units 

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

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

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

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

19 (2) cancellation provisions in the contract do 

20 not include consideration of recurring manufacturing 

21 costs of the contractor associated with the produc22 tion of unfunded units to be delivered under the con23 tract; 
48 

•HR 1 EH

1 (3) the contract provides that payments to the 

2 contractor under the contract shall not be made in 

3 advance of incurred costs on funded units; and 

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

6 contract. 

7 Funds appropriated in title III of this Act may be 

8 used for a multiyear procurement contract as follows: 

9 Navy MH–60R/S Helicopter Systems. 

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

12 hereby appropriated pursuant to section 401 of title 10, 

13 United States Code, for humanitarian and civic assistance 

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

15 Such funds may also be obligated for humanitarian and 

16 civic assistance costs incidental to authorized operations 

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

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

22 providing humanitarian and similar assistance by using 

23 Civic Action Teams in the Trust Territories of the Pacific 

24 Islands and freely associated states of Micronesia, pursu25 ant to the Compact of Free Association as authorized by 
49 

•HR 1 EH

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

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

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

7 facilities, on a nonreimbursable basis, for civilian patients 

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

10 States of Micronesia, Palau, and Guam. 

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

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

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

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

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

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

20 and other documentation supporting the fiscal year 2012 

21 Department of Defense budget request shall be prepared 

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

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

24 year 2012. 
50 

•HR 1 EH

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

2 to military (civilian) technicians. 

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

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

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

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

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

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

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

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

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

17 active components of the Army. 

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

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

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

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

25 public-private competition that includes a most effi-
51 

•HR 1 EH

1 cient and cost effective organization plan developed 

2 by such activity or function; 

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

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

8 to the Department of Defense by an amount that 

9 equals or exceeds the lesser of— 

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

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

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

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

17 Department of Defense by— 

18 (A) not making an employer-sponsored 

19 health insurance plan available to the workers 

20 who are to be employed in the performance of 

21 that activity or function under the contract; or 

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

24 employer to contribute less towards the pre25 mium or subscription share than the amount 
52 

•HR 1 EH

1 that is paid by the Department of Defense for 

2 health benefits for civilian employees under 

3 chapter 89 of title 5, United States Code. 

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

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

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

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

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

11 Defense that— 

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

15 United States Code); 

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

18 blind or by a qualified nonprofit agency for 

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

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

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

25 and Education Assistance Act (25 U.S.C. 
53 

•HR 1 EH

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

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

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

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

7 States Code. 

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

9 Department of Defense under the authority provided by 

10 this section shall be credited toward any competitive or 

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

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

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

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

17 (TRANSFER OF FUNDS)

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

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

22 a Mentor-Protege Program developmental assistance 

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

25 101–510; 10 U.S.C. 2302 note), as amended, under the 
54 

•HR 1 EH

1 authority of this provision or any other transfer authority 

2 contained in this Act. 

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

4 available for the purchase by the Department of Defense 

5 (and its departments and agencies) of welded shipboard 

6 anchor and mooring chain 4 inches in diameter and under 

7 unless the anchor and mooring chain are manufactured 

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

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

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

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

14 section substantially all of the components of anchor and 

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

17 components produced or manufactured in the United 

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

21 not available to meet Department of Defense requirements 

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

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

25 on Appropriations that such an acquisition must be made 
55 

•HR 1 EH

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

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

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

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

9 from commercial sale under Federal law, unless the small 

10 arms ammunition or ammunition components are certified 

11 by the Secretary of the Army or designee as unserviceable 

12 or unsafe for further use. 

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

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

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

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

24 incentive payments authorized by section 504 of the In25 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 
56 

•HR 1 EH

1 That a prime contractor or a subcontractor at any tier 

2 that makes a subcontract award to any subcontractor or 

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

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

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

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

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

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

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

13 to any fiscal year: Provided further, That notwithstanding 

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

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

17 subcontract at any tier for acquisition of commercial items 

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

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

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

24 Defense Media Activity shall not be used for any national 

25 or international political or psychological activities. 
57 

•HR 1 EH

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

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

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

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

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

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

12 Civil Air Patrol Corporation, of which— 

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

15 Air Patrol Corporation operation and maintenance, 

16 readiness, counterdrug activities, and drug demand 

17 reduction activities involving youth programs; 

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

19 Procurement, Air Force’’; and 

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

21 Procurement, Air Force’’ for vehicle procurement. 

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

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

25 local government agencies. 
58 

•HR 1 EH

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

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

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

8 other nonprofit entities. 

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

10 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

12 and no paid consultant to any defense FFRDC, except 

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

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

17 referred to previously in this subsection shall be allowed 

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

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

22 of the funds available to the department from any source 

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

24 through a fee or other payment mechanism, for construc25 tion of new buildings, for payment of cost sharing for 
59 

•HR 1 EH

1 projects funded by Government grants, for absorption of 

2 contract overruns, or for certain charitable contributions, 

3 not to include employee participation in community service 

4 and/or development. 

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

6 the funds available to the department during fiscal year 

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

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

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

11 be funded for the defense studies and analysis FFRDCs: 

12 Provided further, That this subsection shall not apply to 

13 staff years funded in the National Intelligence Program 

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

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

17 submit a report presenting the specific amounts of staff 

18 years of technical effort to be allocated for each defense 

19 FFRDC during that fiscal year and the associated budget 

20 estimates. 

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

22 the total amount appropriated in this Act for FFRDCs 

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

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

25 available in this Act shall be used to procure carbon, alloy 
60 

•HR 1 EH

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

3 Defense which were not melted and rolled in the United 

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

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

7 or American Iron and Steel Institute (AISI) specifications 

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

9 That the Secretary of the military department responsible 

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

12 on Appropriations of the House of Representatives and the 

13 Senate that adequate domestic supplies are not available 

14 to meet Department of Defense requirements on a timely 

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

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

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

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

21 ‘‘congressional defense committees’’ means the Armed 

22 Services Committee of the House of Representatives, the 

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

25 of the Senate, and the Subcommittee on Defense of the 
61 

•HR 1 EH

1 Committee on Appropriations of the House of Representa2 tives. 

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

5 maintenance and repair of aircraft, vehicles and vessels 

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

15 76 shall not apply to competitions conducted under this 

16 section. 

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

18 consultation with the United States Trade Representative, 

19 determines that a foreign country which is party to an 

20 agreement described in paragraph (2) has violated the 

21 terms of the agreement by discriminating against certain 

22 types of products produced in the United States that are 

23 covered by the agreement, the Secretary of Defense shall 

24 rescind the Secretary’s blanket waiver of the Buy Amer-
62 

•HR 1 EH

1 ican Act with respect to such types of products produced 

2 in that foreign country. 

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

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

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

8 in that country. 

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

11 purchases from foreign entities in fiscal year 2011. Such 

12 report shall separately indicate the dollar value of items 

13 for which the Buy American Act was waived pursuant to 

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

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

16 international agreement to which the United States is a 

17 party. 

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

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

20 States Code. 

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

22 contained in the Department of Defense Overseas Military 

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

25 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 
63 

•HR 1 EH

1 be available until expended for the payments specified by 

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

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

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

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

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

8 Washington relocatable military housing units located at 

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

10 Mountain Home Air Force Base, Ellsworth Air Force 

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

12 needs of the Air Force. 

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

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

16 that are submitted to the Secretary by the Operation 

17 Walking Shield Program on behalf of Indian tribes located 

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

20 such conveyance shall be subject to the condition that the 

21 housing units shall be removed within a reasonable period 

22 of time, as determined by the Secretary. 

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

25 housing units under subsection (a) before submitting re-
64 

•HR 1 EH

1 quests to the Secretary of the Air Force under subsection 

2 (b). 

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

4 any recognized Indian tribe included on the current list 

5 published by the Secretary of the Interior under section 

6 104 of the Federally Recognized Indian Tribe Act of 1994 

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

8 1). 

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

11 for operation and maintenance may be used to purchase 

12 items having an investment item unit cost of not more 

13 than $250,000. 

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

15 of the appropriations or funds available to the Department 

16 of Defense Working Capital Funds shall be used for the 

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

20 customers of the Department of Defense Working Capital 

21 Funds if such an item would not have been chargeable 

22 to the Department of Defense Business Operations Fund 

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

24 investment item would be chargeable during the current 
65 

•HR 1 EH

1 fiscal year to appropriations made to the Department of 

2 Defense for procurement. 

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

5 and other documentation supporting the fiscal year 2012 

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

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

10 budgeted for in a proposed fiscal year 2012 procurement 

11 appropriation and not in the supply management business 

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

13 Defense Working Capital Funds. 

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

15 Act for programs of the Central Intelligence Agency shall 

16 remain available for obligation beyond the current fiscal 

17 year, except for funds appropriated for the Reserve for 

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

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

22 during this or any prior or subsequent fiscal year shall 

23 remain available until expended: Provided further, That 

24 any funds appropriated or transferred to the Central Intel25 ligence Agency for advanced research and development ac-
66 

•HR 1 EH

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

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

5 SEC. 8035. Notwithstanding any other provision of 

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

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

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

15 be made available only for the mitigation of environmental 

16 impacts, including training and technical assistance to 

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

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

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

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

24 Defense unless the entity, in expending the funds, com25 plies with the Buy American Act. For purposes of this 
67 

•HR 1 EH

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

2 83 of title 41, United States Code. 

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

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

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

7 in America, the Secretary shall determine, in accordance 

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

10 the Department of Defense. 

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

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

15 only American-made equipment and products, provided 

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

18 fashion. 

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

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

21 or consulting services entered into without competition on 

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

23 activity responsible for the procurement determines— 
68 

•HR 1 EH

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

2 only one source is found fully qualified to perform 

3 the proposed work; 

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

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

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

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

14 not apply to contracts in an amount of less than 

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

19 Senate, determines that the award of such contract 

20 is in the interest of the national defense. 

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

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

23 be used— 

24 (1) to establish a field operating agency; or 
69 

•HR 1 EH

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

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

5 of duty remains at the location of that headquarters. 

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

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

9 and certifies to the Committees on Appropriations of the 

10 House of Representatives and Senate that the granting 

11 of the waiver will reduce the personnel requirements or 

12 the financial requirements of the department. 

13 (c) This section does not apply to— 

14 (1) field operating agencies funded within the 

15 National Intelligence Program; 

16 (2) an Army field operating agency established 

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

19 Secretary of the Army, other similar threats; or 

20 (3) an Army field operating agency established 

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

23 technologies throughout the Department of Defense. 

24 SEC. 8040. The Secretary of Defense, notwith25 standing any other provision of law, acting through the 
70 

•HR 1 EH

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

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

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

6 statement regarding this Act. 

7 (RESCISSIONS)

8 SEC. 8041. Of the funds appropriated in Department 

9 of Defense Appropriations Acts, the following funds are 

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

12 ‘‘Procurement of Weapons and Tracked Combat 

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

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

15 $147,600,000. 

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

17 $26,100,000. 

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

19 $116,900,000. 

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

21 $14,000,000. 

22 ‘‘Procurement of Weapons and Tracked Combat 

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

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

25 $9,171,000. 
71 

•HR 1 EH

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

2 $184,847,000. 

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

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

7 $22,000,000. 

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

9 $9,042,000. 

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

11 $151,300,000. 

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

13 $36,600,000. 

14 ‘‘Research, Development, Test and Evaluation, 

15 Army, 2010/2011’’, $53,500,000. 

16 ‘‘Research, Development, Test and Evaluation, 

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

18 ‘‘Research, Development, Test and Evaluation, 

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

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

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

23 Air National Guard, Army Reserve and Air Force Reserve 

24 for the purpose of applying any administratively imposed 

25 civilian personnel ceiling, freeze, or reduction on military 
72 

•HR 1 EH

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

2 result of a reduction in military force structure. 

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

6 of Korea unless specifically appropriated for that purpose. 

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

10 for reimbursement of pay, allowances and other expenses 

11 which would otherwise be incurred against appropriations 

12 for the National Guard and Reserve when members of the 

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

15 Agencies and Joint Intelligence Activities, including the 

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

18 Provided, That nothing in this section authorizes deviation 

19 from established Reserve and National Guard personnel 

20 and training procedures. 

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

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

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

25 30, 2003, level: Provided, That the Service Surgeons Gen-
73 

•HR 1 EH

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

3 is declining in some catchment areas and civilian strength 

4 reductions may be consistent with responsible resource 

5 stewardship and capitation-based budgeting. 

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

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

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

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

13 and counter-drug activities may be transferred to any 

14 other department or agency of the United States except 

15 as specifically provided in an appropriations law. 

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

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

18 bearings other than those produced by a domestic source 

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

20 the military department responsible for such procurement 

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

23 the House of Representatives and the Senate, that ade24 quate domestic supplies are not available to meet Depart25 ment of Defense requirements on a timely basis and that 
74 

•HR 1 EH

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

3 That this restriction shall not apply to the purchase of 

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

5 Office of Federal Procurement Policy Act, except that the 

6 restriction shall apply to ball or roller bearings purchased 

7 as end items. 

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

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

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

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

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

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

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

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

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

23 this limitation shall not apply to transfers of funds ex24 pressly provided for in Defense Appropriations Acts, or 
75 

•HR 1 EH

1 provisions of Acts providing supplemental appropriations 

2 for the Department of Defense. 

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

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

5 Defense for the current fiscal year may be obligated or 

6 expended to transfer to another nation or an international 

7 organization any defense articles or services (other than 

8 intelligence services) for use in the activities described in 

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

11 Representatives, and the Committee on Foreign Relations 

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

13 transfer. 

14 (b) This section applies to— 

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

17 VI or chapter VII of the United Nations Charter 

18 under the authority of a United Nations Security 

19 Council resolution; and 

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

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

23 following: 

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

25 services to be transferred. 
76 

•HR 1 EH

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

2 supplies, or services to be transferred. 

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

5 (A) a statement of whether the inventory 

6 requirements of all elements of the Armed 

7 Forces (including the reserve components) for 

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

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

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

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

16 expended to pay a contractor under a contract with the 

17 Department of Defense for costs of any amount paid by 

18 the contractor to an employee when— 

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

20 excess of the normal salary paid by the contractor 

21 to the employee; and 

22 (2) such bonus is part of restructuring costs as23 sociated with a business combination. 
77 

•HR 1 EH

1 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

7 be available for the same time period as the appropriations 

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

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

12 Code. 

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

14 of an appropriation account of the Department of Defense 

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

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

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

20 to any current appropriation account for the same purpose 

21 as the expired or closed account if— 

22 (1) the obligation would have been properly 

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

24 closed account before the end of the period of avail25 ability or closing of that account; 
78 

•HR 1 EH

1 (2) the obligation is not otherwise properly 

2 chargeable to any current appropriation account of 

3 the Department of Defense; and 

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

6 of the Department of Defense under the provisions 

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

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

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

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

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

19 of the total appropriation for that account. 

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

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

23 Learning Project by any person or entity on a space-avail24 able, reimbursable basis. The Chief of the National Guard 
79 

•HR 1 EH

1 Bureau shall establish the amount of reimbursement for 

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

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

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

6 associated with the use of equipment of the project under 

7 that subsection. Such funds shall be available for such 

8 purposes without fiscal year limitation. 

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

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

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

12 States Code, may implement cost-effective agreements for 

13 required heating facility modernization in the 

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

16 Kaiserslautern and at the Rhine Ordnance Barracks area, 

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

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

21 and Ramstein Air Base, furnished heat may be obtained 

22 from private, regional or municipal services, if provisions 

23 are included for the consideration of United States coal 

24 as an energy source. 
80 

•HR 1 EH

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

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

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

6 prototyping, and test activities preceding and leading to 

7 acceptance for operational use: Provided further, That this 

8 restriction does not apply to programs funded within the 

9 National Intelligence Program: Provided further, That the 

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

12 on Appropriations of the House of Representatives and the 

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

14 so. 

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

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

17 22A advanced tactical fighter to any foreign government: 

18 Provided, That the Department of Defense may conduct 

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

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

22 technologies and U.S. warfighting capabilities. 

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

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

25 each limitation on the procurement of defense items from 
81 

•HR 1 EH

1 foreign sources provided in law if the Secretary determines 

2 that the application of the limitation with respect to that 

3 country would invalidate cooperative programs entered 

4 into between the Department of Defense and the foreign 

5 country, or would invalidate reciprocal trade agreements 

6 for the procurement of defense items entered into under 

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

8 country does not discriminate against the same or similar 

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

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

12 (1) contracts and subcontracts entered into on 

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

14 (2) options for the procurement of items that 

15 are exercised after such date under contracts that 

16 are entered into before such date if the option prices 

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

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

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

23 Schedule and products classified under headings 4010, 

24 4202, 4203, 6401 through 6406, 6505, 7019, 7218 
82 

•HR 1 EH

1 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

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

6 country if the Secretary of Defense has received credible 

7 information from the Department of State that the unit 

8 has committed a gross violation of human rights, unless 

9 all necessary corrective steps have been taken. 

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

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

12 to conduct any training program referred to in subsection 

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

14 available to the Department of State relating to human 

15 rights violations by foreign security forces. 

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

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

19 by extraordinary circumstances. 

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

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

22 submit a report to the congressional defense committees 

23 describing the extraordinary circumstances, the purpose 

24 and duration of the training program, the United States 

25 forces and the foreign security forces involved in the train-
83 

•HR 1 EH

1 ing program, and the information relating to human rights 

2 violations that necessitates the waiver. 

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

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

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

6 ships unless the main propulsion diesel engines and 

7 propulsors are manufactured in the United States by a 

8 domestically operated entity: Provided, That the Secretary 

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

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

12 that adequate domestic supplies are not available to meet 

13 Department of Defense requirements on a timely basis 

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

15 acquire capability for national security purposes or there 

16 exists a significant cost or quality difference. 

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

20 for the purpose of performing repairs or maintenance to 

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

23 units that may be used for the purpose of conducting offi24 cial Department of Defense business. 
84 

•HR 1 EH

1 SEC. 8062. Notwithstanding any other provision of 

2 law, funds appropriated in this Act under the heading 

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

5 demonstration project or joint capability demonstration 

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

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

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

12 basis by certifying to the congressional defense committees 

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

14 SEC. 8063. The Secretary of Defense shall provide 

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

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

19 Act. 

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

21 the funds available to the Department of Defense may be 

22 used to provide support to another department or agency 

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

24 than 90 days in arrears in making payment to the Depart25 ment of Defense for goods or services previously provided 
85 

•HR 1 EH

1 to such department or agency on a reimbursable basis: 

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

4 department or agency on a nonreimbursable basis, and is 

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

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

8 in writing to the Committees on Appropriations of the 

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

10 national security interest to do so. 

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

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

13 the National Guard serving on full-time National Guard 

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

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

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

18 may be used to transfer to any nongovernmental entity 

19 ammunition held by the Department of Defense that has 

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

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

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

24 entity performing demilitarization services for the Depart25 ment of Defense under a contract that requires the entity 
86 

•HR 1 EH

1 to demonstrate to the satisfaction of the Department of 

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

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

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

8 the Department of State. 

9 SEC. 8067. Notwithstanding any other provision of 

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

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

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

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

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

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

19 a case-by-case basis. 

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

21 Act shall be used for the support of any nonappropriated 

22 funds activity of the Department of Defense that procures 

23 malt beverages and wine with nonappropriated funds for 

24 resale (including such alcoholic beverages sold by the 

25 drink) on a military installation located in the United 
87 

•HR 1 EH

1 States unless such malt beverages and wine are procured 

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

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

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

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

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

11 State: Provided further, That alcoholic beverages other 

12 than wine and malt beverages, in contiguous States and 

13 the District of Columbia shall be procured from the most 

14 competitive source, price and other factors considered. 

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

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

20 (INCLUDING TRANSFER OF FUNDS)

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

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

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

25 the Secretary of Defense is authorized to transfer such 
88 

•HR 1 EH

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

3 to enter into and carry out contracts for the acquisition 

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

6 section: Provided further, That contracts entered into 

7 under the authority of this section may provide for such 

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

10 section shall comply with applicable Federal, State, and 

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

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

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

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

18 by the Department of Defense in fiscal year 2011. 

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

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

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

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

25 for the construction and furnishing of additional Fisher 
89 

•HR 1 EH

1 Houses to meet the needs of military family members 

2 when confronted with the illness or hospitalization of an 

3 eligible military beneficiary. 

4 (INCLUDING TRANSFER OF FUNDS)

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

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

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

9 Programs: Provided, That of this amount, $205,000,000 

10 shall be for the Secretary of Defense to provide to the Gov11 ernment of Israel for the procurement of the Iron Dome 

12 defense system to counter short-range rocket threats, 

13 $84,722,000 shall be for the Short Range Ballistic Missile 

14 Defense (SRBMD) program, including cruise missile de15 fense research and development under the SRBMD pro16 gram, $58,966,000 shall be available for an upper-tier 

17 component to the Israeli Missile Defense Architecture, and 

18 $66,427,000 shall be for the Arrow System Improvement 

19 Program including development of a long range, ground 

20 and airborne, detection suite, of which $12,000,000 shall 

21 be for producing Arrow missile components in the United 

22 States and Arrow missile components in Israel to meet 

23 Israel’s defense requirements, consistent with each na24 tion’s laws, regulations and procedures: Provided further, 

25 That funds made available under this provision for pro-
90 

•HR 1 EH

1 duction of missiles and missile components may be trans2 ferred to appropriations available for the procurement of 

3 weapons and equipment, to be merged with and to be 

4 available for the same time period and the same purposes 

5 as the appropriation to which transferred: Provided fur6 ther, That the transfer authority provided under this pro7 vision is in addition to any other transfer authority con8 tained in this Act. 

9 SEC. 8074. None of the funds available to the De10 partment of Defense may be obligated to modify command 

11 and control relationships to give Fleet Forces Command 

12 administrative and operational control of U.S. Navy forces 

13 assigned to the Pacific fleet: Provided, That the command 

14 and control relationships which existed on October 1, 

15 2004, shall remain in force unless changes are specifically 

16 authorized in a subsequent Act. 

17 SEC. 8075. Notwithstanding any other provision of 

18 law or regulation, the Secretary of Defense may exercise 

19 the provisions of section 7403(g) of title 38, United States 

20 Code, for occupations listed in section 7403(a)(2) of title 

21 38, United States Code, as well as the following: 

22 Pharmacists, Audiologists, Psychologists, Social 

23 Workers, Othotists/Prosthetists, Occupational 

24 Therapists, Physical Therapists, Rehabilitation 

25 Therapists, Respiratory Therapists, Speech Patholo-
91 

•HR 1 EH

1 gists, Dietitian/Nutritionists, Industrial Hygienists, 

2 Psychology Technicians, Social Service Assistants, 

3 Practical Nurses, Nursing Assistants, and Dental 

4 Hygienists: 

5 (A) The requirements of section 

6 7403(g)(1)(A) of title 38, United States Code, 

7 shall apply. 

8 (B) The limitations of section 

9 7403(g)(1)(B) of title 38, United States Code, 

10 shall not apply. 

11 SEC. 8076. Funds appropriated by this Act, or made 

12 available by the transfer of funds in this Act, for intel13 ligence activities are deemed to be specifically authorized 

14 by the Congress for purposes of section 504 of the Na15 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

16 year 2011 until the enactment of the Intelligence Author17 ization Act for Fiscal Year 2011. 

18 SEC. 8077. None of the funds provided in this Act 

19 shall be available for obligation or expenditure through a 

20 reprogramming of funds that creates or initiates a new 

21 program, project, or activity unless such program, project, 

22 or activity must be undertaken immediately in the interest 

23 of national security and only after written prior notifica24 tion to the congressional defense committees. 
92 

•HR 1 EH

1 SEC. 8078. The budget of the President for fiscal 

2 year 2012 submitted to the Congress pursuant to section 

3 1105 of title 31, United States Code, shall include sepa4 rate budget justification documents for costs of United 

5 States Armed Forces’ participation in contingency oper6 ations for the Military Personnel accounts, the Operation 

7 and Maintenance accounts, and the Procurement ac8 counts: Provided, That these documents shall include a de9 scription of the funding requested for each contingency op10 eration, for each military service, to include all Active and 

11 Reserve components, and for each appropriations account: 

12 Provided further, That these documents shall include esti13 mated costs for each element of expense or object class, 

14 a reconciliation of increases and decreases for each contin15 gency operation, and programmatic data including, but 

16 not limited to, troop strength for each Active and Reserve 

17 component, and estimates of the major weapons systems 

18 deployed in support of each contingency: Provided further, 

19 That these documents shall include budget exhibits OP– 

20 5 and OP–32 (as defined in the Department of Defense 

21 Financial Management Regulation) for all contingency op22 erations for the budget year and the two preceding fiscal 

23 years. 

24 SEC. 8079. None of the funds in this Act may be 

25 used for research, development, test, evaluation, procure-
93 

•HR 1 EH

1 ment or deployment of nuclear armed interceptors of a 

2 missile defense system. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8080. In addition to the amounts appropriated 

5 or otherwise made available elsewhere in this Act, 

6 $65,200,000 is hereby appropriated to the Department of 

7 Defense: Provided, That the Secretary of Defense shall 

8 make grants in the amounts specified as follows: 

9 $20,000,000 to the United Service Organizations; 

10 $24,000,000 to the Red Cross; $1,200,000 to the Special 

11 Olympics; and $20,000,000 to the Youth Mentoring 

12 Grants Program: Provided further, That funds available 

13 in this section for the Youth Mentoring Grants Program 

14 may be available for transfer to the Department of Justice 

15 Youth Mentoring Grants Program. 

16 SEC. 8081. None of the funds appropriated or made 

17 available in this Act shall be used to reduce or disestablish 

18 the operation of the 53rd Weather Reconnaissance Squad19 ron of the Air Force Reserve, if such action would reduce 

20 the WC–130 Weather Reconnaissance mission below the 

21 levels funded in this Act: Provided, That the Air Force 

22 shall allow the 53rd Weather Reconnaissance Squadron to 

23 perform other missions in support of national defense re24 quirements during the non-hurricane season. 
94 

•HR 1 EH

1 SEC. 8082. None of the funds provided in this Act 

2 shall be available for integration of foreign intelligence in3 formation unless the information has been lawfully col4 lected and processed during the conduct of authorized for5 eign intelligence activities: Provided, That information 

6 pertaining to United States persons shall only be handled 

7 in accordance with protections provided in the Fourth 

8 Amendment of the United States Constitution as imple9 mented through Executive Order No. 12333. 

10 SEC. 8083. (a) At the time members of reserve com11 ponents of the Armed Forces are called or ordered to ac12 tive duty under section 12302(a) of title 10, United States 

13 Code, each member shall be notified in writing of the ex14 pected period during which the member will be mobilized. 

15 (b) The Secretary of Defense may waive the require16 ments of subsection (a) in any case in which the Secretary 

17 determines that it is necessary to do so to respond to a 

18 national security emergency or to meet dire operational 

19 requirements of the Armed Forces. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8084. The Secretary of Defense may transfer 

22 funds from any available Department of the Navy appro23 priation to any available Navy ship construction appro24 priation for the purpose of liquidating necessary changes 

25 resulting from inflation, market fluctuations, or rate ad-
95 

•HR 1 EH

1 justments for any ship construction program appropriated 

2 in law: Provided, That the Secretary may transfer not to 

3 exceed $100,000,000 under the authority provided by this 

4 section: Provided further, That the Secretary may not 

5 transfer any funds until 30 days after the proposed trans6 fer has been reported to the Committees on Appropria7 tions of the House of Representatives and the Senate, un8 less a response from the Committees is received sooner: 

9 Provided further, That any funds transferred pursuant to 

10 this section shall retain the same period of availability as 

11 when originally appropriated: Provided further, That the 

12 transfer authority provided by this section is in addition 

13 to any other transfer authority contained elsewhere in this 

14 Act. 

15 SEC. 8085. For purposes of section 7108 of title 41, 

16 United States Code, any subdivision of appropriations 

17 made under the heading ‘‘Shipbuilding and Conversion, 

18 Navy’’ that is not closed at the time reimbursement is 

19 made shall be available to reimburse the Judgment Fund 

20 and shall be considered for the same purposes as any sub21 division under the heading ‘‘Shipbuilding and Conversion, 

22 Navy’’ appropriations in the current fiscal year or any 

23 prior fiscal year. 

24 SEC. 8086. (a) None of the funds appropriated by 

25 this Act may be used to transfer research and develop-
96 

•HR 1 EH

1 ment, acquisition, or other program authority relating to 

2 current tactical unmanned aerial vehicles (TUAVs) from 

3 the Army. 

4 (b) The Army shall retain responsibility for and oper5 ational control of the MQ–1C Sky Warrior Unmanned 

6 Aerial Vehicle (UAV) in order to support the Secretary 

7 of Defense in matters relating to the employment of un8 manned aerial vehicles. 

9 SEC. 8087. Of the funds provided in this Act, 

10 $7,080,000 shall be available for the operations and devel11 opment of training and technology for the Joint Inter12 agency Training and Education Center and the affiliated 

13 Center for National Response at the Memorial Tunnel and 

14 for providing homeland defense/security and traditional 

15 warfighting training to the Department of Defense, other 

16 Federal agencies, and State and local first responder per17 sonnel at the Joint Interagency Training and Education 

18 Center. 

19 SEC. 8088. Notwithstanding any other provision of 

20 law or regulation, during the current fiscal year and here21 after, the Secretary of Defense may adjust wage rates for 

22 civilian employees hired for certain health care occupa23 tions as authorized for the Secretary of Veterans Affairs 

24 by section 7455 of title 38, United States Code. 
97 

•HR 1 EH

1 SEC. 8089. Up to $15,000,000 of the funds appro2 priated under the heading ‘‘Operation and Maintenance, 

3 Navy’’ may be made available for the Asia Pacific Re4 gional Initiative Program for the purpose of enabling the 

5 Pacific Command to execute Theater Security Cooperation 

6 activities such as humanitarian assistance, and payment 

7 of incremental and personnel costs of training and exer8 cising with foreign security forces: Provided, That funds 

9 made available for this purpose may be used, notwith10 standing any other funding authorities for humanitarian 

11 assistance, security assistance or combined exercise ex12 penses: Provided further, That funds may not be obligated 

13 to provide assistance to any foreign country that is other14 wise prohibited from receiving such type of assistance 

15 under any other provision of law. 

16 SEC. 8090. None of the funds appropriated by this 

17 Act for programs of the Office of the Director of National 

18 Intelligence shall remain available for obligation beyond 

19 the current fiscal year, except for funds appropriated for 

20 research and technology, which shall remain available until 

21 September 30, 2012. 

22 SEC. 8091. For purposes of section 1553(b) of title 

23 31, United States Code, any subdivision of appropriations 

24 made in this Act under the heading ‘‘Shipbuilding and 

25 Conversion, Navy’’ shall be considered to be for the same 
98 

•HR 1 EH

1 purpose as any subdivision under the heading ‘‘Ship2 building and Conversion, Navy’’ appropriations in any 

3 prior fiscal year, and the 1 percent limitation shall apply 

4 to the total amount of the appropriation. 

5 SEC. 8092. Notwithstanding any other provision of 

6 law, not more than 35 percent of funds provided in this 

7 Act for environmental remediation may be obligated under 

8 indefinite delivery/indefinite quantity contracts with a 

9 total contract value of $130,000,000 or higher. 

10 SEC. 8093. The Director of National Intelligence 

11 shall include the budget exhibits identified in paragraphs 

12 (1) and (2) as described in the Department of Defense 

13 Financial Management Regulation with the congressional 

14 budget justification books: 

15 (1) For procurement programs requesting more 

16 than $20,000,000 in any fiscal year, the P–1, Pro17 curement Program; P–5, Cost Analysis; P–5a, Pro18 curement History and Planning; P–21, Production 

19 Schedule; and P–40, Budget Item Justification. 

20 (2) For research, development, test and evalua21 tion projects requesting more than $10,000,000 in 

22 any fiscal year, the R–1, RDT&E Program; R–2, 

23 RDT&E Budget Item Justification; R–3, RDT&E 

24 Project Cost Analysis; and R–4, RDT&E Program 

25 Schedule Profile. 
99 

•HR 1 EH

1 SEC. 8094. The Secretary of Defense shall create a 

2 major force program category for space for each future3 years defense program of the Department of Defense sub4 mitted to Congress under section 221 of title 10, United 

5 States Code, during fiscal year 2011. The Secretary of De6 fense shall designate an official in the Office of the Sec7 retary of Defense to provide overall supervision of the 

8 preparation and justification of program recommendations 

9 and budget proposals to be included in such major force 

10 program category. 

11 SEC. 8095. (a) Not later than 60 days after enact12 ment of this Act, the Office of the Director of National 

13 Intelligence shall submit a report to the congressional in14 telligence committees to establish the baseline for applica15 tion of reprogramming and transfer authorities for fiscal 

16 year 2011: Provided, That the report shall include— 

17 (1) a table for each appropriation with a sepa18 rate column to display the President’s budget re19 quest, adjustments made by Congress, adjustments 

20 due to enacted rescissions, if appropriate, and the 

21 fiscal year enacted level; 

22 (2) a delineation in the table for each appro23 priation by Expenditure Center and project; and 

24 (3) an identification of items of special congres25 sional interest. 
100 

•HR 1 EH

1 (b) None of the funds provided for the National Intel2 ligence Program in this Act shall be available for re3 programming or transfer until the report identified in sub4 section (a) is submitted to the congressional intelligence 

5 committees, unless the Director of National Intelligence 

6 certifies in writing to the congressional intelligence com7 mittees that such reprogramming or transfer is necessary 

8 as an emergency requirement. 

9 SEC. 8096. The Director of National Intelligence 

10 shall submit to Congress each year, at or about the time 

11 that the President’s budget is submitted to Congress that 

12 year under section 1105(a) of title 31, United States 

13 Code, a future-years intelligence program (including asso14 ciated annexes) reflecting the estimated expenditures and 

15 proposed appropriations included in that budget. Any such 

16 future-years intelligence program shall cover the fiscal 

17 year with respect to which the budget is submitted and 

18 at least the four succeeding fiscal years. 

19 SEC. 8097. For the purposes of this Act, the term 

20 ‘‘congressional intelligence committees’’ means the Perma21 nent Select Committee on Intelligence of the House of 

22 Representatives, the Select Committee on Intelligence of 

23 the Senate, the Subcommittee on Defense of the Com24 mittee on Appropriations of the House of Representatives, 
101 

•HR 1 EH

1 and the Subcommittee on Defense of the Committee on 

2 Appropriations of the Senate. 

3 SEC. 8098. The Department of Defense shall con4 tinue to report incremental contingency operations costs 

5 for Operation New Dawn and Operation Enduring Free6 dom on a monthly basis in the Cost of War Execution 

7 Report as prescribed in the Department of Defense Finan8 cial Management Regulation Department of Defense In9 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

10 Operations’’, Annex 1, dated September 2005. 

11 SEC. 8099. The amounts appropriated in title II of 

12 this Act are hereby reduced by $1,983,000,000 to reflect 

13 excess cash balances in Department of Defense Working 

14 Capital Funds, as follows: (1) From ‘‘Operation and Main15 tenance, Army’’, $700,000,000; and (2) From ‘‘Operation 

16 and Maintenance, Defense-Wide’’, $1,283,000,000. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8100. During the current fiscal year, not to ex19 ceed $11,000,000 from each of the appropriations made 

20 in title II of this Act for ‘‘Operation and Maintenance, 

21 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper22 ation and Maintenance, Air Force’’ may be transferred by 

23 the military department concerned to its central fund es24 tablished for Fisher Houses and Suites pursuant to sec25 tion 2493(d) of title 10, United States Code. 
102 

•HR 1 EH

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8101. Of the funds appropriated in the Intel3 ligence Community Management Account for the Program 

4 Manager for the Information Sharing Environment, 

5 $24,000,000 is available for transfer by the Director of 

6 National Intelligence to other departments and agencies 

7 for purposes of Government-wide information sharing ac8 tivities: Provided, That funds transferred under this provi9 sion are to be merged with and available for the same pur10 poses and time period as the appropriation to which trans11 ferred: Provided further, That the Office of Management 

12 and Budget must approve any transfers made under this 

13 provision. 

14 SEC. 8102. Funds appropriated by this Act for oper15 ation and maintenance may be available for the purpose 

16 of making remittances to the Defense Acquisition Work17 force Development Fund in accordance with the require18 ments of section 1705 of title 10, United States Code. 

19 SEC. 8103. (a) Any agency receiving funds made 

20 available in this Act, shall, subject to subsections (b) and 

21 (c), post on the public website of that agency any report 

22 required to be submitted by the Congress in this or any 

23 other Act, upon the determination by the head of the agen24 cy that it shall serve the national interest. 

25 (b) Subsection (a) shall not apply to a report if— 
103 

•HR 1 EH

1 (1) the public posting of the report com2 promises national security; or 

3 (2) the report contains proprietary information. 

4 (c) The head of the agency posting such report shall 

5 do so only after such report has been made available to 

6 the requesting Committee or Committees of Congress for 

7 no less than 45 days. 

8 SEC. 8104. (a) None of the funds appropriated or 

9 otherwise made available by this Act may be expended for 

10 any Federal contract for an amount in excess of 

11 $1,000,000 unless the contractor agrees not to— 

12 (1) enter into any agreement with any of its 

13 employees or independent contractors that requires, 

14 as a condition of employment, that the employee or 

15 independent contractor agree to resolve through ar16 bitration any claim under title VII of the Civil 

17 Rights Act of 1964 or any tort related to or arising 

18 out of sexual assault or harassment, including as19 sault and battery, intentional infliction of emotional 

20 distress, false imprisonment, or negligent hiring, su21 pervision, or retention; or 

22 (2) take any action to enforce any provision of 

23 an existing agreement with an employee or inde24 pendent contractor that mandates that the employee 

25 or independent contractor resolve through arbitra-
104 

•HR 1 EH

1 tion any claim under title VII of the Civil Rights Act 

2 of 1964 or any tort related to or arising out of sex3 ual assault or harassment, including assault and 

4 battery, intentional infliction of emotional distress, 

5 false imprisonment, or negligent hiring, supervision, 

6 or retention. 

7 (b) None of the funds appropriated or otherwise 

8 made available by this Act may be expended for any Fed9 eral contract unless the contractor certifies that it requires 

10 each covered subcontractor to agree not to enter into, and 

11 not to take any action to enforce any provision of, any 

12 agreement as described in paragraphs (1) and (2) of sub13 section (a), with respect to any employee or independent 

14 contractor performing work related to such subcontract. 

15 For purposes of this subsection, a ‘‘covered subcon16 tractor’’ is an entity that has a subcontract in excess of 

17 $1,000,000 on a contract subject to subsection (a). 

18 (c) The prohibitions in this section do not apply with 

19 respect to a contractor’s or subcontractor’s agreements 

20 with employees or independent contractors that may not 

21 be enforced in a court of the United States. 

22 (d) The Secretary of Defense may waive the applica23 tion of subsection (a) or (b) to a particular contractor or 

24 subcontractor for the purposes of a particular contract or 

25 subcontract if the Secretary or the Deputy Secretary per-
105 

•HR 1 EH

1 sonally determines that the waiver is necessary to avoid 

2 harm to national security interests of the United States, 

3 and that the term of the contract or subcontract is not 

4 longer than necessary to avoid such harm. The determina5 tion shall set forth with specificity the grounds for the 

6 waiver and for the contract or subcontract term selected, 

7 and shall state any alternatives considered in lieu of a 

8 waiver and the reasons each such alternative would not 

9 avoid harm to national security interests of the United 

10 States. The Secretary of Defense shall transmit to Con11 gress, and simultaneously make public, any determination 

12 under this subsection not less than 15 business days be13 fore the contract or subcontract addressed in the deter14 mination may be awarded. 

15 (e) By March 1, 2011, or within 60 days after enact16 ment of this Act, whichever is later, the Government Ac17 countability Office shall submit a report to the Congress 

18 evaluating the effect that the requirements of this section 

19 have had on national security, including recommendations, 

20 if any, for changes to these requirements. 

21 SEC. 8105. (a) PROHIBITION ON CONVERSION OF

22 FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO

23 CONTRACTOR PERFORMANCE.—None of the funds appro24 priated by this Act or otherwise available to the Depart25 ment of Defense may be used to begin or announce the 
106 

•HR 1 EH

1 competition to award to a contractor or convert to per2 formance by a contractor any functions performed by Fed3 eral employees pursuant to a study conducted under Office 

4 of Management and Budget (OMB) Circular A–76. 

5 (b) EXCEPTION.—The prohibition in subsection (a) 

6 shall not apply to the award of a function to a contractor 

7 or the conversion of a function to performance by a con8 tractor pursuant to a study conducted under Office of 

9 Management and Budget (OMB) Circular A–76 once all 

10 reporting and certifications required by section 325 of the 

11 National Defense Authorization Act for Fiscal Year 2010 

12 (Public Law 111–84) have been satisfactorily completed. 

13 SEC. 8106. (a)(1) No National Intelligence Program 

14 funds appropriated in this Act may be used for a mission 

15 critical or mission essential business management infor16 mation technology system that is not registered with the 

17 Director of National Intelligence. A system shall be con18 sidered to be registered with that officer upon the fur19 nishing notice of the system, together with such informa20 tion concerning the system as the Director of the Business 

21 Transformation Office may prescribe. 

22 (2) During the current fiscal year no funds may be 

23 obligated or expended for a financial management auto24 mated information system, a mixed information system 

25 supporting financial and non-financial systems, or a busi-
107 

•HR 1 EH

1 ness system improvement of more than $3,000,000, within 

2 the Intelligence Community without the approval of the 

3 Business Transformation Office, and the designated Intel4 ligence Community functional lead element. 

5 (b) The Director of the Business Transformation Of6 fice shall provide the congressional intelligence committees 

7 a semi-annual report of approvals under paragraph (1) no 

8 later than March 30 and September 30 of each year. The 

9 report shall include the results of the Business Trans10 formation Investment Review Board’s semi-annual activi11 ties, and each report shall certify that the following steps 

12 have been taken for systems approved under paragraph 

13 (1): 

14 (1) Business process reengineering. 

15 (2) An analysis of alternatives and an economic 

16 analysis that includes a calculation of the return on 

17 investment. 

18 (3) Assurance the system is compatible with the 

19 enterprise-wide business architecture. 

20 (4) Performance measures. 

21 (5) An information assurance strategy con22 sistent with the Chief Information Officer of the In23 telligence Community. 
108 

•HR 1 EH

1 (c) This section shall not apply to any programmatic 

2 or analytic systems or programmatic or analytic system 

3 improvements. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8107. Of the funds appropriated in this Act for 

6 the Office of the Director of National Intelligence, 

7 $50,000,000, may be transferred to appropriations avail8 able to the Central Intelligence Agency, the National Secu9 rity Agency, and the National Geospatial Intelligence 

10 Agency, the Defense Intelligence Agency and the National 

11 Reconnaissance Office for the Business Transformation 

12 Transfer Funds, to be merged with and to be available 

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

14 appropriation to which transferred: Provided, That the 

15 transfer authority provided under this provision is in addi16 tion to any other transfer authority contained in this Act. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8108. In addition to funds made available else19 where in this Act, there is hereby appropriated 

20 $538,875,000, to remain available until transferred: Pro21 vided, That these funds are appropriated to the ‘‘Tanker 

22 Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 

23 elsewhere in this section): Provided further, That the Sec24 retary of the Air Force may transfer amounts in the Fund 

25 to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 
109 

•HR 1 EH

1 Procurement, Air Force’’, and ‘‘Research, Development, 

2 Test and Evaluation, Air Force’’, only for the purposes 

3 of proceeding with a tanker acquisition program: Provided 

4 further, That funds transferred shall be merged with and 

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

6 period as the appropriations or fund to which transferred: 

7 Provided further, That this transfer authority is in addi8 tion to any other transfer authority available to the De9 partment of Defense: Provided further, That the Secretary 

10 of the Air Force shall, not fewer than 15 days prior to 

11 making transfers using funds provided in this section, no12 tify the congressional defense committees in writing of the 

13 details of any such transfer: Provided further, That the 

14 Secretary shall submit a report no later than 30 days after 

15 the end of each fiscal quarter to the congressional defense 

16 committees summarizing the details of the transfer of 

17 funds from this appropriation. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8109. From within the funds appropriated for 

20 operation and maintenance for the Defense Health Pro21 gram in this Act, up to $132,200,000, shall be available 

22 for transfer to the Joint Department of Defense-Depart23 ment of Veterans Affairs Medical Facility Demonstration 

24 Fund in accordance with the provisions of section 1704 

25 of the National Defense Authorization Act for Fiscal Year 
110 

•HR 1 EH

1 2010, Public Law 111–84: Provided, That for purposes 

2 of section 1704(b), the facility operations funded are oper3 ations of the integrated Captain James A. Lovell Federal 

4 Health Care Center, consisting of the North Chicago Vet5 erans Affairs Medical Center, the Navy Ambulatory Care 

6 Center, and supporting facilities designated as a combined 

7 Federal medical facility as described by section 706 of 

8 Public Law 110–417: Provided further, That additional 

9 funds may be transferred from funds appropriated for op10 eration and maintenance for the Defense Health Program 

11 to the Joint Department of Defense-Department of Vet12 erans Affairs Medical Facility Demonstration Fund upon 

13 written notification by the Secretary of Defense to the 

14 Committees on Appropriations of the House of Represent15 atives and the Senate. 

16 SEC. 8110. (a) Of the amounts made available in this 

17 Act under the heading ‘‘Operation and Maintenance, 

18 Navy’’, not less than $2,000,000, shall be made available 

19 for leveraging the Army’s Contractor Manpower Reporting 

20 Application, modified as appropriate for Service-specific 

21 requirements, for documenting the number of full-time 

22 contractor employees (or its equivalent) pursuant to 

23 United States Code title 10, section 2330a(c) and meeting 

24 the requirements of United States Code title 10, section 

25 2330a(e) and United States Code title 10, section 235. 
111 

•HR 1 EH

1 (b) Of the amounts made available in this Act under 

2 the heading ‘‘Operation and Maintenance, Air Force’’, not 

3 less than $2,000,000 shall be made available for 

4 leveraging the Army’s Contractor Manpower Reporting 

5 Application, modified as appropriate for Service-specific 

6 requirements, for documenting the number of full-time 

7 contractor employees (or its equivalent) pursuant to 

8 United States Code title 10 section 2330a(c) and meeting 

9 the requirements of United States Code title 10, section 

10 2330a(e) and United States Code title 10, section 235. 

11 (c) The Secretaries of the Army, Navy, Air Force, 

12 and the Directors of the Defense Agencies and Field Ac13 tivities (in coordination with the appropriate Principal 

14 Staff Assistant), in coordination with the Under Secretary 

15 of Defense for Personnel and Readiness, shall report to 

16 the congressional defense committees within 60 days of 

17 enactment of this Act their plan for documenting the num18 ber of full-time contractor employees (or its equivalent), 

19 as required by United States Code title 10, section 2330a. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8111. In addition to amounts provided else22 where in this Act, there is appropriated $250,000,000, for 

23 an additional amount for ‘‘Operation and Maintenance, 

24 Defense-Wide’’, to be available until expended: Provided, 

25 That such funds shall only be available to the Secretary 
112 

•HR 1 EH

1 of Defense, acting through the Office of Economic Adjust2 ment of the Department of Defense, or for transfer to the 

3 Secretary of Education, notwithstanding any other provi4 sion of law, to make grants, conclude cooperative agree5 ments, or supplement other Federal funds to construct, 

6 renovate, repair, or expand elementary and secondary pub7 lic schools on military installations in order to address ca8 pacity or facility condition deficiencies at such schools: 

9 Provided further, That in making such funds available, the 

10 Office of Economic Adjustment or the Secretary of Edu11 cation shall give priority consideration to those military 

12 installations with schools having the most serious capacity 

13 or facility condition deficiencies as determined by the Sec14 retary of Defense. 

15 SEC. 8112. In addition to amounts provided else16 where in this Act, there is appropriated $300,000,000, for 

17 an additional amount for ‘‘Operation and Maintenance, 

18 Defense-Wide’’, to remain available until expended. Such 

19 funds may be available for the Office of Economic Adjust20 ment, notwithstanding any other provision of law, for 

21 transportation infrastructure improvements associated 

22 with medical facilities related to recommendations of the 

23 Defense Base Closure and Realignment Commission. 

24 SEC. 8113. Section 310(b) of the Supplemental Ap25 propriations Act, 2009 (Public Law 111–32; 123 Stat. 
113 

•HR 1 EH

1 1871) is amended by striking ‘‘1 year’’ both places it ap2 pears and inserting ‘‘2 years’’. 

3 SEC. 8114. The Office of the Director of National 

4 Intelligence shall not employ more Senior Executive em5 ployees than are specified in the classified annex: Pro6 vided, That not later than 90 days after enactment of this 

7 Act, the Director of National Intelligence shall certify that 

8 the Office of the Director of National Intelligence selects 

9 individuals for Senior Executive positions in a manner 

10 consistent with statutes, regulations, and the requirements 

11 of other Federal agencies in making such appointments 

12 and will submit its policies and procedures related to the 

13 appointment of personnel to Senior Executive positions to 

14 the congressional intelligence oversight committees. 

15 SEC. 8115. For all major defense acquisition pro16 grams for which the Department of Defense plans to pro17 ceed to source selection during the current fiscal year, the 

18 Secretary of Defense shall perform an assessment of the 

19 winning bidder to determine whether or not the proposed 

20 costs are realistic and reasonable with respect to proposed 

21 development and production costs. The Secretary of De22 fense shall provide a report of these assessments, to spe23 cifically include whether any cost assessments determined 

24 that such proposed costs were unreasonable or unrealistic, 

25 to the congressional defense committees not later than 60 
114 

•HR 1 EH

1 days after enactment of this Act and on a quarterly basis 

2 thereafter. 

3 SEC. 8116. (a) The Deputy Under Secretary of De4 fense for Installations and Environment, in collaboration 

5 with the Secretary of Energy, shall conduct energy secu6 rity pilot projects at facilities of the Department of De7 fense. 

8 (b) In addition to the amounts provided elsewhere in 

9 this Act, $20,000,000, is appropriated to the Department 

10 of Defense for ‘‘Operation and Maintenance, Defense11 Wide’’ for energy security pilot projects under subsection 

12 (a). 

13 SEC. 8117. None of the funds appropriated or other14 wise made available by this Act may be obligated or ex15 pended to pay a retired general or flag officer to serve 

16 as a senior mentor advising the Department of Defense 

17 unless such retired officer files a Standard Form 278 (or 

18 successor form concerning public financial disclosure 

19 under part 2634 of title 5, Code of Federal Regulations) 

20 to the Office of Government Ethics. 

21 SEC. 8118. Not later than 180 days after the date 

22 of the enactment of this Act, the Secretary of Defense, 

23 the Chief of the Air Force Reserve, and the Director of 

24 the National Guard Bureau, in collaboration with the Sec25 retary of Agriculture and the Secretary of the Interior, 
115 

•HR 1 EH

1 shall submit to the Committees on Appropriations of the 

2 House and Senate, the House Committee on Agriculture, 

3 the Senate Committee on Agriculture, Nutrition and For4 estry, the House Committee on Natural Resources, and 

5 the Senate Committee on Energy and Natural Resources 

6 a report of firefighting aviation assets. The report re7 quired under this section shall include each of the fol8 lowing: 

9 (1) A description of the programming details 

10 necessary to obtain an appropriate mix of fixed wing 

11 and rotor wing firefighting assets needed to produce 

12 an effective aviation resource base to support the 

13 wildland fire management program into the future. 

14 Such programming details shall include the acquisi15 tion and contracting needs of the mix of aviation re16 sources fleet, including the acquisition of up to 24 

17 C–130Js equipped with the Mobile Airborne Fire 

18 Fighting System II (in this section referred to as 

19 ‘‘MAFFS’’), to be acquired over several fiscal years 

20 starting in fiscal year 2012. 

21 (2) The costs associated with acquisition and 

22 contracting of the aviation assets described in para23 graph (1). 

24 (3) A description of the costs of the operation, 

25 maintenance, and sustainment of a fixed and rotor 
116 

•HR 1 EH

1 wing aviation fleet, including a C–130J/MAFFS II 

2 in an Air National Guard tactical airlift unit con3 struct of 4, 6, or 8 C–130Js per unit starting in fis4 cal year 2012, projected out through fiscal year 

5 2020. Such description shall include the projected 

6 costs associated with each of the following through 

7 fiscal year 2020: 

8 (A) Crew ratio based on 4, 6, or 8 C–130J 

9 Air National Guard unit construct and require10 ment for full-time equivalent crews. 

11 (B) Associated maintenance and other sup12 port personnel and requirement for full-time 

13 equivalent positions. 

14 (C) Yearly flying hour model and the cost 

15 for use of a fixed and rotor wing aviation fleet, 

16 including C–130J in its MAFFS capacity sup17 porting the United States Forest Service. 

18 (D) Yearly flying hour model and cost for 

19 use of a C–130J in its capacity supporting Air 

20 National Guard tactical airlift training. 

21 (E) Any other costs required to conduct 

22 both the airlift and firefighting missions, in23 cluding the Air National Guard unit construct 

24 for C–130Js. 
117 

•HR 1 EH

1 (4) Proposed program management, utilization, 

2 and cost share arrangements for the aircraft de3 scribed in paragraph (1) for primary support of the 

4 Forest Service and secondary support, on an as 

5 available basis, for the Department of Defense, to6 gether with any proposed statutory language needed 

7 to authorize and effectuate the same. 

8 (5) An integrated plan for the Forest Service 

9 and the Department of the Interior wildland fire 

10 management programs to operate the fire fighting 

11 air tanker assets referred to in this section. 

12 SEC. 8119. The explanatory statement regarding this 

13 Act, printed in the House of Representatives section of 

14 the Congressional Record on or about February 16, 2011, 

15 by the Chairman of the Committee on Appropriations of 

16 the House, shall have the same effect with respect to the 

17 allocation of funds and implementation of this Act as if 

18 it were a Report of the Committee on Appropriations. 

19 TITLE IX 

20 OVERSEAS CONTINGENCY OPERATIONS 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For an additional amount for ‘‘Military Personnel, 

24 Army’’, $11,468,033,000: Provided, That each amount in 

25 this paragraph is designated as being for contingency op-
118 

•HR 1 EH

1 erations directly related to the global war on terrorism 

2 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

3 and as an emergency requirement pursuant to section 

4 403(a) of S. Con. Res. 13 (111th Congress), the concur5 rent resolution on the budget for fiscal year 2010. 

6 MILITARY PERSONNEL, NAVY

7 For an additional amount for ‘‘Military Personnel, 

8 Navy’’, $1,308,719,000: Provided, That each amount in 

9 this paragraph is designated as being for contingency op10 erations directly related to the global war on terrorism 

11 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

12 and as an emergency requirement pursuant to section 

13 403(a) of S. Con. Res. 13 (111th Congress), the concur14 rent resolution on the budget for fiscal year 2010. 

15 MILITARY PERSONNEL, MARINE CORPS

16 For an additional amount for ‘‘Military Personnel, 

17 Marine Corps’’, $732,920,000: Provided, That each 

18 amount in this paragraph is designated as being for con19 tingency operations directly related to the global war on 

20 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

21 Congress) and as an emergency requirement pursuant to 

22 section 403(a) of S. Con. Res. 13 (111th Congress), the 

23 concurrent resolution on the budget for fiscal year 2010. 
119 

•HR 1 EH

1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $2,060,442,000: Provided, That each amount 

4 in this paragraph is designated as being for contingency 

5 operations directly related to the global war on terrorism 

6 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

7 and as an emergency requirement pursuant to section 

8 403(a) of S. Con. Res. 13 (111th Congress), the concur9 rent resolution on the budget for fiscal year 2010. 

10 RESERVE PERSONNEL, ARMY

11 For an additional amount for ‘‘Reserve Personnel, 

12 Army’’, $268,031,000: Provided, That each amount in this 

13 paragraph is designated as being for contingency oper14 ations directly related to the global war on terrorism pur15 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

16 and as an emergency requirement pursuant to section 

17 403(a) of S. Con. Res. 13 (111th Congress), the concur18 rent resolution on the budget for fiscal year 2010. 

19 RESERVE PERSONNEL, NAVY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Navy’’, $48,912,000: Provided, That each amount in this 

22 paragraph is designated as being for contingency oper23 ations directly related to the global war on terrorism pur24 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

25 and as an emergency requirement pursuant to section 
120 

•HR 1 EH

1 403(a) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 RESERVE PERSONNEL, MARINE CORPS

4 For an additional amount for ‘‘Reserve Personnel, 

5 Marine Corps’’, $45,437,000: Provided, That each amount 

6 in this paragraph is designated as being for contingency 

7 operations directly related to the global war on terrorism 

8 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

9 and as an emergency requirement pursuant to section 

10 403(a) of S. Con. Res. 13 (111th Congress), the concur11 rent resolution on the budget for fiscal year 2010. 

12 RESERVE PERSONNEL, AIR FORCE

13 For an additional amount for ‘‘Reserve Personnel, 

14 Air Force’’, $27,002,000: Provided, That each amount in 

15 this paragraph is designated as being for contingency op16 erations directly related to the global war on terrorism 

17 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

18 and as an emergency requirement pursuant to section 

19 403(a) of S. Con. Res. 13 (111th Congress), the concur20 rent resolution on the budget for fiscal year 2010. 

21 NATIONAL GUARD PERSONNEL, ARMY

22 For an additional amount for ‘‘National Guard Per23 sonnel, Army’’, $853,022,000: Provided, That each 

24 amount in this paragraph is designated as being for con25 tingency operations directly related to the global war on 
121 

•HR 1 EH

1 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

2 Congress) and as an emergency requirement pursuant to 

3 section 403(a) of S. Con. Res. 13 (111th Congress), the 

4 concurrent resolution on the budget for fiscal year 2010. 

5 NATIONAL GUARD PERSONNEL, AIR FORCE

6 For an additional amount for ‘‘National Guard Per7 sonnel, Air Force’’, $16,860,000: Provided, That each 

8 amount in this paragraph is designated as being for con9 tingency operations directly related to the global war on 

10 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

11 Congress) and as an emergency requirement pursuant to 

12 section 403(a) of S. Con. Res. 13 (111th Congress), the 

13 concurrent resolution on the budget for fiscal year 2010. 

14 OPERATION AND MAINTENANCE 

15 OPERATION AND MAINTENANCE, ARMY

16 For an additional amount for ‘‘Operation and Main17 tenance, Army’’, $59,212,782,000: Provided, That each 

18 amount in this paragraph is designated as being for con19 tingency operations directly related to the global war on 

20 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

21 Congress) and as an emergency requirement pursuant to 

22 section 403(a) of S. Con. Res. 13 (111th Congress), the 

23 concurrent resolution on the budget for fiscal year 2010. 
122 

•HR 1 EH

1 OPERATION AND MAINTENANCE, NAVY

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy’’, $8,970,724,000: Provided, That each 

4 amount in this paragraph is designated as being for con5 tingency operations directly related to the global war on 

6 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

7 Congress) and as an emergency requirement pursuant to 

8 section 403(a) of S. Con. Res. 13 (111th Congress), the 

9 concurrent resolution on the budget for fiscal year 2010. 

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 For an additional amount for ‘‘Operation and Main12 tenance, Marine Corps’’, $4,008,022,000: Provided, That 

13 each amount in this paragraph is designated as being for 

14 contingency operations directly related to the global war 

15 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

16 (112th Congress) and as an emergency requirement pur17 suant to section 403(a) of S. Con. Res. 13 (111th Con18 gress), the concurrent resolution on the budget for fiscal 

19 year 2010. 

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For an additional amount for ‘‘Operation and Main22 tenance, Air Force’’, $12,989,643,000: Provided, That 

23 each amount in this paragraph is designated as being for 

24 contingency operations directly related to the global war 

25 on terrorism pursuant to section 3(c)(2) of H. Res. 5 
123 

•HR 1 EH

1 (112th Congress) and as an emergency requirement pur2 suant to section 403(a) of S. Con. Res. 13 (111th Con3 gress), the concurrent resolution on the budget for fiscal 

4 year 2010. 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 For an additional amount for ‘‘Operation and Main7 tenance, Defense-Wide’’, $9,276,990,000: Provided, That 

8 each amount in this section is designated as being for con9 tingency operations directly related to the global war on 

10 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

11 Congress) and as an emergency requirement pursuant to 

12 section 403(a) of S. Con. Res. 13 (111th Congress), the 

13 concurrent resolution on the budget for fiscal year 2010: 

14 Provided further, That of the funds provided under this 

15 heading: 

16 (1) Not to exceed $12,500,000 for the Combat17 ant Commander Initiative Fund, to be used in sup18 port of Operation New Dawn and Operation Endur19 ing Freedom. 

20 (2) Not to exceed $1,600,000,000, to remain 

21 available until expended, for payments to reimburse 

22 key cooperating nations for logistical, military, and 

23 other support, including access provided to United 

24 States military operations in support of Operation 

25 New Dawn and Operation Enduring Freedom, not-
124 

•HR 1 EH

1 withstanding any other provision of law: Provided, 

2 That such reimbursement payments may be made in 

3 such amounts as the Secretary of Defense, with the 

4 concurrence of the Secretary of State, and in con5 sultation with the Director of the Office of Manage6 ment and Budget, may determine, in his discretion, 

7 based on documentation determined by the Secretary 

8 of Defense to adequately account for the support 

9 provided, and such determination is final and con10 clusive upon the accounting officers of the United 

11 States, and 15 days following notification to the ap12 propriate congressional committees: Provided further, 

13 That the requirement to provide notification shall 

14 not apply with respect to a reimbursement for access 

15 based on an international agreement: Provided fur16 ther, That these funds may be used for the purpose 

17 of providing specialized training and procuring sup18 plies and specialized equipment and providing such 

19 supplies and loaning such equipment on a non-reim20 bursable basis to coalition forces supporting United 

21 States military operations in Iraq and Afghanistan, 

22 and 15 days following notification to the appropriate 

23 congressional committees: Provided further, That the 

24 Secretary of Defense shall provide quarterly reports 
125 

•HR 1 EH

1 to the congressional defense committees on the use 

2 of funds provided in this paragraph. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Army Reserve’’, $206,784,000: Provided, That 

6 each amount in this paragraph is designated as being for 

7 contingency operations directly related to the global war 

8 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

9 (112th Congress) and as an emergency requirement pur10 suant to section 403(a) of S. Con. Res. 13 (111th Con11 gress), the concurrent resolution on the budget for fiscal 

12 year 2010. 

13 OPERATION AND MAINTENANCE, NAVY RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Navy Reserve’’, $93,559,000: Provided, That 

16 each amount in this paragraph is designated as being for 

17 contingency operations directly related to the global war 

18 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

19 (112th Congress) and as an emergency requirement pur20 suant to section 403(a) of S. Con. Res. 13 (111th Con21 gress), the concurrent resolution on the budget for fiscal 

22 year 2010. 
126 

•HR 1 EH

1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For an additional amount for ‘‘Operation and Main4 tenance, Marine Corps Reserve’’, $29,685,000: Provided, 

5 That each amount in this paragraph is designated as 

6 being for contingency operations directly related to the 

7 global war on terrorism pursuant to section 3(c)(2) of H. 

8 Res. 5 (112th Congress) and as an emergency requirement 

9 pursuant to section 403(a) of S. Con. Res. 13 (111th Con10 gress), the concurrent resolution on the budget for fiscal 

11 year 2010. 

12 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Air Force Reserve’’, $203,807,000: Provided, 

15 That each amount in this paragraph is designated as 

16 being for contingency operations directly related to the 

17 global war on terrorism pursuant to section 3(c)(2) of H. 

18 Res. 5 (112th Congress) and as an emergency requirement 

19 pursuant to section 403(a) of S. Con. Res. 13 (111th Con20 gress), the concurrent resolution on the budget for fiscal 

21 year 2010. 

22 OPERATION AND MAINTENANCE, ARMY NATIONAL

23 GUARD

24 For an additional amount for ‘‘Operation and Main25 tenance, Army National Guard’’, $497,849,000: Provided, 
127 

•HR 1 EH

1 That each amount in this paragraph is designated as 

2 being for contingency operations directly related to the 

3 global war on terrorism pursuant to section 3(c)(2) of H. 

4 Res. 5 (112th Congress) and as an emergency requirement 

5 pursuant to section 403(a) of S. Con. Res. 13 (111th Con6 gress), the concurrent resolution on the budget for fiscal 

7 year 2010. 

8 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

9 For an additional amount for ‘‘Operation and Main10 tenance, Air National Guard’’, $417,983,000: Provided, 

11 That each amount in this paragraph is designated as 

12 being for contingency operations directly related to the 

13 global war on terrorism pursuant to section 3(c)(2) of H. 

14 Res. 5 (112th Congress) and as an emergency requirement 

15 pursuant to section 403(a) of S. Con. Res. 13 (111th Con16 gress), the concurrent resolution on the budget for fiscal 

17 year 2010. 

18 AFGHANISTAN INFRASTRUCTURE FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 There is hereby established in the Treasury of the 

21 United States the ‘‘Afghanistan Infrastructure Fund’’. 

22 For the ‘‘Afghanistan Infrastructure Fund’’, 

23 $400,000,000, to remain available until September 30, 

24 2012: Provided, That such sums shall be available for in25 frastructure projects in Afghanistan, notwithstanding any 
128 

•HR 1 EH

1 other provision of law, which shall be undertaken by the 

2 Secretary of State, unless the Secretary of State and the 

3 Secretary of Defense jointly decide that a specific project 

4 will be undertaken by the Department of Defense: Pro5 vided further, That the infrastructure referred to in the 

6 preceding proviso is in support of the counterinsurgency 

7 strategy, requiring funding for facility and infrastructure 

8 projects, including, but not limited to, water, power, and 

9 transportation projects and related maintenance and 

10 sustainment costs: Provided further, That the authority to 

11 undertake such infrastructure projects is in addition to 

12 any other authority to provide assistance to foreign na13 tions: Provided further, That any projects funded by this 

14 appropriation shall be jointly formulated and concurred in 

15 by the Secretary of State and Secretary of Defense: Pro16 vided further, That funds may be transferred to the De17 partment of State for purposes of undertaking projects, 

18 which funds shall be considered to be economic assistance 

19 under the Foreign Assistance Act of 1961 for purposes 

20 of making available the administrative authorities con21 tained in that Act: Provided further, That the transfer au22 thority in the preceding proviso is in addition to any other 

23 authority available to the Department of Defense to trans24 fer funds: Provided further, That any unexpended funds 

25 transferred to the Secretary of State under this authority 
129 

•HR 1 EH

1 shall be returned to the Afghanistan Infrastructure Fund 

2 if the Secretary of State, in coordination with the Sec3 retary of Defense, determines that the project cannot be 

4 implemented for any reason, or that the project no longer 

5 supports the counterinsurgency strategy in Afghanistan: 

6 Provided further, That any funds returned to the Sec7 retary of Defense under the previous proviso shall be avail8 able for use under this appropriation and shall be treated 

9 in the same manner as funds not transferred to the Sec10 retary of State: Provided further, That contributions of 

11 funds for the purposes provided herein to the Secretary 

12 of State in accordance with section 635(d) of the Foreign 

13 Assistance Act from any person, foreign government, or 

14 international organization may be credited to this Fund, 

15 to remain available until expended, and used for such pur16 poses: Provided further, That the Secretary of Defense 

17 shall, not fewer than 15 days prior to making transfers 

18 to or from, or obligations from the Fund, notify the appro19 priate committees of Congress in writing of the details of 

20 any such transfer: Provided further, That the ‘‘appropriate 

21 committees of Congress’’ are the Committees on Armed 

22 Services, Foreign Relations and Appropriations of the 

23 Senate and the Committees on Armed Services, Foreign 

24 Affairs and Appropriations of the House of Representa25 tives: Provided further, That each amount in this para-
130 

•HR 1 EH

1 graph is designated as being for contingency operations 

2 directly related to the global war on terrorism pursuant 

3 to section 3(c)(2) of H. Res. 5 (112th Congress) and as 

4 an emergency requirement pursuant to section 403(a) of 

5 S. Con. Res. 13 (111th Congress), the concurrent resolu6 tion on the budget for fiscal year 2010. 

7 AFGHANISTAN SECURITY FORCES FUND

8 For the ‘‘Afghanistan Security Forces Fund’’, 

9 $11,619,283,000, to remain available until September 30, 

10 2012: Provided, That such funds shall be available to the 

11 Secretary of Defense, notwithstanding any other provision 

12 of law, for the purpose of allowing the Commander, Com13 bined Security Transition Command—Afghanistan, or the 

14 Secretary’s designee, to provide assistance, with the con15 currence of the Secretary of State, to the security forces 

16 of Afghanistan, including the provision of equipment, sup17 plies, services, training, facility and infrastructure repair, 

18 renovation, and construction, and funding: Provided fur19 ther, That the authority to provide assistance under this 

20 heading is in addition to any other authority to provide 

21 assistance to foreign nations: Provided further, That up 

22 to $15,000,000 of these funds may be available for coali23 tion police trainer life support costs: Provided further, 

24 That contributions of funds for the purposes provided 

25 herein from any person, foreign government, or inter-
131 

•HR 1 EH

1 national organization may be credited to this Fund and 

2 used for such purposes: Provided further, That the Sec3 retary of Defense shall notify the congressional defense 

4 committees in writing upon the receipt and upon the obli5 gation of any contribution, delineating the sources and 

6 amounts of the funds received and the specific use of such 

7 contributions: Provided further, That the Secretary of De8 fense shall, not fewer than 15 days prior to obligating 

9 from this appropriation account, notify the congressional 

10 defense committees in writing of the details of any such 

11 obligation: Provided further, That the Secretary of Defense 

12 shall notify the congressional defense committees of any 

13 proposed new projects or transfer of funds between budget 

14 sub-activity groups in excess of $20,000,000: Provided fur15 ther, That each amount in this paragraph is designated 

16 as being for contingency operations directly related to the 

17 global war on terrorism pursuant to section 3(c)(2) of H. 

18 Res. 5 (112th Congress) and as an emergency requirement 

19 pursuant to section 403(a) of S. Con. Res. 13 (111th Con20 gress), the concurrent resolution on the budget for fiscal 

21 year 2010. 

22 IRAQ SECURITY FORCES FUND

23 For the ‘‘Iraq Security Forces Fund’’, 

24 $1,500,000,000, to remain available until September 30, 

25 2012: Provided, That such funds shall be available to the 
132 

•HR 1 EH

1 Secretary of Defense, notwithstanding any other provision 

2 of law, for the purpose of allowing the Commander, United 

3 States Forces-Iraq, or the Secretary’s designee, to provide 

4 assistance, with the concurrence of the Secretary of State, 

5 to the security forces of Iraq, including the provision of 

6 equipment, supplies, services, training, facility and infra7 structure repair, and renovation: Provided further, That 

8 the authority to provide assistance under this heading is 

9 in addition to any other authority to provide assistance 

10 to foreign nations: Provided further, That contributions of 

11 funds for the purposes provided herein from any person, 

12 foreign government, or international organization may be 

13 credited to this Fund and used for such purposes: Pro14 vided further, That the Secretary shall notify the congres15 sional defense committees in writing upon the receipt and 

16 upon the obligation of any contribution, delineating the 

17 sources and amounts of the funds received and the specific 

18 use of such contributions: Provided further, That the Sec19 retary of Defense shall, not fewer than 15 days prior to 

20 obligating from this appropriation account, notify the con21 gressional defense committees in writing of the details of 

22 any such obligation: Provided further, That the Secretary 

23 of Defense shall notify the congressional defense commit24 tees of any proposed new projects or transfer of funds be25 tween budget sub-activity groups in excess of 
133 

•HR 1 EH

1 $20,000,000: Provided further, That each amount in this 

2 paragraph is designated as being for contingency oper3 ations directly related to the global war on terrorism pur4 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

5 and as an emergency requirement pursuant to section 

6 403(a) of S. Con. Res. 13 (111th Congress), the concur7 rent resolution on the budget for fiscal year 2010. 

8 PROCUREMENT 

9 AIRCRAFT PROCUREMENT, ARMY

10 For an additional amount for ‘‘Aircraft Procurement, 

11 Army’’, $2,720,138,000, to remain available until Sep12 tember 30, 2013: Provided, That each amount in this 

13 paragraph is designated as being for contingency oper14 ations directly related to the global war on terrorism pur15 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

16 and as an emergency requirement pursuant to section 

17 403(a) of S. Con. Res. 13 (111th Congress), the concur18 rent resolution on the budget for fiscal year 2010. 

19 MISSILE PROCUREMENT, ARMY

20 For an additional amount for ‘‘Missile Procurement, 

21 Army’’, $343,828,000, to remain available until Sep22 tember 30, 2013: Provided, That each amount in this 

23 paragraph is designated as being for contingency oper24 ations directly related to the global war on terrorism pur25 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
134 

•HR 1 EH

1 and as an emergency requirement pursuant to section 

2 403(a) of S. Con. Res. 13 (111th Congress), the concur3 rent resolution on the budget for fiscal year 2010. 

4 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

5 VEHICLES, ARMY

6 For an additional amount for ‘‘Procurement of Weap7 ons and Tracked Combat Vehicles, Army’’, $896,996,000, 

8 to remain available until September 30, 2013: Provided, 

9 That each amount in this paragraph is designated as 

10 being for contingency operations directly related to the 

11 global war on terrorism pursuant to section 3(c)(2) of H. 

12 Res. 5 (112th Congress) and as an emergency requirement 

13 pursuant to section 403(a) of S. Con. Res. 13 (111th Con14 gress), the concurrent resolution on the budget for fiscal 

15 year 2010. 

16 PROCUREMENT OF AMMUNITION, ARMY

17 For an additional amount for ‘‘Procurement of Am18 munition, Army’’, $369,885,000, to remain available until 

19 September 30, 2013: Provided, That each amount in this 

20 paragraph is designated as being for contingency oper21 ations directly related to the global war on terrorism pur22 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

23 and as an emergency requirement pursuant to section 

24 403(a) of S. Con. Res. 13 (111th Congress), the concur25 rent resolution on the budget for fiscal year 2010. 
135 

•HR 1 EH

1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $6,423,832,000, to remain available until Sep4 tember 30, 2013: Provided, That each amount in this 

5 paragraph is designated as being for contingency oper6 ations directly related to the global war on terrorism pur7 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

8 and as an emergency requirement pursuant to section 

9 403(a) of S. Con. Res. 13 (111th Congress), the concur10 rent resolution on the budget for fiscal year 2010. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Navy’’, $1,269,549,000, to remain available until Sep14 tember 30, 2013: Provided, That each amount in this 

15 paragraph is designated as being for contingency oper16 ations directly related to the global war on terrorism pur17 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

18 and as an emergency requirement pursuant to section 

19 403(a) of S. Con. Res. 13 (111th Congress), the concur20 rent resolution on the budget for fiscal year 2010. 

21 WEAPONS PROCUREMENT, NAVY

22 For an additional amount for ‘‘Weapons Procure23 ment, Navy’’, $90,502,000, to remain available until Sep24 tember 30, 2013: Provided, That each amount in this 

25 paragraph is designated as being for contingency oper-
136 

•HR 1 EH

1 ations directly related to the global war on terrorism pur2 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

3 and as an emergency requirement pursuant to section 

4 403(a) of S. Con. Res. 13 (111th Congress), the concur5 rent resolution on the budget for fiscal year 2010. 

6 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

7 CORPS

8 For an additional amount for ‘‘Procurement of Am9 munition, Navy and Marine Corps’’, $558,024,000, to re10 main available until September 30, 2013: Provided, That 

11 each amount in this paragraph is designated as being for 

12 contingency operations directly related to the global war 

13 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

14 (112th Congress) and as an emergency requirement pur15 suant to section 403(a) of S. Con. Res. 13 (111th Con16 gress), the concurrent resolution on the budget for fiscal 

17 year 2010. 

18 OTHER PROCUREMENT, NAVY

19 For an additional amount for ‘‘Other Procurement, 

20 Navy’’, $316,835,000, to remain available until September 

21 30, 2013: Provided, That each amount in this paragraph 

22 is designated as being for contingency operations directly 

23 related to the global war on terrorism pursuant to section 

24 3(c)(2) of H. Res. 5 (112th Congress) and as an emer25 gency requirement pursuant to section 403(a) of S. Con. 
137 

•HR 1 EH

1 Res. 13 (111th Congress), the concurrent resolution on 

2 the budget for fiscal year 2010. 

3 PROCUREMENT, MARINE CORPS

4 For an additional amount for ‘‘Procurement, Marine 

5 Corps’’, $1,589,119,000, to remain available until Sep6 tember 30, 2013: Provided, That each amount in this 

7 paragraph is designated as being for contingency oper8 ations directly related to the global war on terrorism pur9 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

10 and as an emergency requirement pursuant to section 

11 403(a) of S. Con. Res. 13 (111th Congress), the concur12 rent resolution on the budget for fiscal year 2010. 

13 AIRCRAFT PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Aircraft Procurement, 

15 Air Force’’, $1,991,955,000, to remain available until 

16 September 30, 2013: Provided, That each amount in this 

17 paragraph is designated as being for contingency oper18 ations directly related to the global war on terrorism pur19 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

20 and as an emergency requirement pursuant to section 

21 403(a) of S. Con. Res. 13 (111th Congress), the concur22 rent resolution on the budget for fiscal year 2010. 

23 MISSILE PROCUREMENT, AIR FORCE

24 For an additional amount for ‘‘Missile Procurement, 

25 Air Force’’, $56,621,000, to remain available until Sep-
138 

•HR 1 EH

1 tember 30, 2013: Provided, That each amount in this 

2 paragraph is designated as being for contingency oper3 ations directly related to the global war on terrorism pur4 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

5 and as an emergency requirement pursuant to section 

6 403(a) of S. Con. Res. 13 (111th Congress), the concur7 rent resolution on the budget for fiscal year 2010. 

8 PROCUREMENT OF AMMUNITION, AIR FORCE

9 For an additional amount for ‘‘Procurement of Am10 munition, Air Force’’, $292,959,000, to remain available 

11 until September 30, 2013: Provided, That each amount 

12 in this paragraph is designated as being for contingency 

13 operations directly related to the global war on terrorism 

14 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

15 and as an emergency requirement pursuant to section 

16 403(a) of S. Con. Res. 13 (111th Congress), the concur17 rent resolution on the budget for fiscal year 2010. 

18 OTHER PROCUREMENT, AIR FORCE

19 For an additional amount for ‘‘Other Procurement, 

20 Air Force’’, $2,868,593,000, to remain available until 

21 September 30, 2013: Provided, That each amount in this 

22 paragraph is designated as being for contingency oper23 ations directly related to the global war on terrorism pur24 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

25 and as an emergency requirement pursuant to section 
139 

•HR 1 EH

1 403(a) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 PROCUREMENT, DEFENSE-WIDE

4 For an additional amount for ‘‘Procurement, De5 fense-Wide’’, $1,262,499,000, to remain available until 

6 September 30, 2013: Provided, That each amount in this 

7 paragraph is designated as being for contingency oper8 ations directly related to the global war on terrorism pur9 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

10 and as an emergency requirement pursuant to section 

11 403(a) of S. Con. Res. 13 (111th Congress), the concur12 rent resolution on the budget for fiscal year 2010. 

13 NATIONAL GUARD AND RESERVE EQUIPMENT

14 For procurement of aircraft, missiles, tracked combat 

15 vehicles, ammunition, other weapons and other procure16 ment for the reserve components of the Armed Forces, 

17 $850,000,000, to remain available for obligation until Sep18 tember 30, 2013, of which $250,000,000 shall be available 

19 only for the Army National Guard: Provided, That the 

20 Chiefs of National Guard and Reserve components shall, 

21 not later than 30 days after the enactment of this Act, 

22 individually submit to the congressional defense commit23 tees the modernization priority assessment for their re24 spective National Guard or Reserve component: Provided 

25 further, That each amount in this paragraph is designated 
140 

•HR 1 EH

1 as being for contingency operations directly related to the 

2 global war on terrorism pursuant to section 3(c)(2) of H. 

3 Res. 5 (112th Congress) and as an emergency requirement 

4 pursuant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Mine Resistant Ambush Protected Vehicle 

10 Fund, $3,415,000,000, to remain available until Sep11 tember 30, 2012: Provided, That such funds shall be avail12 able to the Secretary of Defense, notwithstanding any 

13 other provision of law, to procure, sustain, transport, and 

14 field Mine Resistant Ambush Protected vehicles: Provided 

15 further, That the Secretary shall transfer such funds only 

16 to appropriations made available in this or any other Act 

17 for operation and maintenance; procurement; research, de18 velopment, test and evaluation; and defense working cap19 ital funds to accomplish the purpose provided herein: Pro20 vided further, That such transferred funds shall be merged 

21 with and be available for the same purposes and the same 

22 time period as the appropriation to which transferred: 

23 Provided further, That this transfer authority is in addi24 tion to any other transfer authority available to the De25 partment of Defense: Provided further, That the Secretary 
141 

•HR 1 EH

1 shall, not fewer than 10 days prior to making transfers 

2 from this appropriation, notify the congressional defense 

3 committees in writing of the details of any such transfer: 

4 Provided further, That each amount in this paragraph is 

5 designated as being for contingency operations directly re6 lated to the global war on terrorism pursuant to section 

7 3(c)(2) of H. Res. 5 (112th Congress) and as an emer8 gency requirement pursuant to section 403(a) of S. Con. 

9 Res. 13 (111th Congress), the concurrent resolution on 

10 the budget for fiscal year 2010. 

11 RESEARCH, DEVELOPMENT, TEST AND 

12 EVALUATION 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 ARMY

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Army’’, $143,234,000, to re17 main available until September 30, 2012: Provided, That 

18 each amount in this paragraph is designated as being for 

19 contingency operations directly related to the global war 

20 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

21 (112th Congress) and as an emergency requirement pur22 suant to section 403(a) of S. Con. Res. 13 (111th Con23 gress), the concurrent resolution on the budget for fiscal 

24 year 2010. 
142 

•HR 1 EH

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Navy’’, $104,781,000, to re5 main available until September 30, 2012: Provided, That 

6 each amount in this paragraph is designated as being for 

7 contingency operations directly related to the global war 

8 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

9 (112th Congress) and as an emergency requirement pur10 suant to section 403(a) of S. Con. Res. 13 (111th Con11 gress), the concurrent resolution on the budget for fiscal 

12 year 2010. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 AIR FORCE

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Air Force’’, $484,382,000, to 

17 remain available until September 30, 2012: Provided, 

18 That each amount in this paragraph is designated as 

19 being for contingency operations directly related to the 

20 global war on terrorism pursuant to section 3(c)(2) of H. 

21 Res. 5 (112th Congress) and as an emergency requirement 

22 pursuant to section 403(a) of S. Con. Res. 13 (111th Con23 gress), the concurrent resolution on the budget for fiscal 

24 year 2010. 
143 

•HR 1 EH

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’, 

5 $222,616,000, to remain available until September 30, 

6 2012: Provided, That each amount in this paragraph is 

7 designated as being for contingency operations directly re8 lated to the global war on terrorism pursuant to section 

9 3(c)(2) of H. Res. 5 (112th Congress) and as an emer10 gency requirement pursuant to section 403(a) of S. Con. 

11 Res. 13 (111th Congress), the concurrent resolution on 

12 the budget for fiscal year 2010. 

13 REVOLVING AND MANAGEMENT FUNDS 

14 DEFENSE WORKING CAPITAL FUNDS

15 For an additional amount for ‘‘Defense Working 

16 Capital Funds’’, $485,384,000: Provided, That each 

17 amount in this paragraph is designated as being for con18 tingency operations directly related to the global war on 

19 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

20 Congress) and as an emergency requirement pursuant to 

21 section 403(a) of S. Con. Res. 13 (111th Congress), the 

22 concurrent resolution on the budget for fiscal year 2010. 
144 

•HR 1 EH

1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $1,422,092,000, of which $1,398,092,000 shall be 

5 for operation and maintenance, to remain available until 

6 September 30, 2011, and of which $24,000,000 shall be 

7 for research, development, test and evaluation, to remain 

8 available until September 30, 2012: Provided, That each 

9 amount in this paragraph is designated as being for con10 tingency operations directly related to the global war on 

11 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

12 Congress) and as an emergency requirement pursuant to 

13 section 403(a) of S. Con. Res. 13 (111th Congress), the 

14 concurrent resolution on the budget for fiscal year 2010. 

15 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

16 DEFENSE

17 For an additional amount for ‘‘Drug Interdiction and 

18 Counter-Drug Activities, Defense’’, $440,510,000, to re19 main available until September 30, 2012: Provided, That 

20 each amount in this paragraph is designated as being for 

21 contingency operations directly related to the global war 

22 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

23 (112th Congress) and as an emergency requirement pur24 suant to section 403(a) of S. Con. Res. 13 (111th Con-
145 

•HR 1 EH

1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For the ‘‘Joint Improvised Explosive Device Defeat 

6 Fund’’, $2,793,768,000, to remain available until Sep7 tember 30, 2013: Provided, That such funds shall be avail8 able to the Secretary of Defense, notwithstanding any 

9 other provision of law, for the purpose of allowing the Di10 rector of the Joint Improvised Explosive Device Defeat 

11 Organization to investigate, develop and provide equip12 ment, supplies, services, training, facilities, personnel and 

13 funds to assist United States forces in the defeat of impro14 vised explosive devices: Provided further, That the Sec15 retary of Defense may transfer funds provided herein to 

16 appropriations for military personnel; operation and main17 tenance; procurement; research, development, test and 

18 evaluation; and defense working capital funds to accom19 plish the purpose provided herein: Provided further, That 

20 this transfer authority is in addition to any other transfer 

21 authority available to the Department of Defense: Pro22 vided further, That the Secretary of Defense shall, not 

23 fewer than 15 days prior to making transfers from this 

24 appropriation, notify the congressional defense committees 

25 in writing of the details of any such transfer: Provided 
146 

•HR 1 EH

1 further, That each amount in this paragraph is designated 

2 as being for contingency operations directly related to the 

3 global war on terrorism pursuant to section 3(c)(2) of H. 

4 Res. 5 (112th Congress) and as an emergency requirement 

5 pursuant to section 403(a) of S. Con. Res. 13 (111th Con6 gress), the concurrent resolution on the budget for fiscal 

7 year 2010. 

8 OFFICE OF THE INSPECTOR GENERAL

9 For an additional amount for the ‘‘Office of the In10 spector General’’, $10,529,000: Provided, That each 

11 amount in this paragraph is designated as being for con12 tingency operations directly related to the global war on 

13 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

14 Congress) and as an emergency requirement pursuant to 

15 section 403(a) of S. Con. Res. 13 (111th Congress), the 

16 concurrent resolution on the budget for fiscal year 2010. 

17 GENERAL PROVISIONS—THIS TITLE 

18 SEC. 9001. Notwithstanding any other provision of 

19 law, funds made available in this title are in addition to 

20 amounts appropriated or otherwise made available for the 

21 Department of Defense for fiscal year 2011. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 9002. Upon the determination of the Secretary 

24 of Defense that such action is necessary in the national 

25 interest, the Secretary may, with the approval of the Of-
147 

•HR 1 EH

1 fice of Management and Budget, transfer up to 

2 $4,000,000,000 between the appropriations or funds made 

3 available to the Department of Defense in this title: Pro4 vided, That the Secretary shall notify the Congress 

5 promptly of each transfer made pursuant to the authority 

6 in this section: Provided further, That the authority pro7 vided in this section is in addition to any other transfer 

8 authority available to the Department of Defense and is 

9 subject to the same terms and conditions as the authority 

10 provided in the Department of Defense Appropriations 

11 Act, 2011. 

12 SEC. 9003. Supervision and administration costs as13 sociated with a construction project funded with appro14 priations available for operation and maintenance or the 

15 ‘‘Afghanistan Security Forces Fund’’ provided in this Act 

16 and executed in direct support of overseas contingency op17 erations in Afghanistan, may be obligated at the time a 

18 construction contract is awarded: Provided, That for the 

19 purpose of this section, supervision and administration 

20 costs include all in-house Government costs. 

21 SEC. 9004. From funds made available in this title, 

22 the Secretary of Defense may purchase for use by military 

23 and civilian employees of the Department of Defense in 

24 Iraq and Afghanistan: (a) passenger motor vehicles up to 

25 a limit of $75,000 per vehicle; and (b) heavy and light 
148 

•HR 1 EH

1 armored vehicles for the physical security of personnel or 

2 for force protection purposes up to a limit of $250,000 

3 per vehicle, notwithstanding price or other limitations ap4 plicable to the purchase of passenger carrying vehicles. 

5 SEC. 9005. Not to exceed $500,000,000 of the 

6 amount appropriated in this title under the heading ‘‘Op7 eration and Maintenance, Army’’ may be used, notwith8 standing any other provision of law, to fund the Com9 mander’s Emergency Response Program (CERP), for the 

10 purpose of enabling military commanders in Iraq and Af11 ghanistan to respond to urgent, small scale, humanitarian 

12 relief and reconstruction requirements within their areas 

13 of responsibility: Provided, That projects (including any 

14 ancillary or related elements in connection with such 

15 project) executed under this authority shall not exceed 

16 $20,000,000: Provided further, That not later than 45 

17 days after the end of each fiscal year quarter, the Sec18 retary of Defense shall submit to the congressional defense 

19 committees a report regarding the source of funds and the 

20 allocation and use of funds during that quarter that were 

21 made available pursuant to the authority provided in this 

22 section or under any other provision of law for the pur23 poses described herein: Provided further, That, not later 

24 than 30 days after the end of each month, the Army shall 

25 submit to the congressional defense committees monthly 
149 

•HR 1 EH

1 commitment, obligation, and expenditure data for the 

2 Commander’s Emergency Response Program in Iraq and 

3 Afghanistan: Provided further, That not less than 15 days 

4 before making funds available pursuant to the authority 

5 provided in this section or under any other provision of 

6 law for the purposes described herein for a project with 

7 a total anticipated cost for completion of $5,000,000 or 

8 more, the Secretary shall submit to the congressional de9 fense committees a written notice containing each of the 

10 following: 

11 (1) The location, nature and purpose of the 

12 proposed project, including how the project is in13 tended to advance the military campaign plan for 

14 the country in which it is to be carried out. 

15 (2) The budget, implementation timeline with 

16 milestones, and completion date for the proposed 

17 project, including any other CERP funding that has 

18 been or is anticipated to be contributed to the com19 pletion of the project. 

20 (3) A plan for the sustainment of the proposed 

21 project, including the agreement with either the host 

22 nation, a non-Department of Defense agency of the 

23 United States Government or a third party contrib24 utor to finance the sustainment of the activities and 
150 

•HR 1 EH

1 maintenance of any equipment or facilities to be pro2 vided through the proposed project. 

3 SEC. 9006. Funds available to the Department of De4 fense for operation and maintenance may be used, not5 withstanding any other provision of law, to provide sup6 plies, services, transportation, including airlift and sealift, 

7 and other logistical support to coalition forces supporting 

8 military and stability operations in Iraq and Afghanistan: 

9 Provided, That the Secretary of Defense shall provide 

10 quarterly reports to the congressional defense committees 

11 regarding support provided under this section. 

12 SEC. 9007. None of the funds appropriated or other13 wise made available by this or any other Act shall be obli14 gated or expended by the United States Government for 

15 a purpose as follows: 

16 (1) To establish any military installation or 

17 base for the purpose of providing for the permanent 

18 stationing of United States Armed Forces in Iraq. 

19 (2) To exercise United States control over any 

20 oil resource of Iraq. 

21 (3) To establish any military installation or 

22 base for the purpose of providing for the permanent 

23 stationing of United States Armed Forces in Af24 ghanistan. 
151 

•HR 1 EH

1 SEC. 9008. None of the funds made available in this 

2 Act may be used in contravention of the following laws 

3 enacted or regulations promulgated to implement the 

4 United Nations Convention Against Torture and Other 

5 Cruel, Inhuman or Degrading Treatment or Punishment 

6 (done at New York on December 10, 1984): 

7 (1) Section 2340A of title 18, United States 

8 Code. 

9 (2) Section 2242 of the Foreign Affairs Reform 

10 and Restructuring Act of 1998 (division G of Public 

11 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

12 note) and regulations prescribed thereto, including 

13 regulations under part 208 of title 8, Code of Fed14 eral Regulations, and part 95 of title 22, Code of 

15 Federal Regulations. 

16 (3) Sections 1002 and 1003 of the Department 

17 of Defense, Emergency Supplemental Appropriations 

18 to Address Hurricanes in the Gulf of Mexico, and 

19 Pandemic Influenza Act, 2006 (Public Law 109– 

20 148). 

21 SEC. 9009. (a) The Secretary of Defense shall submit 

22 to the congressional defense committees not later than 45 

23 days after the end of each fiscal quarter a report on the 

24 proposed use of all funds appropriated by this or any prior 

25 Act under each of the headings Iraq Security Forces 
152 

•HR 1 EH

1 Fund, Afghanistan Security Forces Fund, Afghanistan In2 frastructure Fund, and Pakistan Counterinsurgency Fund 

3 on a project-by-project basis, for which the obligation of 

4 funds is anticipated during the 3-month period from such 

5 date, including estimates for the accounts referred to in 

6 this section of the costs required to complete each such 

7 project. 

8 (b) The report required by this subsection shall in9 clude the following: 

10 (1) The use of all funds on a project-by-project 

11 basis for which funds appropriated under the head12 ings referred to in subsection (a) were obligated 

13 prior to the submission of the report, including esti14 mates for the accounts referred to in subsection (a) 

15 of the costs to complete each project. 

16 (2) The use of all funds on a project-by-project 

17 basis for which funds were appropriated under the 

18 headings referred to in subsection (a) in prior appro19 priations Acts, or for which funds were made avail20 able by transfer, reprogramming, or allocation from 

21 other headings in prior appropriations Acts, includ22 ing estimates for the accounts referred to in sub23 section (a) of the costs to complete each project. 

24 (3) An estimated total cost to train and equip 

25 the Iraq, Afghanistan, and Pakistan security forces, 
153 

•HR 1 EH

1 disaggregated by major program and sub-elements 

2 by force, arrayed by fiscal year. 

3 SEC. 9010. Funds made available in this title to the 

4 Department of Defense for operation and maintenance 

5 may be used to purchase items having an investment unit 

6 cost of not more than $250,000: Provided, That, upon de7 termination by the Secretary of Defense that such action 

8 is necessary to meet the operational requirements of a 

9 Commander of a Combatant Command engaged in contin10 gency operations overseas, such funds may be used to pur11 chase items having an investment item unit cost of not 

12 more than $500,000. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 9011. Of the funds appropriated by this Act for 

15 the Office of the Director of National Intelligence, 

16 $3,375,000 is available, as specified in the classified 

17 annex, for transfer to other departments and agencies of 

18 the Federal Government. 

19 SEC. 9012. (a) The Task Force for Business and Sta20 bility Operations in Afghanistan may, subject to the direc21 tion and control of the Secretary of Defense and with the 

22 concurrence of the Secretary of State, carry out projects 

23 in fiscal year 2011 to assist the commander of the United 

24 States Central Command in developing a link between 

25 United States military operations in Afghanistan under 
154 

•HR 1 EH

1 Operation Enduring Freedom and the economic elements 

2 of United States national power in order to reduce vio3 lence, enhance stability, and restore economic normalcy in 

4 Afghanistan through strategic business and economic op5 portunities. 

6 (b) The projects carried out under paragraph (a) may 

7 include projects that facilitate private investment, indus8 trial development, banking and financial system develop9 ment, agricultural diversification and revitalization, and 

10 energy development in and with respect to Afghanistan. 

11 (c) The Secretary may use up to $150,000,000 of the 

12 funds available for overseas contingency operations in 

13 ‘‘Operation and Maintenance, Army’’ for additional activi14 ties to carry out projects under paragraph (a). 

15 SEC. 9013. (a) Not more than 85 percent of the 

16 funds provided in this title for Operation and Maintenance 

17 may be available for obligation or expenditure until the 

18 date on which the Secretary of Defense submits the report 

19 under subsection (b). 

20 (b) Not later than 120 days after the date of the en21 actment of this Act, the Secretary of Defense shall submit 

22 to the congressional defense committees a report on con23 tractor employees in the United States Central Command, 

24 including— 
155 

•HR 1 EH

1 (1) the number of employees of a contractor 

2 awarded a contract by the Department of Defense 

3 (including subcontractor employees) who are em4 ployed at the time of the report in the area of oper5 ations of the United States Central Command, in6 cluding a list of the number of such employees in 

7 each of Iraq, Afghanistan, and all other areas of op8 erations of the United States Central Command; and 

9 (2) for each fiscal year quarter beginning on 

10 the date of the report and ending on September 30, 

11 2012— 

12 (A) the number of such employees planned 

13 by the Secretary to be employed during each 

14 such period in each of Iraq, Afghanistan, and 

15 all other areas of operations of the United 

16 States Central Command; and 

17 (B) an explanation of how the number of 

18 such employees listed under subparagraph (A) 

19 relates to the planned number of military per20 sonnel in such locations. 

21 This division may be cited as the ‘‘Department of De22 fense Appropriations Act, 2011’’. 
156 

•HR 1 EH

1 DIVISION B—FULL-YEAR CONTINUING 

2 APPROPRIATIONS FOR FISCAL YEAR 2011 

3 The following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 and out of applicable corporate or other revenues, receipts, 

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for 

8 fiscal year 2011, and for other purposes, namely: 

9 TITLE I—GENERAL PROVISIONS 

10 SEC. 1101. (a) Such amounts as may be necessary, 

11 at the level specified in subsection (c) and under the au12 thority and conditions provided in applicable appropria13 tions Acts for fiscal year 2010, for projects or activities 

14 (including the costs of direct loans and loan guarantees) 

15 that are not otherwise specifically provided for, and for 

16 which appropriations, funds, or other authority were made 

17 available in the following appropriations Acts: 

18 (1) The Agriculture, Rural Development, Food 

19 and Drug Administration, and Related Agencies Ap20 propriations Act, 2010 (Public Law 111–80). 

21 (2) The Energy and Water Development and 

22 Related Agencies Appropriations Act, 2010 (Public 

23 Law 111–85). 

24 (3) The Department of Homeland Security Ap25 propriations Act, 2010 (Public Law 111–83). 
157 

•HR 1 EH

1 (4) The Department of the Interior, Environ2 ment, and Related Agencies Appropriations Act, 

3 2010 (division A of Public Law 111–88). 

4 (5) The Legislative Branch Appropriations Act, 

5 2010 (division A of Public Law 111–68). 

6 (6) The Consolidated Appropriations Act, 2010 

7 (Public Law 111–117). 

8 (7) Section 102(c) (except the last proviso re9 lating to waiver of fees) of chapter 1 of title I of the 

10 Supplemental Appropriations Act, 2010 (Public Law 

11 111–212) that addresses guaranteed loans in the 

12 rural housing insurance fund. 

13 (8) The appropriation under the heading ‘‘De14 partment of Commerce—United States Patent and 

15 Trademark Office’’ in the United States Patent and 

16 Trademark Office Supplemental Appropriations Act, 

17 2010 (Public Law 111–224). 

18 (b) For purposes of this division, the term ‘‘level’’ 

19 means an amount. 

20 (c) The level referred to in subsection (a) shall be 

21 the amounts appropriated in the appropriations Acts re22 ferred to in such subsection, including transfers and obli23 gation limitations, except that— 

24 (1) such level shall not include any amount pre25 viously designated as an emergency requirement and 
158 

•HR 1 EH

1 necessary to meet emergency needs pursuant to sec2 tions 403(a) and 423(b) of S. Con. Res. 13 (111th 

3 Congress), the concurrent resolution on the budget 

4 for fiscal year 2010; and 

5 (2) such level shall be calculated without regard 

6 to any rescission or cancellation of funds or contract 

7 authority. 

8 SEC. 1102. Appropriations made by section 1101 

9 shall be available to the extent and in the manner that 

10 would be provided by the pertinent appropriations Act. 

11 SEC. 1103. Appropriations provided by this division 

12 that, in the applicable appropriations Act for fiscal year 

13 2010, carried a multiple-year or no-year period of avail14 ability shall retain a comparable period of availability. 

15 SEC. 1104. Except as otherwise expressly provided in 

16 this division, the requirements, authorities, conditions, 

17 limitations, and other provisions of the appropriations 

18 Acts referred to in section 1101(a) shall continue in effect 

19 through the date specified in section 1106. 

20 SEC. 1105. No appropriation or funds made available 

21 or authority granted pursuant to section 1101 shall be 

22 used to initiate or resume any project or activity for which 

23 appropriations, funds, or other authority were specifically 

24 prohibited during fiscal year 2010. 
159 

•HR 1 EH

1 SEC. 1106. Unless otherwise provided for in this divi2 sion or in the applicable appropriations Act, appropria3 tions and funds made available and authority granted pur4 suant to this division shall be available through September 

5 30, 2011. 

6 SEC. 1107. Expenditures made pursuant to the Con7 tinuing Appropriations Act, 2011 (Public Law 111–242), 

8 shall be charged to the applicable appropriation, fund, or 

9 authorization provided by this division. 

10 SEC. 1108. Funds appropriated by this division may 

11 be obligated and expended notwithstanding section 10 of 

12 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

13 State Department Basic Authorities Act of 1956 (22 

14 U.S.C. 2680), section 313 of the Foreign Relations Au15 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

16 6212), and section 504(a)(1) of the National Security Act 

17 of 1947 (50 U.S.C. 414(a)(1)). 

18 SEC. 1109. (a) For entitlements and other mandatory 

19 payments whose budget authority was provided in appro20 priations Acts for fiscal year 2010, and for activities under 

21 the Food and Nutrition Act of 2008, the levels established 

22 by section 1101 shall be the amounts necessary to main23 tain program levels under current law and under the au24 thority and conditions provided in the applicable appro25 priations Acts for fiscal year 2010. 
160 

•HR 1 EH

1 (b) In addition to the amounts otherwise provided by 

2 section 1101, the following amounts shall be available for 

3 the following accounts for advance payments for the first 

4 quarter of fiscal year 2012: 

5 (1) ‘‘Department of Labor, Employment Stand6 ards Administration, Special Benefits for Disabled 

7 Coal Miners’’, for benefit payments under title IV of 

8 the Federal Mine Safety and Health Act of 1977, 

9 $41,000,000, to remain available until expended. 

10 (2) ‘‘Department of Health and Human Serv11 ices, Centers for Medicare and Medicaid Services, 

12 Grants to States for Medicaid’’, for payments to 

13 States or in the case of section 1928 on behalf of 

14 States under title XIX of the Social Security Act, 

15 $86,445,289,000, to remain available until ex16 pended. 

17 (3) ‘‘Department of Health and Human Serv18 ices, Administration for Children and Families, Pay19 ments to States for Child Support Enforcement and 

20 Family Support Programs’’, for payments to States 

21 or other non-Federal entities under titles I, IV–D, 

22 X, XI, XIV, and XVI of the Social Security Act and 

23 the Act of July 5, 1960 (24 U.S.C. ch. 9), 

24 $1,200,000,000, to remain available until expended. 
161 

•HR 1 EH

1 (4) ‘‘Department of Health and Human Serv2 ices, Administration for Children and Families, Pay3 ments to States for Foster Care and Permanency’’, 

4 for payments to States or other non-Federal entities 

5 under title IV–E of the Social Security Act, 

6 $1,850,000,000. 

7 (5) ‘‘Social Security Administration, Supple8 mental Security Income Program’’, for benefit pay9 ments under title XVI of the Social Security Act, 

10 $13,400,000,000, to remain available until ex11 pended. 

12 SEC. 1110. Amounts incorporated by reference in this 

13 division that were previously designated as available for 

14 overseas deployments and other activities pursuant to S. 

15 Con. Res. 13 (111th Congress), the concurrent resolution 

16 on the budget for fiscal year 2010, are designated as being 

17 for contingency operations directly related to the global 

18 war on terrorism pursuant to section 3(c)(2) of H. Res. 

19 5 (112th Congress) and as an emergency requirement pur20 suant to section 403(a) of S. Con. Res. 13 (111th Con21 gress). 

22 SEC. 1111. Any language specifying an earmark in 

23 an appropriations Act for fiscal year 2010, or in a com24 mittee report or joint explanatory statement accom25 panying such an Act, shall have no legal effect with re-
162 

•HR 1 EH

1 spect to funds appropriated by this division. For purposes 

2 of this section, the term ‘‘earmark’’ means a congressional 

3 earmark or congressionally directed spending item, as de4 fined in clause 9(e) of rule XXI of the Rules of the House 

5 of Representatives and paragraph 5(a) of rule XLIV of 

6 the Standing Rules of the Senate. 

7 SEC. 1112. Notwithstanding section 1101, none of 

8 the funds appropriated or otherwise made available in this 

9 division or any other Act (including division A of this Act) 

10 may be used to transfer, release, or assist in the transfer 

11 or release to or within the United States, its territories, 

12 or possessions Khalid Sheikh Mohammed or any other de13 tainee who— 

14 (1) is not a United States citizen or a member 

15 of the Armed Forces of the United States; and 

16 (2) is or was held on or after June 24, 2009, 

17 at the United States Naval Station, Guantanamo 

18 Bay, Cuba, by the Department of Defense. 

19 SEC. 1113. (a)(1) Notwithstanding section 1101, ex20 cept as provided in paragraph (2), none of the funds ap21 propriated or otherwise made available in this division or 

22 any other Act (including division A of this Act) may be 

23 used to transfer any individual detained at Guantanamo 

24 to the custody or effective control of the individual’s coun25 try of origin, any other foreign country, or any other for-
163 

•HR 1 EH

1 eign entity unless the Secretary of Defense submits to 

2 Congress the certification described in subsection (b) by 

3 not later than 30 days before the transfer of the indi4 vidual. 

5 (2) Paragraph (1) shall not apply to any action taken 

6 by the Secretary of Defense to transfer any individual de7 tained at Guantanamo to effectuate an order affecting the 

8 disposition of the individual that is issued by a court or 

9 competent tribunal of the United States having lawful ju10 risdiction. The Secretary of Defense shall notify Congress 

11 promptly upon issuance of any such order. 

12 (b) The certification described in this subsection is 

13 a written certification made by the Secretary of Defense, 

14 with the concurrence of the Secretary of State, that the 

15 government of the foreign country or the recognized lead16 ership of the foreign entity to which the individual de17 tained at Guantanamo is to be transferred— 

18 (1) is not a designated state sponsor of ter19 rorism or a designated foreign terrorist organization; 

20 (2) maintains effective control over each deten21 tion facility in which an individual is to be detained 

22 if the individual is to be housed in a detention facil23 ity; 
164 

•HR 1 EH

1 (3) is not, as of the date of the certification, 

2 facing a threat that is likely to substantially affect 

3 its ability to exercise control over the individual; 

4 (4) has agreed to take effective steps to ensure 

5 that the individual cannot take action to threaten 

6 the United States, its citizens, or its allies in the fu7 ture; 

8 (5) has taken such steps as the Secretary deter9 mines are necessary to ensure that the individual 

10 cannot engage or re-engage in any terrorist activity; 

11 and 

12 (6) has agreed to share any information with 

13 the United States that— 

14 (A) is related to the individual or any asso15 ciates of the individual; and 

16 (B) could affect the security of the United 

17 States, its citizens, or its allies. 

18 (c)(1) Except as provided in paragraph (3), none of 

19 the funds appropriated or otherwise made available in this 

20 division or any other Act (including division A of this Act) 

21 may be used to transfer any individual detained at Guan22 tanamo to the custody or effective control of the individ23 ual’s country of origin, any other foreign country, or any 

24 other foreign entity if there is a confirmed case of any 

25 individual who was detained at United States Naval Sta-
165 

•HR 1 EH

1 tion, Guantanamo Bay, Cuba, at any time after September 

2 11, 2001, who was transferred to the foreign country or 

3 entity and subsequently engaged in any terrorist activity. 

4 (2) The Secretary of Defense may waive the prohibi5 tion in paragraph (1) if the Secretary determines that 

6 such a transfer is in the national security interests of the 

7 United States and includes, as part of the certification de8 scribed in subsection (b) relating to such transfer, the de9 termination of the Secretary under this paragraph. 

10 (3) Paragraph (1) shall not apply to any action taken 

11 by the Secretary to transfer any individual detained at 

12 Guantanamo to effectuate an order affecting the disposi13 tion of the individual that is issued by a court or com14 petent tribunal of the United States having lawful jurisdic15 tion. The Secretary shall notify Congress promptly upon 

16 issuance of any such order. 

17 (d) For the purposes of this section: 

18 (1) The term ‘‘individual detained at Guanta19 namo’’ means any individual who is located at 

20 United States Naval Station, Guantanamo Bay, 

21 Cuba, as of October 1, 2009, who— 

22 (A) is not a citizen of the United States or 

23 a member of the Armed Forces of the United 

24 States; and 

25 (B) is— 
166 

•HR 1 EH

1 (i) in the custody or under the effec2 tive control of the Department of Defense; 

3 or 

4 (ii) otherwise under detention at 

5 United States Naval Station, Guantanamo 

6 Bay, Cuba. 

7 (2) The term ‘‘foreign terrorist organization’’ 

8 means any organization so designated by the Sec9 retary of State under section 219 of the Immigra10 tion and Nationality Act (8 U.S.C. 1189). 

11 SEC. 1114. (a) Notwithstanding section 1101, none 

12 of the funds appropriated or otherwise made available by 

13 this division or any other Act (including division A of this 

14 Act) may be used to construct or modify any facility in 

15 the United States, its territories, or possessions to house 

16 any individual described in subsection (c) for the purposes 

17 of detention or imprisonment in the custody or under the 

18 effective control of the Department of Defense. 

19 (b) The prohibition in subsection (a) shall not apply 

20 to any modification of facilities at United States Naval 

21 Station, Guantanamo Bay, Cuba. 

22 (c) An individual described in this subsection is any 

23 individual who, as of June 24, 2009, is located at United 

24 States Naval Station, Guantanamo Bay, Cuba, and who— 
167 

•HR 1 EH

1 (1) is not a citizen of the United States or a 

2 member of the Armed Forces of the United States; 

3 and 

4 (2) is— 

5 (A) in the custody or under the effective 

6 control of the Department of Defense; or 

7 (B) otherwise under detention at United 

8 States Naval Station, Guantanamo Bay, Cuba. 

9 SEC. 1115. None of the funds appropriated or other10 wise made available by this division or any other Act (in11 cluding division A of this Act) may be obligated by any 

12 covered executive agency in contravention of the certifi13 cation requirement of section 6(b) of the Iran Sanctions 

14 Act of 1996, as included in the revisions to the Federal 

15 Acquisition Regulation pursuant to such section. 

16 SEC. 1116. Section 550(b) of Public Law 109–295, 

17 as amended by section 550 of Public Law 111–83, shall 

18 be applied by substituting the date specified in section 

19 1106 of this division for ‘‘October 4, 2010’’. 

20 SEC. 1117. Section 1(b)(2) of the Passport Act of 

21 June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by 

22 substituting the date specified in section 1106 of this divi23 sion for ‘‘September 30, 2010’’. 
168 

•HR 1 EH

1 SEC. 1118. (a) Section 1115(d) of Public Law 111– 

2 32 shall be applied by substituting the date specified in 

3 section 1106 of this division for ‘‘October 1, 2010’’. 

4 (b) Section 824(g) of the Foreign Service Act of 1980 

5 (22 U.S.C. 4064(g)) shall be applied by substituting the 

6 date specified in section 1106 of this division for ‘‘October 

7 1, 2010’’ in paragraph (2). 

8 (c) Section 61(a) of the State Department Basic Au9 thorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied 

10 by substituting the date specified in section 1106 of this 

11 division for ‘‘October 1, 2010’’ in paragraph (2). 

12 (d) Section 625(j)(1) of the Foreign Assistance Act 

13 of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by sub14 stituting the date specified in section 1106 of this division 

15 for ‘‘October 1, 2010’’ in subparagraph (B). 

16 SEC. 1119. The authority provided by section 1334 

17 of the Foreign Affairs Reform and Restructuring Act of 

18 1998 (22 U.S.C. 6553) shall remain in effect through the 

19 date specified in section 1106 of this division. 

20 SEC. 1120. The provisions of title II of the McKin21 ney-Vento Homeless Assistance Act (42 U.S.C. 11311 et 

22 seq.) shall continue in effect, notwithstanding section 209 

23 of such Act, through the earlier of: (1) the date specified 

24 in section 1106 of this division; or (2) the date of the en-
169 

•HR 1 EH

1 actment into law of an authorization Act relating to the 

2 McKinney-Vento Homeless Assistance Act. 

3 TITLE II—AGRICULTURE, RURAL DEVELOP4 MENT, FOOD AND DRUG ADMINISTRATION, 

5 AND RELATED AGENCIES 

6 SEC. 1201. Notwithstanding section 1101, the level 

7 for ‘‘Agricultural Programs, Office of the Secretary’’ shall 

8 be $5,061,000. 

9 SEC. 1202. Notwithstanding section 1101, the level 

10 for ‘‘Agricultural Programs, Office of Tribal Relations’’ 

11 shall be $0. 

12 SEC. 1203. Notwithstanding section 1101, the level 

13 for ‘‘Agricultural Programs, Executive Operations, Office 

14 of Chief Economist’’ shall be $10,032,000. 

15 SEC. 1204. Notwithstanding section 1101, the level 

16 for ‘‘Agricultural Programs, Executive Operations, Na17 tional Appeals Division’’ shall be $14,711,000. 

18 SEC. 1205. Notwithstanding section 1101, the level 

19 for ‘‘Agricultural Programs, Executive Operations, Office 

20 of Budget and Program Analysis’’ shall be $9,054,000. 

21 SEC. 1206. Notwithstanding section 1101, the level 

22 for ‘‘Agricultural Programs, Office of Advocacy and Out23 reach’’ shall be $0. 
170 

•HR 1 EH

1 SEC. 1207. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Office of the Chief Informa3 tion Officer’’ shall be $17,000,000. 

4 SEC. 1208. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Office of the Chief Financial 

6 Officer’’ shall be $5,954,000. 

7 SEC. 1209. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Office of Civil Rights’’ shall 

9 be $21,551,000. 

10 SEC. 1210. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Agriculture Buildings and 

12 Facilities and Rental Payments’’ shall be $259,751,000, 

13 of which $178,470,000 shall be available for payments to 

14 the General Services Administration for rent and of which 

15 $37,781,000 shall be for buildings operations and mainte16 nance expenses. 

17 SEC. 1211. Notwithstanding section 1101, the level 

18 for ‘‘Agricultural Programs, Hazardous Materials Man19 agement’’ shall be $0. 

20 SEC. 1212. Notwithstanding section 1101, the level 

21 for ‘‘Agricultural Programs, Departmental Administra22 tion’’ shall be $30,706,000. 

23 SEC. 1213. Notwithstanding section 1101, the level 

24 for ‘‘Agricultural Programs, Office of the Assistant Sec25 retary for Congressional Relations’’ shall be $3,877,000. 
171 

•HR 1 EH

1 SEC. 1214. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Office of Communications’’ 

3 shall be $9,514,000. 

4 SEC. 1215. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Office of the Inspector Gen6 eral’’ shall be $80,000,000. 

7 SEC. 1216. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Office of the General Coun9 sel’’ shall be $39,620,000. 

10 SEC. 1217. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Economic Research Service’’ 

12 shall be $79,500,000. 

13 SEC. 1218. Notwithstanding section 1101, the level 

14 for ‘‘Agricultural Programs, National Agricultural Statis15 tics Service’’ shall be $151,565,000: Provided, That the 

16 amounts included under such heading in Public Law 111– 

17 80 shall be applied to funds appropriated by this division 

18 by substituting ‘‘$33,494,000’’ for ‘‘$37,908,000’’. 

19 SEC. 1219. Notwithstanding section 1101, the level 

20 for ‘‘Agricultural Programs, Agricultural Research Serv21 ice, Salaries and Expenses’’ shall be $1,065,406,000. 

22 SEC. 1220. Notwithstanding section 1101, the level 

23 for ‘‘Agricultural Programs, Agricultural Research Serv24 ice, Buildings and Facilities’’ shall be $0. 
172 

•HR 1 EH

1 SEC. 1221. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, National Institute of Food 

3 and Agriculture, Research and Education Activities’’ shall 

4 be $647,993,000: Provided, That the amounts included 

5 under such heading in Public Law 111–80 shall be applied 

6 to funds appropriated by this division as follows: by sub7 stituting ‘‘$221,763,000’’ for ‘‘$215,000,000’’; by sub8 stituting ‘‘$34,816,000’’ for ‘‘$29,000,000’’; by sub9 stituting ‘‘$51,000,000’’ for ‘‘$48,500,000’’; by sub10 stituting ‘‘$227,801,000’’ for ‘‘$216,482,000’’; by sub11 stituting ‘‘$0’’ for ‘‘$89,029,000’’; by substituting 

12 ‘‘$20,500,000’’ for ‘‘$18,250,000’’; and by substituting 

13 ‘‘$11,253,000’’ for ‘‘$45,122,000’’. 

14 SEC. 1222. Notwithstanding section 1101, the level 

15 for ‘‘Agricultural Programs, National Institute of Food 

16 and Agriculture, Extension Activities’’ shall be 

17 $453,265,000: Provided, That the amounts included under 

18 such heading in Public Law 111–80 shall be applied to 

19 funds appropriated by this division as follows: by sub20 stituting ‘‘$267,673,000’’ for ‘‘$297,500,000’’ and by sub21 stituting ‘‘$8,565,000’’ for ‘‘$20,396,000’’. 

22 SEC. 1223. Notwithstanding section 1101, the level 

23 for ‘‘Agricultural Programs, National Institute of Food 

24 and Agriculture, Integrated Activities’’ shall be 

25 $24,874,000: Provided, That the amounts included under 
173 

•HR 1 EH

1 such heading in Public Law 111–80 shall be applied to 

2 funds appropriated by this division as follows: by sub3 stituting ‘‘$15,044,000’’ for ‘‘$45,148,000’’; by sub4 stituting ‘‘$10,948,000’’ for ‘‘$12,649,000’’; by sub5 stituting ‘‘$0’’ for ‘‘$14,596,000’’; by substituting ‘‘$0’’ 

6 for ‘‘$4,388,000’’; by substituting ‘‘$0’’ for ‘‘$1,365,000’’; 

7 by substituting ‘‘$0’’ for ‘‘$3,054,000’’; by substituting 

8 ‘‘$0’’ for ‘‘$5,000,000’’; by substituting ‘‘$0’’ for 

9 ‘‘$3,000,000’’; by substituting ‘‘$0’’ for ‘‘$732,000’’; and 

10 by substituting ‘‘$0’’ for ‘‘$1,312,000’’. 

11 SEC. 1224. Notwithstanding section 1101, the level 

12 for ‘‘Agricultural Programs, Animal and Plant Health In13 spection Service, Salaries and Expenses’’ shall be 

14 $829,953,000: Provided, That the amounts included under 

15 such heading in Public Law 111–80 shall be applied to 

16 funds appropriated by this division by substituting 

17 ‘‘$45,219,000’’ for ‘‘$60,243,000’’. 

18 SEC. 1225. Notwithstanding section 1101, the level 

19 for ‘‘Agricultural Programs, Agricultural Marketing Serv20 ice, Marketing Services’’ shall be $81,711,000. 

21 SEC. 1226. Notwithstanding section 1101, the level 

22 for ‘‘Agricultural Programs, Agricultural Marketing Serv23 ice, Limitation on Administrative Expenses’’ shall be 

24 $60,947,000 (from fees collected). 
174 

•HR 1 EH

1 SEC. 1227. The amounts included under the heading 

2 ‘‘Agricultural Programs, Agricultural Marketing Service, 

3 Funds for Strengthening Markets, Income, and Supply 

4 (Section 32)’’ in Public Law 111–80 shall be applied to 

5 funds appropriated by this division by substituting ‘‘$0’’ 

6 for ‘‘$10,000,000’’. 

7 SEC. 1228. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Grain Inspection, Packers 

9 and Stockyards Administration, Salaries and Expenses’’ 

10 shall be $40,342,000. 

11 SEC. 1229. Notwithstanding section 1101, the level 

12 for ‘‘Agricultural Programs, Grain Inspection, Packers 

13 and Stockyards Administration, Limitation on Inspection 

14 and Weighing Services Expenses’’, $45,041,000. 

15 SEC. 1230. Notwithstanding section 1101, the level 

16 for ‘‘Agricultural Programs, Food Safety and Inspection 

17 Service’’ shall be $930,120,000. 

18 SEC. 1231. Notwithstanding section 1101, the level 

19 for ‘‘Agricultural Programs, Farm Service Agency, Sala20 ries and Expenses’’ shall be $1,063,558,000. 

21 SEC. 1232. Notwithstanding section 1101, the level 

22 for ‘‘Agricultural Programs, Farm Service Agency, Grass23 roots Source Water Protection Program’’ shall be 

24 $4,630,000. 
175 

•HR 1 EH

1 SEC. 1233. The amounts included under the heading 

2 ‘‘Agricultural Programs, Farm Service Agency, Agricul3 tural Credit Insurance Fund Program Account’’ in Public 

4 Law 111–80 shall be applied to funds appropriated by this 

5 division as follows: by substituting ‘‘$1,975,000,000’’ for 

6 ‘‘$2,150,000,000’’; by substituting ‘‘$475,000,000’’ for 

7 ‘‘$650,000,000’’; by substituting ‘‘$2,544,035,000’’ for 

8 ‘‘$2,670,000,000’’, by substituting ‘‘$900,000,000’’ for 

9 ‘‘$1,000,000,000’’; by substituting ‘‘$144,035,000’’ for 

10 ‘‘$170,000,000’’; by substituting ‘‘$0’’ for ‘‘$3,940,000’’; 

11 by substituting ‘‘$110,602,000’’ for ‘‘$150,000,000’’; by 

12 substituting ‘‘$0’’ for ‘‘$75,000,000’’ the first and second 

13 place it appears; by substituting ‘‘$0’’ for ‘‘$10,000,000’’; 

14 by substituting ‘‘$38,570,000’’ for ‘‘$32,070,000’’; by 

15 substituting ‘‘$32,870,000’’ for ‘‘$26,520,000’’; by sub16 stituting ‘‘$109,410,000’’ for ‘‘$106,402,000’’; by sub17 stituting ‘‘$34,950,000’’ for ‘‘$35,100,000’’; by sub18 stituting ‘‘$19,920,000’’ for ‘‘$23,902,000’’; by sub19 stituting ‘‘$54,540,000’’ for ‘‘$47,400,000’’; by sub20 stituting ‘‘$0’’ for ‘‘$1,065,000’’; by substituting ‘‘$0’’ for 

21 ‘‘$278,000’’; by substituting ‘‘$0’’ for ‘‘$793,000’’; by 

22 substituting ‘‘$318,508,000’’ for ‘‘$321,093,000’’, and by 

23 substituting ‘‘$305,588,000’’ for ‘‘$313,173,000’’. Funds 

24 appropriated by this division to such heading for farm 

25 ownership, operating and conservation direct loans, and 
176 

•HR 1 EH

1 guaranteed loans may be transferred among these pro2 grams: Provided, That the Secretary of Agriculture shall 

3 notify the Committees on Appropriations of the House of 

4 Representatives and the Senate at least 15 days in ad5 vance of any transfer. 

6 SEC. 1234. Notwithstanding section 1101, the level 

7 for ‘‘Agricultural Programs, Risk Management Agency’’ 

8 shall be $77,177,000. 

9 SEC. 1235. Notwithstanding section 1101, the level 

10 for ‘‘Conservation Programs, Natural Resources Con11 servation Service, Conservation Operations’’ shall be 

12 $836,000,000. 

13 SEC. 1236. Notwithstanding section 1101, the level 

14 for ‘‘Conservation Programs, Natural Resources Con15 servation Service, Watershed and Flood Prevention Oper16 ations’’ shall be $0. 

17 SEC. 1237. Notwithstanding section 1101, the level 

18 for ‘‘Conservation Programs, Natural Resources Con19 servation Service, Watershed Rehabilitation Program’’ 

20 shall be $20,000,000. 

21 SEC. 1238. Notwithstanding section 1101, the level 

22 for ‘‘Conservation Programs, Natural Resources Con23 servation Service, Resource Conservation and Develop24 ment’’ shall be $0. 
177 

•HR 1 EH

1 SEC. 1239. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Development 

3 Salaries and Expenses’’ shall be $181,987,000. 

4 SEC. 1240. The amounts included under the heading 

5 ‘‘Rural Development Programs, Rural Housing Service, 

6 Rural Housing Insurance Fund Program Account’’ in 

7 Public Law 111–80 for gross obligations for the principal 

8 amount of direct and guaranteed loans as authorized by 

9 title V of the Housing Act of 1949 shall be applied to 

10 funds appropriated by this division by substituting 

11 ‘‘$34,004,000’’ for ‘‘$34,412,000’’ and by substituting, 

12 ‘‘$5,052,000’’ for ‘‘$5,045,000’’. 

13 SEC. 1241. Notwithstanding section 1101, the level 

14 for ‘‘Rural Development Programs, Rural Housing Serv15 ice, Rural Housing Insurance Fund Program Account’’ for 

16 the cost of direct and guaranteed loans, including the cost 

17 of modifying loans, authorized by section 502 of the Hous18 ing Act of 1949 shall be $70,200,000: Provided, That the 

19 amounts included for such costs under such heading in 

20 Public Law 111–80 shall be applied to funds appropriated 

21 by this division by substituting ‘‘$70,200,000’’ for 

22 ‘‘$40,710,000’’ in the case of direct loans and by sub23 stituting ‘‘$0’’ for ‘‘$172,800,000’’ in the case of unsub24 sidized guaranteed loans. 
178 

•HR 1 EH

1 SEC. 1242. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Housing Serv3 ice, Rural Housing Insurance Fund Program Account’’ for 

4 the cost of housing repair loans authorized by section 504 

5 of the Housing Act of 1949 shall be $6,437,000. 

6 SEC. 1243. Notwithstanding section 1101, the level 

7 for ‘‘Rural Development Programs, Rural Housing Serv8 ice, Rural Housing Insurance Fund Program Account’’ for 

9 the cost of repair, rehabilitation, and new construction of 

10 rental housing authorized by section 515 of the Housing 

11 Act of 1949 shall be $23,446,000. 

12 SEC. 1244. Notwithstanding section 1101, the level 

13 for ‘‘Rural Development Programs, Rural Housing Serv14 ice, Rural Housing Insurance Fund Program Account’’ for 

15 the cost of multi-family housing guaranteed loans author16 ized by section 538 of the Housing Act of 1949 shall be 

17 $12,513,000. 

18 SEC. 1245. In addition to amounts otherwise appro19 priated or made available by this division, there is appro20 priated to the Secretary of Agriculture $288,000 for sec21 tion 523 self-help housing land development loans author22 ized by section 523 of the Housing Act of 1949 and 

23 $294,000 for site development loans authorized by section 

24 524 of such Act. 
179 

•HR 1 EH

1 SEC. 1246. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Housing Serv3 ice, Rural Housing Insurance Fund Program Account’’ for 

4 administrative expenses necessary to carry out the direct 

5 and guaranteed loan programs shall be $454,383,000. 

6 SEC. 1247. Notwithstanding section 1101, the level 

7 for ‘‘Rural Development Programs, Rural Housing Serv8 ice, Rental Assistance Program’’ shall be $955,635,000: 

9 Provided, That the amounts included under such heading 

10 in Public Law 111–80 shall be applied to funds appro11 priated by this division by substituting ‘‘$0’’ for 

12 ‘‘$5,958,000’’; by substituting ‘‘$0’’ for ‘‘$50,000’’; and 

13 by substituting ‘‘$3,000,000’’ for ‘‘$3,400,000’’. 

14 SEC. 1248. Notwithstanding section 1101, the level 

15 for ‘‘Rural Development Programs, Rural Housing Serv16 ice, Multi-Family Housing Revitalization Program Ac17 count’’ shall be $16,400,000: Provided, That only the 

18 first, second, and fourth provisos under such heading in 

19 Public Law 111–80, relating to rural housing vouchers to 

20 low-income households, shall apply to funds appropriated 

21 by this division and the third, fifth, and subsequent pro22 visos under such heading shall not apply to funds appro23 priated by this division. 

24 SEC. 1249. Notwithstanding section 1101, the level 

25 for ‘‘Rural Development Programs, Rural Housing Serv-
180 

•HR 1 EH

1 ice, Mutual and Self-Help Housing Grants’’ shall be 

2 $37,000,000. 

3 SEC. 1250. Notwithstanding section 1101, the level 

4 for ‘‘Rural Development Programs, Rural Housing Serv5 ice, Rural Housing Assistance Grants’’ shall be 

6 $40,400,000. 

7 SEC. 1251. Notwithstanding section 1101, the level 

8 for ‘‘Rural Development Programs, Rural Housing Serv9 ice, Rural Community Facilities Program Account’’ shall 

10 be $32,450,000: Provided, That the amounts included 

11 under such heading in Public Law 111–80 shall be applied 

12 to funds appropriated by this division as follows: by sub13 stituting, ‘‘$0’’ for ‘‘$6,256,000’’; by substituting ‘‘$0’’ for 

14 ‘‘$13,902,000’’; and by substituting, ‘‘$0’’ for 

15 ‘‘$3,972,000’’. 

16 SEC. 1252. Notwithstanding section 1101, the level 

17 for ‘‘Rural Development Programs, Rural Business–Coop18 erative Service, Rural Business Program Account’’ shall 

19 be $84,505,000: Provided, That the amounts included 

20 under such heading in Public Law 111–80 shall be applied 

21 to funds appropriated by this division as follows: by sub22 stituting, ‘‘$0’’ for ‘‘$500,000’’; and by substituting, ‘‘$0’’ 

23 for ‘‘$250,000’’. 

24 SEC. 1253. Notwithstanding section 1101, the level 

25 for ‘‘Rural Development Programs, Rural Business–Coop-
181 

•HR 1 EH

1 erative Service, Rural Development Loan Fund Program 

2 Account’’ for the principal amount of direct loans as au3 thorized by Rural Development Loan Fund shall be 

4 $21,936,000. 

5 SEC. 1254. Notwithstanding section 1101, in connec6 tion with the ‘‘Rural Development Programs, Rural Busi7 ness–Cooperative Service, Rural Economic Development 

8 Loans Program Account’’, of the funds derived from inter9 est on the cushion of credit payments, as authorized by 

10 section 313 of the Rural Electrification Act of 1936, 

11 $207,000,000 shall not be obligated and $207,000,000 is 

12 rescinded. 

13 SEC. 1255. Notwithstanding section 1101, the level 

14 for ‘‘Rural Development Programs, Rural Business–Coop15 erative Service, Rural Cooperative Development Grants’’ 

16 shall be $30,254,000: Provided, That the amounts in17 cluded under such heading in Public Law 111–80 shall 

18 be applied to funds appropriated by this division as fol19 lows: by substituting ‘‘$0’’ for ‘‘$300,000’’; by sub20 stituting ‘‘$0’’ for ‘‘$2,800,000’’; and by substituting 

21 ‘‘$18,867,000’’ for ‘‘$20,367,000’’. 

22 SEC. 1256. Notwithstanding section 1101, the level 

23 for ‘‘Rural Development Programs, Rural Business–Coop24 erative Service, Rural Microenterprise Investment Pro25 gram Account’’ shall be $3,350,000. 
182 

•HR 1 EH

1 SEC. 1257. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Business–Coop3 erative Service, Rural Energy for America Program’’ shall 

4 be $25,010,000. 

5 SEC. 1258. Notwithstanding section 1101, the level 

6 for ‘‘Rural Development Programs, Rural Utilities Serv7 ice, Rural Water and Waste Disposal Program Account’’ 

8 shall be $405,564,000: Provided, That the amounts in9 cluded under such heading in Public Law 111–80 shall 

10 be applied to funds appropriated by this division as fol11 lows: by substituting, ‘‘$60,000,000’’ for ‘‘$70,00,000’’; 

12 by substituting ‘‘$5,000,000’’ for ‘‘$6,000,000’’; and by 

13 substituting, ‘‘$0’’ for ‘‘$17,500,000’’. 

14 SEC. 1259. Notwithstanding section 1101, the level 

15 for ‘‘Rural Development Programs, Rural Utilities Serv16 ice, Rural Electrification and Telecommunications Loans 

17 Program Account’’ for administrative expenses necessary 

18 to carry out the direct and guaranteed loan programs shall 

19 be $38,374,000. 

20 SEC. 1260. Notwithstanding section 1101, the level 

21 for ‘‘Rural Development Programs, Rural Utilities Serv22 ice, Distance Learning, Telemedicine, and Broadband 

23 Program’’ shall be $30,000,000: Provided, That the 

24 amounts included under such heading in Public Law 111– 

25 80 shall be applied to funds appropriated by this division 
183 

•HR 1 EH

1 as follows: by substituting, ‘‘$0’’ for ‘‘$4,500,000’’; by 

2 substituting, ‘‘$0’’ for ‘‘$28,960,000’’; and by sub3 stituting, ‘‘$13,406,000’’ for ‘‘$17,976,000’’. 

4 SEC. 1261. The amounts included under the heading 

5 ‘‘Domestic Food Programs, Food and Nutrition Service, 

6 Child Nutrition Programs’’ in Public Law 111–80 shall 

7 be applied to funds appropriated by this division by sub8 stituting ‘‘$0’’ for ‘‘$1,000,000’’ and by substituting ‘‘$0’’ 

9 for ‘‘$5,000,000’’. 

10 SEC. 1262. Notwithstanding section 1101, the level 

11 for ‘‘Domestic Food Programs, Food and Nutrition Serv12 ice, Special Supplemental Nutrition Program for Women, 

13 Infants, and Children (WIC)’’ shall be $6,504,781,000. 

14 SEC. 1263. Notwithstanding section 1101, the level 

15 for ‘‘Domestic Food Programs, Food and Nutrition Serv16 ice, Commodity Assistance Program’’, shall be 

17 $241,979,000, of which $151,409,000 shall be for the 

18 Commodity Supplemental Food Program: Provided, That 

19 the amounts included under such heading in Public Law 

20 111–80 shall be applied to funds appropriated by this divi21 sion by substituting ‘‘$0’’ for ‘‘$6,000,000’’. 

22 SEC. 1264. Notwithstanding section 1101, the level 

23 for ‘‘Domestic Food Programs, Food and Nutrition Serv24 ice, Nutrition Programs Administration’’ shall be 

25 $144,801,000. 
184 

•HR 1 EH

1 SEC. 1265. Notwithstanding section 1101, the level 

2 for ‘‘Foreign Assistance and Related Programs, Foreign 

3 Agricultural Service, Salaries and Expenses’’ shall be 

4 $165,436,000. 

5 SEC. 1266. Notwithstanding section 1101, the level 

6 for ‘‘Foreign Assistance and Related Programs, Foreign 

7 Agricultural Service, Food for Peace Title II Grants’’ shall 

8 be $1,003,000,000. 

9 SEC. 1267. Notwithstanding section 1101, the level 

10 for ‘‘Foreign Assistance and Related Programs, Foreign 

11 Agricultural Service, McGovern-Dole International Food 

12 for Education and Child Nutrition Program Grants’’ shall 

13 be $100,000,000. 

14 SEC. 1268. Notwithstanding section 1101, the level 

15 for ‘‘Related Agencies and Food and Drug Administra16 tion, Food and Drug Administration, Salaries and Ex17 penses’’ shall be $3,307,418,000: Provided, That of the 

18 amount provided under this heading, $667,057,000 shall 

19 be derived from prescription drug user fees authorized by 

20 section 736 of the Federal Food, Drug, and Cosmetic Act 

21 (21 U.S.C. 379h), shall be credited to this account and 

22 remain available until expended, and shall not include any 

23 fees pursuant to paragraphs (2) and (3) of section 736(a) 

24 of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) assessed 

25 for fiscal year 2012 but collected in fiscal year 2011; 
185 

•HR 1 EH

1 $61,860,000 shall be derived from medical device user fees 

2 authorized by section 738 of such Act (21 U.S.C. 379j), 

3 and shall be credited to this account and remain available 

4 until expended; $19,448,000 shall be derived from animal 

5 drug user fees authorized by section 740 of such Act (21 

6 U.S.C. 379j–12), and shall be credited to this account and 

7 remain available until expended; $5,397,000 shall be de8 rived from animal generic drug user fees authorized by 

9 section 741 of such Act (21 U.S.C. 379j–21), and shall 

10 be credited to this account and shall remain available until 

11 expended; and $450,000,000 shall be derived from tobacco 

12 product user fees authorized by section 919 of such Act 

13 (21 U.S.C. 387s) and shall be credited to this account and 

14 remain available until expended: Provided further, That in 

15 addition and notwithstanding any other provision under 

16 this heading, amounts collected for prescription drug user 

17 fees that exceed the fiscal year 2011 limitation are appro18 priated and shall be credited to this account and remain 

19 available until expended: Provided further, That fees de20 rived from prescription drug, medical device, animal drug, 

21 animal generic drug, and tobacco product assessments for 

22 fiscal year 2011 received during fiscal year 2011, includ23 ing any such fees assessed prior to fiscal year 2011 but 

24 credited for fiscal year 2011, shall be subject to the fiscal 

25 year 2011 limitations: Provided further, That none of 
186 

•HR 1 EH

1 these funds shall be used to develop, establish, or operate 

2 any program of user fees authorized by 31 U.S.C. 9701: 

3 Provided further, That of the total amount appropriated 

4 under this heading: (1) $727,220,000 shall be for the Cen5 ter for Food Safety and Applied Nutrition and related 

6 field activities in the Office of Regulatory Affairs; (2) 

7 $895,460,000 shall be for the Center for Drug Evaluation 

8 and Research and related field activities in the Office of 

9 Regulatory Affairs; (3) $296,937,000 shall be for the Cen10 ter for Biologics Evaluation and Research and for related 

11 field activities in the Office of Regulatory Affairs; (4) 

12 $145,103,000 shall be for the Center for Veterinary Medi13 cine and for related field activities in the Office of Regu14 latory Affairs; (5) $318,768,000 shall be for the Center 

15 for Devices and Radiological Health and for related field 

16 activities in the Office of Regulatory Affairs; (6) 

17 $35,052,000 shall be for the National Center for Toxi18 cological Research; (7) $421,463,000 shall be for the Cen19 ter for Tobacco Products and for related field activities 

20 in the Office of Regulatory Affairs; (8) not to exceed 

21 $100,482,000 shall be for Rent and Related activities, of 

22 which $22,683,000 is for White Oak Consolidation, other 

23 than the amounts paid to the General Services Adminis24 tration for rent; (9) not to exceed $182,661,000 shall be 

25 for payments to the General Services Administration for 
187 

•HR 1 EH

1 rent; and (10) $184,272,000 shall be for other activities, 

2 including the Office of the Commissioner of Food and 

3 Drugs; the Office of Foods; the Office of the Chief Sci4 entist; the Office of Policy, Planning and Budget; the Of5 fice of International Programs; the Office of Administra6 tion; and central services for these offices: Provided fur7 ther, That none of the funds made available under this 

8 heading shall be used to transfer funds under section 

9 770(n) of the Federal Food, Drug, and Cosmetic Act (21 

10 U.S.C. 379dd): Provided further, That not to exceed 

11 $25,000 of the amount provided under this heading shall 

12 be for official reception and representation expenses, not 

13 otherwise provided for, as determined by the Commis14 sioner: Provided further, That funds may be transferred 

15 from one specified activity to another with the prior ap16 proval of the Committees on Appropriations of both 

17 Houses of Congress. 

18 SEC. 1269. Notwithstanding section 1101, the level 

19 for ‘‘Related Agencies and Food and Drug Administra20 tion, Independent Agencies, Commodity Futures Trading 

21 Commission’’ shall be $112,000,000, to remain available 

22 until September 30, 2012: Provided, That the proviso 

23 under such heading in Public Law 111–80 shall not apply 

24 to funds appropriated by this division. 
188 

•HR 1 EH

1 SEC. 1270. Notwithstanding any other provision of 

2 this division, the following set-asides included in Public 

3 Law 111–80 for ‘‘Congressionally Designated Projects’’ in 

4 the following accounts for the corresponding amounts shall 

5 not apply to funds appropriated by this division: 

6 (1) ‘‘Agricultural Programs, Agricultural Re7 search Service, Salaries and Expenses’’, 

8 $44,138,000. 

9 (2) ‘‘Agricultural Programs, National Institute 

10 of Food and Agriculture, Research and Education 

11 Activities’’, $120,054,000. 

12 (3) ‘‘Agricultural Programs, National Institute 

13 of Food and Agriculture, Extension Activities’’, 

14 $11,831,000. 

15 (4) ‘‘Agricultural Programs, Animal and Plant 

16 Health Inspection Service, Salaries and Expenses’’, 

17 $24,410,000. 

18 (5) ‘‘Conservation Programs, Natural Re19 sources Conservation Service, Conservation Oper20 ations’’, $37,382,000. 

21 SEC. 1271. Notwithstanding any other provision of 

22 this division, the following provisions included in Public 

23 Law 111–80 shall not apply to funds appropriated by this 

24 division: 
189 

•HR 1 EH

1 (1) The first proviso under the heading ‘‘Agri2 cultural Programs, Agriculture Buildings and Facili3 ties and Rental Payments’’. 

4 (2) The second proviso under the heading 

5 ‘‘Conservation Programs, Natural Resources Con6 servation Service, Conservation Operations’’. 

7 (3) The second proviso under the heading 

8 ‘‘Rural Development Programs, Rural Utilities Serv9 ice, Rural Water and Waste Disposal Account’’. 

10 (4) The first proviso under the heading ‘‘Do11 mestic Food Programs, Food and Nutrition Service, 

12 Commodity Assistance Program’’. 

13 (5) The first proviso under the heading ‘‘For14 eign Assistance and Related Programs, Foreign Ag15 ricultural Service, McGovern-Dole International 

16 Food for Education and Child Nutrition Program 

17 Grants’’. 

18 SEC. 1272. Sections 718, 723, 727, 728, 738, 739, 

19 and 741 of Public Law 111–80 shall be applied to funds 

20 appropriated by this division by substituting $0 for the 

21 dollar amounts included in those sections. 

22 SEC. 1273. Sections 715, 716, 721(2), 721(3), 724, 

23 725, 726, 729, 730, 734, 735, 743, 745, and 748 of Public 

24 Law 111–80 shall not apply for fiscal year 2011. 
190 

•HR 1 EH

1 SEC. 1274. Sections 737, 740, 747, and 749 of Public 

2 Law 111–80 authorized or required certain actions that 

3 have been performed before the date of the enactment of 

4 this division and need not reoccur. 

5 SEC. 1275. Appropriations to the Department of Ag6 riculture made available in fiscal year 2005 to carry out 

7 section 601 of the Rural Electrification Act of 1936 (7 

8 U.S.C. 950bb) for the cost of direct loans shall remain 

9 available until expended to disburse valid obligations made 

10 in fiscal years 2005 and 2006. 

11 SEC. 1276. In the case of each program established 

12 or amended by the Food, Conservation, and Energy Act 

13 of 2008 (Public Law 110–246), other than by title I or 

14 subtitle A of title III of such Act, or programs for which 

15 indefinite amounts were provided in that Act that is au16 thorized or required to be carried out using funds of the 

17 Commodity Credit Corporation: (1) such funds shall be 

18 available for salaries and related administrative expenses, 

19 including technical assistance, associated with the imple20 mentation of the program, without regard to the limitation 

21 on the total amount of allotments and fund transfers con22 tained in section 11 of the Commodity Credit Corporation 

23 Charter Act (15 U.S.C. 714i); and (2) the use of such 

24 funds for such purpose shall not be considered to be a 

25 fund transfer or allotment for purposes of applying the 
191 

•HR 1 EH

1 limitation on the total amount of allotments and fund 

2 transfers contained in such section. 

3 SEC. 1277. With respect to any loan or loan guar4 antee program administered by the Secretary of Agri5 culture that has a negative credit subsidy score for fiscal 

6 year 2011, the program level for the loan or loan guar7 antee program, for the purposes of the Federal Credit Re8 form Act of 1990, shall be the program level established 

9 pursuant to such Act for fiscal year 2010. 

10 SEC. 1278. Section 721(1) of Public Law 111–80 

11 (123 Stat. 2122) is amended by striking 

12 ‘‘$1,180,000,000’’ and inserting ‘‘$1,238,000,000’’. 

13 SEC. 1279. Section 742 of Public Law 111–80 (123 

14 Stat. 2128) is amended by striking ‘‘$11,000,000’’ and 

15 inserting ‘‘$15,000,000’’. 

16 SEC. 1280. The following provisions of Public Law 

17 111–80 shall be applied to funds appropriated by this divi18 sion by substituting ‘‘2010’’, ‘‘2011’’, and ‘‘2012’’ for 

19 ‘‘2009’’, ‘‘2010’’, and ‘‘2011’’, respectively, in each in20 stance that such terms appear: 

21 (1) The second paragraph under the heading 

22 ‘‘Agricultural Programs, Animal and Plant Health 

23 Inspection Service, Salaries and Expenses’’. 
192 

•HR 1 EH

1 (2) The second proviso under the heading ‘‘Ag2 ricultural Programs, Food Safety and Inspection 

3 Service’’. 

4 (3) The first proviso in the second paragraph 

5 under the heading ‘‘Rural Development Programs, 

6 Rural Housing Service, Rural Housing Insurance 

7 Fund Program Account’’. 

8 (4) The fifth proviso under the heading ‘‘Rural 

9 Development Programs, Rural Housing Service, 

10 Rental Assistance Program’’. 

11 (5) The proviso under the heading ‘‘Rural De12 velopment Programs, Rural Housing Service, Mutual 

13 and Self-Help Housing Grants’’. 

14 (6) The first proviso under the heading ‘‘Rural 

15 Development Programs, Rural Housing Service, 

16 Rural Housing Assistance Grants’’. 

17 (7) The seventh proviso under the heading 

18 ‘‘Rural Development Programs, Rural Housing Serv19 ice, Rural Community Facilities Program Account’’. 

20 (8) The third proviso under the heading ‘‘Rural 

21 Development Programs, Rural Business—Coopera22 tive Service, Rural Business Program Account’’. 

23 (9) The four availability of funds clauses under 

24 the heading ‘‘Rural Development Programs, Rural 
193 

•HR 1 EH

1 Business—Cooperative Service, Rural Development 

2 Loan Fund Program Account’’. 

3 (10) The fifth proviso under the heading 

4 ‘‘Rural Development Programs, Rural Utilities Serv5 ice, Rural Water and Waste Disposal Program Ac6 count’’. 

7 (11) Sections 713, 717, 732, and 746. 

8 SEC. 1281. None of the funds appropriated or other9 wise made available by this division or any other Act shall 

10 be used to pay the salaries and expenses of personnel to 

11 carry out the Wetlands Reserve Program authorized by 

12 sections 1237–1237F of the Food Security Act of 1985 

13 (16 U.S.C. 3837–3837f) to enroll in excess of 202,218 

14 acres in fiscal year 2011: Provided, That such program 

15 shall be permanently reduced by 47,782 acres. 

16 SEC. 1282. None of the funds appropriated or other17 wise made available by this division or any other Act shall 

18 be used to pay the salaries and expenses of personnel to 

19 carry out the Conservation Stewardship Program author20 ized by sections 1238D–1238G of the Food Security Act 

21 of 1985 (16 U.S.C. 3838d–3838g) in excess of 

22 $649,000,000. 

23 SEC. 1283. None of the funds appropriated or other24 wise made available by this division or any other Act shall 

25 be used to pay the salaries and expenses of personnel to 
194 

•HR 1 EH

1 carry out the program authorized by section 14 of the Wa2 tershed Protection and Flood Prevention Act (16 U.S.C. 

3 1012): Provided, That of the funds available under such 

4 section for fiscal year 2011, $165,000,000 is rescinded. 

5 SEC. 1284. None of the funds appropriated or other6 wise made available by this division or any other Act shall 

7 be used to pay the salaries and expenses of personnel to 

8 transfer in fiscal year 2011 to the Administrator of the 

9 Food and Nutrition Service under subsection (b) of section 

10 14222 of the Food, Conservation, and Energy Act of 2008 

11 (Public Law 110–246; 122 Stat. 2245) an amount in ex12 cess of $1,098,000,000: Provided, That none of the funds 

13 made available by this division or any other Act shall be 

14 used to pay the salaries and expenses of personnel to carry 

15 out section 19 of the Richard B. Russell National School 

16 Lunch Act (42 U.S.C. 1769a) utilizing funds otherwise 

17 required to be made available under subsection (i)(1)(D) 

18 of such section 19 in excess of $33,000,000, including the 

19 transfer of funds under subsection (c) of such section 

20 14222, until October 1, 2011: Provided further, That the 

21 remaining $117,000,000 of the amount specified in sub22 section (i)(1)(D) of such section 19 made available on Oc23 tober 1, 2011, to carry out such section 19 shall be ex24 cluded from the limitation described in subsection 

25 (b)(2)(A)(iv) of such section 14222 for fiscal year 2012. 
195 

•HR 1 EH

1 SEC. 1285. None of the funds appropriated or made 

2 available by this division or any other Act shall be used 

3 to pay the salaries and expenses of personnel to carry out 

4 the Biomass Crop Assistance Program authorized by sec5 tion 9011 of the Farm Security and Rural Investment Act 

6 of 2002 (7 U.S.C. 8111) in excess of $112,000,000. 

7 SEC. 1286. Of the unobligated balances available for 

8 ‘‘Agricultural Programs, Agricultural Research Service, 

9 Buildings and Facilities’’ $223,700,000 is rescinded. 

10 SEC. 1287. Of the unobligated balances available for 

11 the cost of broadband loans, as authorized by section 601 

12 of the Rural Electrification Act of 1936, $15,000,000 is 

13 rescinded. 

14 SEC. 1288. (a) Notwithstanding this Act or any other 

15 Act, of the unobligated balances available to the Depart16 ment of Agriculture from prior appropriations, 

17 $585,000,000 in appropriated discretionary funds are 

18 hereby rescinded. 

19 (b) The Secretary of Agriculture shall determine and 

20 identify from which appropriation accounts the rescission 

21 under subsection (a) shall apply and the amount of such 

22 rescission that shall apply to each such account. Not later 

23 than 30 days after the date of the enactment of this Act, 

24 the Secretary of Agriculture shall submit a report to the 

25 Committees on Appropriations of both Houses of Congress 
196 

•HR 1 EH

1 and the Secretary of the Treasury of the accounts and 

2 amounts determined and identified for rescission under 

3 the preceding sentence: Provided, That no amounts may 

4 be rescinded from amounts that were designated by the 

5 Congress as an emergency requirement pursuant to the 

6 Concurrent Resolution on the Budget or the Balanced 

7 Budget and Emergency Deficit Control Act of 1985, as 

8 amended. 

9 TITLE III—COMMERCE, JUSTICE, SCIENCE, AND 

10 RELATED AGENCIES 

11 SEC. 1301. Notwithstanding section 1101, the level 

12 for ‘‘Department of Commerce, International Trade Ad13 ministration, Operations and Administration’’ shall be 

14 $450,989,000. 

15 SEC. 1302. Notwithstanding section 1101, the level 

16 for ‘‘Department of Commerce, Economic Development 

17 Administration, Economic Development Assistance Pro18 grams’’ shall be $175,000,000 (increased by 

19 $80,000,000). 

20 SEC. 1303. Notwithstanding section 1101, the level 

21 for ‘‘Department of Commerce, Minority Business Devel22 opment Agency, Minority Business Development’’ shall be 

23 $30,400,000. 

24 SEC. 1304. Notwithstanding section 1101, the level 

25 for ‘‘Department of Commerce, National Telecommuni-
197 

•HR 1 EH

1 cations and Information Administration, Salaries and Ex2 penses’’ shall be $40,649,000. 

3 SEC. 1305. Notwithstanding section 1101, the level 

4 for ‘‘Department of Commerce, National Institute of 

5 Standards and Technology, Scientific and Technical Re6 search and Services’’ shall be $469,500,000. 

7 SEC. 1306. Notwithstanding section 1101, the level 

8 for ‘‘Department of Commerce, National Institute of 

9 Standards and Technology, Industrial Technology Serv10 ices’’ shall be $169,600,000. 

11 SEC. 1307. Notwithstanding section 1101, the level 

12 for ‘‘Department of Commerce, National Oceanic and At13 mospheric Administration, Pacific Coastal Salmon Recov14 ery’’ shall be $50,000,000. 

15 SEC. 1308. Notwithstanding section 1101, the level 

16 for ‘‘Department of Justice, General Administration, Na17 tional Drug Intelligence Center’’ shall be $34,023,000 (re18 duced by $34,023,000). 

19 SEC. 1309. Notwithstanding section 1101, the level 

20 for ‘‘Department of Justice, General Administration, Jus21 tice Information Sharing Technology’’ shall be 

22 $78,285,000. 

23 SEC. 1310. Notwithstanding section 1101, the level 

24 for ‘‘Department of Justice, General Administration, Tac-
198 

•HR 1 EH

1 tical Law Enforcement Wireless Communications’’ shall 

2 be $136,143,000. 

3 SEC. 1311. Notwithstanding section 1101, the level 

4 for ‘‘Department of Justice, General Administration, De5 tention Trustee’’ shall be $1,533,663,000. 

6 SEC. 1312. Notwithstanding section 1101, the level 

7 for ‘‘Department of Justice, Legal Activities, Salaries and 

8 Expenses, General Legal Activities’’ shall be 

9 $865,097,000. 

10 SEC. 1313. Notwithstanding section 1101, the level 

11 for ‘‘Department of Justice, United States Marshals Serv12 ice, Construction’’ shall be $16,929,000. 

13 SEC. 1314. Notwithstanding section 1101, the level 

14 for ‘‘Department of Justice, Federal Bureau of Investiga15 tion, Construction’’ shall be $106,915,000. 

16 SEC. 1315. Notwithstanding section 1101, the level 

17 for ‘‘Department of Justice, Federal Prison System, Sala18 ries and Expenses’’ shall be $6,325,231,000. 

19 SEC. 1316. Notwithstanding section 1101, the level 

20 for ‘‘Office of Science and Technology Policy’’ shall be 

21 $6,500,000. 

22 SEC. 1317. Notwithstanding section 1101, the level 

23 for ‘‘National Science Foundation, Research and Related 

24 Activities’’ shall be $5,467,920,000. 
199 

•HR 1 EH

1 SEC. 1318. Notwithstanding section 1101, the level 

2 for ‘‘National Science Foundation, Major Research Equip3 ment and Facilities Construction’’ shall be $54,790,000. 

4 SEC. 1319. Notwithstanding section 1101, the level 

5 for ‘‘National Science Foundation, Education and Human 

6 Resources’’ shall be $725,760,000. 

7 SEC. 1320. Notwithstanding section 1101, the level 

8 for ‘‘Department of Commerce, Bureau of the Census, 

9 Periodic Censuses and Programs’’ shall be $913,707,000 

10 (reduced by $80,000,000). 

11 SEC. 1321. Notwithstanding section 1101, the level 

12 for each of the following accounts shall be $0: ‘‘Depart13 ment of Commerce, National Telecommunications and In14 formation Administration, Public Telecommunications Fa15 cilities, Planning and Construction’’; ‘‘Department of Jus16 tice, Bureau of Alcohol, Tobacco, Firearms, and Explo17 sives, Construction’’; and ‘‘Department of Justice, Office 

18 of Justice Programs, Weed and Seed Program Fund’’. 

19 SEC. 1322. Notwithstanding any other provision of 

20 this division, the following set-asides included in division 

21 B of Public Law 111–117 for projects specified in the ex22 planatory statement accompanying that Act in the fol23 lowing accounts for the corresponding amounts shall not 

24 apply to funds appropriated by this division: (1) ‘‘Depart25 ment of Commerce, International Trade Administration, 
200 

•HR 1 EH

1 Operations and Administration’’, $5,215,000; (2) ‘‘De2 partment of Commerce, Minority Business Development 

3 Agency, Minority Business Development’’, $1,100,000; 

4 and (3) ‘‘Department of Commerce, National Institute of 

5 Standards and Technology, Scientific and Technical Re6 search and Services’’, $10,500,000. 

7 SEC. 1323. The Departments of Commerce and Jus8 tice, the National Aeronautics and Space Administration, 

9 and the National Science Foundation are directed to sub10 mit spending plans, signed by the respective department 

11 or agency head, to the House and Senate Committees on 

12 Appropriations within 60 days of enactment of this divi13 sion. 

14 SEC. 1324. Notwithstanding any other provision of 

15 this division, the set-aside included in division B of Public 

16 Law 111–117 under the heading ‘‘Department of Com17 merce, United States Patent and Trademark Office, Sala18 ries and Expenses’’ for policy studies related to activities 

19 of United Nations Specialized Agencies related to inter20 national protection of intellectual property rights shall not 

21 apply to funds appropriated by this division. 

22 SEC. 1325. Of the amount provided by section 1306 

23 for ‘‘National Institute of Standards and Technology, In24 dustrial Technology Services’’, $44,900,000 shall be for 

25 the Technology Innovation Program. 
201 

•HR 1 EH

1 SEC. 1326. (a) Notwithstanding section 1101, the 

2 level for ‘‘Department of Commerce, National Institute of 

3 Standards and Technology, Construction of Research Fa4 cilities’’ shall be $58,000,000. 

5 (b) The set-asides included in division B of Public 

6 Law 111–117 under the heading ‘‘Department of Com7 merce, National Institute of Standards and Technology, 

8 Construction of Research Facilities’’ for a competitive con9 struction grant program for research science buildings and 

10 for projects specified in the explanatory statement accom11 panying that Act shall not apply to funds appropriated 

12 by this division. 

13 SEC. 1327. (a) Notwithstanding section 1101, the 

14 level for ‘‘Department of Commerce, National Oceanic and 

15 Atmospheric Administration, Operations, Research, and 

16 Facilities’’ shall be $2,850,883,000. 

17 (b) The set-aside included in division B of Public Law 

18 111–117 under the heading ‘‘Department of Commerce, 

19 National Oceanic and Atmospheric Administration, Oper20 ations, Research, and Facilities’’ for projects specified in 

21 the explanatory statement accompanying that Act shall 

22 not apply to funds appropriated by this division. 

23 SEC. 1328. (a) Notwithstanding section 1101, the 

24 level for ‘‘Department of Commerce, National Oceanic and 
202 

•HR 1 EH

1 Atmospheric Administration, Procurement, Acquisition 

2 and Construction’’ shall be $1,455,353,000. 

3 (b) The set-aside included in division B of Public Law 

4 111–117 under the heading ‘‘Department of Commerce, 

5 National Oceanic and Atmospheric Administration, Pro6 curement, Acquisition and Construction’’ for projects 

7 specified in the explanatory statement accompanying that 

8 Act shall not apply to funds appropriated by this division. 

9 SEC. 1329. (a) Notwithstanding section 1101, the 

10 level for ‘‘Department of Justice, Office of Justice Pro11 grams, Justice Assistance’’ shall be $225,000,000. 

12 (b) Amounts included in paragraphs (1) through (5) 

13 under the heading ‘‘Department of Justice, Office of Jus14 tice Programs, Justice Assistance’’ of division B of Public 

15 Law 111–117 shall be deemed to represent the maximum 

16 amount of funding available under the respective para17 graph. 

18 SEC. 1330. (a) Notwithstanding section 1101, the 

19 level for ‘‘Department of Justice, Office of Justice Pro20 grams, State and Local Law Enforcement Assistance’’ 

21 shall be $953,500,000 (reduced by $20,000,000) (in22 creased by $20,000,000). 

23 (b) The amount included in paragraph (4) under the 

24 heading ‘‘Department of Justice, Office of Justice Pro25 grams, State and Local Law Enforcement Assistance’’ of 
203 

•HR 1 EH

1 division B of Public Law 111–117 shall be applied to 

2 funds appropriated by this division by substituting ‘‘$0’’ 

3 for ‘‘$185,268,000’’. 

4 (c) Amounts included in paragraphs (1) through (3) 

5 and paragraphs (5) through (29) under the heading ‘‘De6 partment of Justice, Office of Justice Programs, State 

7 and Local Law Enforcement Assistance’’ of division B of 

8 Public Law 111–117 shall be deemed to represent the 

9 maximum amount of funding available under the respec10 tive paragraph. 

11 SEC. 1331. (a) Notwithstanding section 1101, the 

12 level for ‘‘Department of Justice, Office of Justice Pro13 grams, Juvenile Justice Programs’’ shall be 

14 $232,500,000. 

15 (b) The amount included in paragraph (2) under the 

16 heading ‘‘Department of Justice, Office of Justice Pro17 grams, Juvenile Justice Programs’’ of division B of Public 

18 Law 111–117 shall be applied to funds appropriated by 

19 this division by substituting ‘‘$0’’ for ‘‘$91,095,000’’. 

20 (c) Amounts included in paragraph (1) and para21 graphs (3) through (8) under the heading ‘‘Department 

22 of Justice, Office of Justice Programs, Juvenile Justice 

23 Programs’’ of division B of Public Law 111–117 shall be 

24 deemed to represent the maximum amount of funding 

25 available under the respective paragraph. 
204 

•HR 1 EH

1 SEC. 1332. (a) Notwithstanding section 1101, the 

2 level for ‘‘Department of Justice, Community Oriented 

3 Policing Services (Including Transfers of Funds)’’ shall be 

4 $290,500,000 (increased by $298,000,000). 

5 (b) Amounts included under the heading ‘‘Depart6 ment of Justice, Community Oriented Policing Services 

7 (Including Transfers of Funds)’’ in division B of Public 

8 Law 111–117 shall be applied to funds appropriated by 

9 this division by substituting— 

10 (1) ‘‘$15,000,000’’ for ‘‘40,385,000’’; 

11 (2) ‘‘$0’’ for ‘‘$25,385,000’’; 

12 (3) ‘‘$1,500,000’’ for ‘‘$170,223,000’’; 

13 (4) ‘‘$0’’ for ‘‘$168,723,000’’; and 

14 (5) ‘‘$0 (increased by $298,000,000)’’ for 

15 ‘‘$298,000,000’’. 

16 (c) Amounts included in paragraph (1) and para17 graphs (4) through (8) under the heading ‘‘Department 

18 of Justice, Community Oriented Policing Services (Includ19 ing Transfers of Funds)’’ of division B of Public Law 

20 111–117 shall be deemed to represent the maximum 

21 amount of funding available under the respective para22 graph. 

23 SEC. 1333. (a) The percentage limitations on trans24 fers between appropriations of the Department of Justice 

25 described in section 205 of division B of Public Law 111– 
205 

•HR 1 EH

1 117 shall not apply to funds provided by this division to 

2 the Department of Justice, or provided under previous ap3 propriations Acts to the Department of Justice that re4 main available for obligation or expenditure in fiscal year 

5 2011, or provided from any accounts in the Treasury of 

6 the United States derived by the collection of fees available 

7 to the Department of Justice. 

8 (b) The transfer authority provided in subsection (a) 

9 shall pertain only to transfers into the following accounts: 

10 ‘‘Department of Justice, Salaries and Expenses, United 

11 States Attorneys’’; ‘‘Department of Justice, United States 

12 Marshals Service, Salaries and Expenses’’; ‘‘Department 

13 of Justice, Federal Bureau of Investigation, Salaries and 

14 Expenses’’; ‘‘Department of Justice, Drug Enforcement 

15 Administration, Salaries and Expenses’’; ‘‘Department of 

16 Justice, Bureau of Alcohol, Tobacco, Firearms and Explo17 sives, Salaries and Expenses’’; and ‘‘Department of Jus18 tice, Federal Prison System, Salaries and Expenses’’. 

19 (c) Any transfer pursuant to this section shall be 

20 treated as a reprogramming of funds under section 505 

21 of division B of Public Law 111–117 and shall not be 

22 available for obligation except in compliance with the pro23 cedures set forth in that section as amended by this divi24 sion. 
206 

•HR 1 EH

1 SEC. 1334. Notwithstanding section 1105, the pro2 viso limiting the use of funds under the heading ‘‘National 

3 Aeronautics and Space Administration, Exploration’’ in 

4 division B of Public Law 111–117 shall not apply to funds 

5 appropriated by this division. 

6 SEC. 1335. (a) Notwithstanding section 1101, the 

7 level for ‘‘National Aeronautics and Space Administration, 

8 Space Operations’’ shall be $5,946,800,000. 

9 (b) The proviso specifying amounts under the head10 ing ‘‘National Aeronautics and Space Administration, 

11 Space Operations’’ in division B of Public Law 111–117 

12 for operations, production, research, development, and 

13 support of the Space Shuttle and the International Space 

14 Station and for Space and Flight Support shall not apply 

15 to funds appropriated by this division. 

16 SEC. 1336. (a) Notwithstanding section 1101, the 

17 level for ‘‘National Aeronautics and Space Administration, 

18 Cross Agency Support’’ shall be $3,131,000,000 (reduced 

19 by $298,000,000). 

20 (b) The set-asides under the heading ‘‘National Aero21 nautics and Space Administration, Cross Agency Support’’ 

22 in division B of Public Law 111–117 for center manage23 ment and operations, independent verification and valida24 tion activities and projects specified in the explanatory 
207 

•HR 1 EH

1 statement accompanying that Act shall not apply to funds 

2 appropriated by this division. 

3 SEC. 1337. (a) Notwithstanding section 1101, the 

4 level for ‘‘National Aeronautics and Space Administration, 

5 Construction and Environmental Compliance and Remedi6 ation’’ shall be $408,300,000. 

7 (b) The set-asides under the heading ‘‘National Aero8 nautics and Space Administration, Construction and Envi9 ronmental Compliance and Remediation’’ in division B of 

10 Public Law 111–117 for science research and development 

11 activities, exploration research and development activities, 

12 space operations research and development activities, and 

13 cross agency support activities shall not apply to funds 

14 appropriated by this division. 

15 SEC. 1338. (a) Transfer limitations for the National 

16 Aeronautics and Space Administration described in the 

17 Administrative Provisions of division B of Public Law 

18 111–117 shall not apply to funds available under the fol19 lowing headings: (1) ‘‘National Aeronautics and Space Ad20 ministration, Aeronautics’’; (2) ‘‘National Aeronautics and 

21 Space Administration, Space Operations’’; and (3) ‘‘Na22 tional Aeronautics and Space Administration, Education’’. 

23 (b) Any transfer pursuant to this section shall be 

24 treated as a reprogramming of funds under section 505 

25 of division B of Public Law 111–117 and shall not be 
208 

•HR 1 EH

1 available for obligation except in compliance with the pro2 cedures set forth in that section as amended by this divi3 sion. 

4 SEC. 1339. (a) None of the funds made available by 

5 this division may be used for the National Aeronautics and 

6 Space Administration or the Office of Science and Tech7 nology Policy to develop, design, plan, promulgate, imple8 ment, or execute a policy, program, order, or contract of 

9 any kind to participate, collaborate, or coordinate in any 

10 way with China or any Chinese-owned company unless 

11 such activities are specifically authorized by a law enacted 

12 after the date of enactment of this division. 

13 (b) The limitation in subsection (a) shall also apply 

14 to any funds used to effectuate the hosting of official Chi15 nese visitors at facilities belonging to or utilized by the 

16 National Aeronautics and Space Administration. 

17 SEC. 1340. Notwithstanding section 1101, amounts 

18 are provided for ‘‘Legal Services Corporation, Payment to 

19 the Legal Services Corporation’’ in division B of Public 

20 Law 111–117 in the manner authorized in Public Law 

21 111–117 for fiscal year 2010, except that for fiscal year 

22 2011 the amounts specified in division B of Public Law 

23 111–117 shall be modified by substituting— 

24 (1) ‘‘$350,000,000’’ for ‘‘$420,000,000’’; and 

25 (2) ‘‘$324,400,000’’ for ‘‘$394,400,000’’. 
209 

•HR 1 EH

1 SEC. 1341. Section 505(a)(1) of division B of Public 

2 Law 111–117 is amended by inserting ‘‘, unless the House 

3 and Senate Committees on Appropriations are notified 15 

4 days in advance of such reprogramming of funds’’ before 

5 the semicolon. 

6 SEC. 1342. Of the funds made available for ‘‘Depart7 ment of Commerce, Bureau of the Census, Periodic Cen8 suses and Programs’’ in division B of Public Law 111– 

9 117, $1,740,000,000 is rescinded. 

10 SEC. 1343. Of the unobligated balances available for 

11 ‘‘Emergency Steel, Oil, and Gas Guaranteed Loan Pro12 gram Account’’, $48,000,000 is rescinded. 

13 SEC. 1344. Of the unobligated balances available to 

14 the Department of Justice from prior appropriations, the 

15 following funds are rescinded, not later than September 

16 30, 2011, from the following accounts in the specified 

17 amounts: (1) ‘‘Office of Justice Programs’’, $42,000,000; 

18 and (2) ‘‘Community Oriented Policing Services’’, 

19 $10,000,000. 

20 TITLE IV—ENERGY AND WATER 

21 DEVELOPMENT AND RELATED AGENCIES 

22 SEC. 1401. All of the provisos under the heading 

23 ‘‘Corps of Engineers—Civil, Department of the Army, 

24 Construction’’ in the Energy and Water Development and 

25 Related Agencies Appropriations Act, 2010 (Public Law 
210 

•HR 1 EH

1 111–85) shall not apply to funds appropriated by this divi2 sion. 

3 SEC. 1402. The proviso under the heading ‘‘Corps of 

4 Engineers—Civil, Department of the Army, Mississippi 

5 River and Tributaries’’ in the Energy and Water Develop6 ment and Related Agencies Appropriations Act, 2010 

7 (Public Law 111–85) shall not apply to funds appro8 priated by this division. 

9 SEC. 1403. The fifth proviso (regarding the San Ga10 briel Basin Restoration Fund), seventh proviso (regarding 

11 the Milk River Project) and eighth proviso (regarding the 

12 Departmental Irrigation Drainage program) under the 

13 heading ‘‘Department of the Interior, Bureau of Reclama14 tion, Water and Related Resources’’ in the Energy and 

15 Water Development and Related Agencies Appropriations 

16 Act, 2010 (Public Law 111–85) shall not apply to funds 

17 appropriated by this division. 

18 SEC. 1404. All of the provisos under the heading 

19 ‘‘Department of Energy, Energy Programs, Energy Effi20 ciency and Renewable Energy’’ in title III of the Energy 

21 and Water Development and Related Agencies Appropria22 tions Act, 2010 (Public Law 111–85) shall not apply to 

23 funds appropriated by this division. 

24 SEC. 1405. All of the provisos under the heading 

25 ‘‘Department of Energy, Energy Programs, Electricity 
211 

•HR 1 EH

1 Delivery and Energy Reliability’’ 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. 1406. The proviso under the heading ‘‘Depart6 ment of Energy, Energy Programs, Nuclear Energy’’ in 

7 title III of the Energy and Water Development and Re8 lated Agencies Appropriations Act, 2010 (Public Law 

9 111–85) shall not apply to funds appropriated by this divi10 sion. 

11 SEC. 1407. The second proviso under the heading 

12 ‘‘Department of Energy, Energy Programs, Fossil Energy 

13 Research and Development’’ in title III of the Energy and 

14 Water Development and Related Agencies Appropriations 

15 Act, 2010 (Public Law 111–85) shall not apply to funds 

16 appropriated by this division. 

17 SEC. 1408. All of the provisos under the heading 

18 ‘‘Department of Energy, Energy Programs, Science’’ in 

19 title III of the Energy and Water Development and Re20 lated Agencies Appropriations Act, 2010 (Public Law 

21 111–85) shall not apply to funds appropriated by this divi22 sion. 

23 SEC. 1409. The thirteenth proviso (regarding Com24 mission funding) under the heading ‘‘Department of En25 ergy, Energy Programs, Nuclear Waste Disposal’’ in title 
212 

•HR 1 EH

1 III of the Energy and Water Development and Related 

2 Agencies Appropriations Act, 2010 (Public Law 111–85) 

3 shall not apply to funds appropriated by this division. 

4 SEC. 1410. All of the provisos under the heading 

5 ‘‘Department of Energy, Atomic Energy Defense Activi6 ties, National Nuclear Security Administration, Weapons 

7 Activities’’ in title III of the Energy and Water Develop8 ment and Related Agencies Appropriations Act, 2010 

9 (Public Law 111–85) shall not apply to funds appro10 priated by this division. 

11 SEC. 1411. The proviso under the heading ‘‘Depart12 ment of Energy, Atomic Energy Defense Activities, Na13 tional Nuclear Security Administration, Defense Nuclear 

14 Nonproliferation’’ in title III of the Energy and Water De15 velopment and Related Agencies Appropriations Act, 2010 

16 (Public Law 111–85) shall not apply to funds appro17 priated by this division. 

18 SEC. 1412. All of the provisos under the heading 

19 ‘‘Department of Energy, Atomic Energy Defense Activi20 ties, National Nuclear Security Administration, Office of 

21 the Administrator’’ in title III of the Energy and Water 

22 Development and Related Agencies Appropriations Act, 

23 2010 (Public Law 111–85) shall not apply to funds appro24 priated by this division. 
213 

•HR 1 EH

1 SEC. 1413. The proviso under the heading ‘‘Depart2 ment of Energy, Atomic Energy Defense Activities, Envi3 ronmental and Other Defense Activities, Defense Environ4 mental Cleanup’’ in title III of the Energy and Water De5 velopment and Related Agencies Appropriations Act, 2010 

6 (Public Law 111–85) shall not apply to funds appro7 priated by this division. 

8 SEC. 1414. The proviso under the heading ‘‘Depart9 ment of Energy, Atomic Energy Defense Activities, Envi10 ronmental and Other Defense Activities, Other Defense 

11 Activities’’ in title III of 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. 1415. The fifth proviso under the heading ‘‘De16 partment of Energy, Power Marketing Administrations, 

17 Construction, Rehabilitation, Operation and Maintenance, 

18 Western Area Power Administration’’ in title III of the 

19 Energy and Water Development and Related Agencies Ap20 propriations Act, 2010 (Public Law 111–85) shall not 

21 apply to funds appropriated by this division. 

22 SEC. 1416. Sections 105, 106, 107, 110 through 125, 

23 205 through 211, 502, and 506 of the Energy and Water 

24 Development and Related Agencies Appropriations Act, 
214 

•HR 1 EH

1 2010 (Public Law 111–85) shall not apply to funds appro2 priated by this division. 

3 SEC. 1417. In addition to amounts otherwise made 

4 available by this division, $50,000,000 is appropriated for 

5 ‘‘Department of Energy, Energy Programs, Advanced Re6 search Projects Agency—Energy’’. 

7 SEC. 1418. Notwithstanding section 1105, no appro8 priation, funds, or authority made available pursuant to 

9 section 1101 for the Department of Energy or Corps of 

10 Engineers, Civil, shall be used to initiate or resume any 

11 program, project, or activity or to initiate Requests For 

12 Proposals or similar arrangements (including Requests for 

13 Quotations, Requests for Information, and Funding Op14 portunity Announcements) for a program, project, or ac15 tivity if the program, project, or activity has not been 

16 funded by Congress, unless prior approval is received from 

17 the Committees on Appropriations of the House of Rep18 resentatives and the Senate. 

19 SEC. 1419. No funds made available by this division 

20 or any other Act may be used by the Nuclear Regulatory 

21 Commission to conduct closure of adjudicatory functions, 

22 technical review, or support activities associated with the 

23 Yucca Mountain geologic repository license application 

24 until the Commission reverses ASLB decision LBP–10– 

25 11. 
215 

•HR 1 EH

1 SEC. 1420. Notwithstanding section 1101, the level 

2 for ‘‘Independent Agencies, Appalachian Regional Com3 mission’’ shall be $68,400,000. 

4 SEC. 1421. Notwithstanding section 1101, the level 

5 for ‘‘Independent Agencies, Delta Regional Authority’’ 

6 shall be $11,700,000. 

7 SEC. 1422. Notwithstanding section 1101, the level 

8 for ‘‘Independent Agencies, Denali Commission’’ shall be 

9 $10,800,000. 

10 SEC. 1423. Notwithstanding section 1101, the level 

11 for ‘‘Independent Agencies, Northern Border Regional 

12 Commission’’ shall be $0. 

13 SEC. 1424. Notwithstanding section 1101, the level 

14 for ‘‘Independent Agencies, Southeast Crescent Regional 

15 Commission’’ shall be $0. 

16 SEC. 1425. The total principal amount for commit17 ments to guarantee loans for eligible projects (other than 

18 nuclear power facilities and front-end nuclear facilities) 

19 under the heading ‘‘Department of Energy, Title 17 Inno20 vative Technology Loan Guarantee Authority Loan Pro21 gram’’, in title III of division C of Public Law 111–8, is 

22 hereby reduced by $25,000,000,000. 

23 SEC. 1426. Of the unobligated balances of funds 

24 transferred to ‘‘Department of the Interior, Bureau of 

25 Reclamation, Water and Related Resources’’ for desert 
216 

•HR 1 EH

1 terminal lakes under section 2507 of the Farm Security 

2 and Rural Investment Act of 2002 (43 U.S.C. 2211 note), 

3 $115,000,000 is rescinded. 

4 SEC. 1427. Of the unobligated balances available for 

5 ‘‘Corps of Engineers—Civil, Department of the Army, 

6 Mississippi River and Tributaries’’, $21,000,000 is re7 scinded, to be derived by cancelling unobligated balances 

8 for the Yazoo Basin, Backwater Pump, Mississippi 

9 project. 

10 SEC. 1428. Notwithstanding section 1101, the level 

11 for ‘‘Corps of Engineers—Civil, Department of the Army, 

12 Investigations’’ shall be $104,000,000. 

13 SEC. 1429. Notwithstanding section 1101, the level 

14 for ‘‘Corps of Engineers—Civil, Department of the Army, 

15 Construction’’ shall be $1,690,000,000. 

16 SEC. 1430. Notwithstanding section 1101, the level 

17 for ‘‘Corps of Engineers—Civil, Department of the Army, 

18 Mississippi River and Tributaries’’ shall be $239,600,000. 

19 SEC. 1431. Notwithstanding section 1101, the level 

20 for ‘‘Corps of Engineers—Civil, Department of the Army, 

21 Operation and Maintenance’’ shall be $2,361,000,000. 

22 SEC. 1432. Notwithstanding section 1101, the level 

23 for ‘‘Corps of Engineers—Civil, Department of the Army, 

24 Formerly Utilized Sites Remedial Action Program’’ shall 

25 be $130,000,000. 
217 

•HR 1 EH

1 SEC. 1433. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, Bureau of Reclamation, 

3 Water and Related Resources’’ shall be $913,500,000 (re4 duced by $1,897,000). 

5 SEC. 1434. Notwithstanding section 1101, the level 

6 for ‘‘Department of Energy, Energy Programs, Energy 

7 Efficiency and Renewable Energy’’ shall be 

8 $1,467,400,000: Provided, That none of the funds made 

9 available by this division may be used for the Weatheriza10 tion Assistance Program authorized under part A of title 

11 IV of the Energy Conservation and Production Act (42 

12 U.S.C. 6861 et seq.) or the State Energy Program author13 ized under part D of title III of the Energy Policy and 

14 Conservation Act (42 U.S.C. 6321 et seq.). 

15 SEC. 1435. Notwithstanding section 1101, the level 

16 for ‘‘Department of Energy, Energy Programs, Electricity 

17 Delivery and Energy Reliability’’ shall be $139,000,000. 

18 SEC. 1436. Notwithstanding section 1101, the level 

19 for ‘‘Department of Energy, Energy Programs, Nuclear 

20 Energy’’ shall be $661,100,000. 

21 SEC. 1437. Notwithstanding section 1101, the level 

22 for ‘‘Department of Energy, Energy Programs, Fossil En23 ergy Research and Development’’ shall be $586,600,000. 
218 

•HR 1 EH

1 SEC. 1438. Notwithstanding section 1101, the level 

2 for ‘‘Department of Energy, Energy Programs, Strategic 

3 Petroleum Reserve’’ shall be $138,900,000. 

4 SEC. 1439. Notwithstanding section 1101, the level 

5 for ‘‘Department of Energy, Energy Programs, Energy 

6 Information Administration’’ shall be $95,600,000. 

7 SEC. 1440. Notwithstanding section 1101, the level 

8 for ‘‘Department of Energy, Energy Programs, Non-De9 fense Environmental Cleanup’’ shall be $225,200,000. 

10 SEC. 1441. Notwithstanding section 1101, the level 

11 for ‘‘Department of Energy, Energy Programs, Uranium 

12 Enrichment Decontamination and Decommissioning 

13 Fund’’ shall be $513,900,000. 

14 SEC. 1442. Notwithstanding section 1101, the level 

15 for ‘‘Department of Energy, Energy Programs, Science’’ 

16 shall be $4,017,700,000: Provided, That of the amount 

17 provided by this division for ‘‘Department of Energy, En18 ergy Programs, Science’’, not more than $302,000,000 

19 shall be for biological and environmental research author20 ized under subtitle G of title IX of the Energy Policy Act 

21 of 2005 (42 U.S.C. 16311 et seq.). 

22 SEC. 1443. Notwithstanding section 1101, the level 

23 for ‘‘Department of Energy, Energy Programs, Depart24 mental Administration’’ shall be $148,900,000. 
219 

•HR 1 EH

1 SEC. 1444. Notwithstanding section 1101, the level 

2 for ‘‘Department of Energy, Energy Programs, Advanced 

3 Technology Vehicles Manufacturing Loan Program’’ shall 

4 be $9,998,000. 

5 SEC. 1445. Notwithstanding section 1101, the level 

6 for ‘‘Department of Energy, Atomic Energy Defense Ac7 tivities, National Nuclear Security Administration, Weap8 ons Activities’’ shall be $6,696,400,000. 

9 SEC. 1446. Notwithstanding section 1101, the level 

10 for ‘‘Department of Energy, Atomic Energy Defense Ac11 tivities, National Nuclear Security Administration, De12 fense Nuclear Nonproliferation’’ shall be $2,085,200,000. 

13 SEC. 1447. Notwithstanding section 1101, the level 

14 for ‘‘Department of Energy, Atomic Energy Defense Ac15 tivities, National Nuclear Security Administration, Naval 

16 Reactors’’ shall be $967,100,000. 

17 SEC. 1448. Notwithstanding section 1101, the level 

18 for ‘‘Department of Energy, Atomic Energy Defense Ac19 tivities, National Nuclear Security Administration, Office 

20 of the Administrator’’ shall be $407,800,000. 

21 SEC. 1449. Notwithstanding section 1101, the level 

22 for ‘‘Department of Energy, Environmental and Other 

23 Defense Activities, Defense Environmental Cleanup’’ shall 

24 be $5,016,041,000, of which $33,700,000 shall be trans-
220 

•HR 1 EH

1 ferred to the ‘‘Uranium Enrichment Decontamination and 

2 Decommissioning Fund’’. 

3 SEC. 1450. Notwithstanding section 1101, the level 

4 for ‘‘Department of Energy, Environmental and Other 

5 Defense Activities, Other Defense Activities’’ shall be 

6 $773,400,000. 

7 SEC. 1451. Of the unobligated balances from prior 

8 year appropriations available for ‘‘Corps of Engineers— 

9 Civil, Department of the Army, Construction’’, 

10 $100,000,000 is rescinded. 

11 SEC. 1452. Of the unobligated balances from prior 

12 year appropriations available for ‘‘Department of Energy, 

13 Energy Programs, Energy Efficiency and Renewable En14 ergy’’, $11,200,000 is rescinded. 

15 SEC. 1453. Of the unobligated balances from prior 

16 year appropriations available for ‘‘Department of Energy, 

17 Energy Programs, Electricity Delivery and Energy Reli18 ability’’, $2,400,000 is rescinded. 

19 SEC. 1454. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Department of Energy, 

21 Energy Programs, Nuclear Energy’’, $6,300,000 is re22 scinded. 

23 SEC. 1455. Of the unobligated balances from prior 

24 year appropriations available for ‘‘Department of Energy, 
221 

•HR 1 EH

1 Energy Programs, Fossil Energy Research and Develop2 ment’’, $30,600,000 is rescinded. 

3 SEC. 1456. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Energy Programs, Naval Petroleum and Oil Shale Re6 serves’’, $2,100,000 is rescinded. 

7 SEC. 1457. Of the unobligated balances from prior 

8 year appropriations available for ‘‘Department of Energy, 

9 Energy Programs, Clean Coal Technology’’, $18,000,000 

10 is rescinded. 

11 SEC. 1458. Of the unobligated balances from prior 

12 year appropriations available for ‘‘Department of Energy, 

13 Energy Programs, Strategic Petroleum Reserve’’, 

14 $15,300,000 is rescinded. 

15 SEC. 1459. Of the unobligated balances from prior 

16 year appropriations available for ‘‘Department of Energy, 

17 Energy Programs, Energy Information Administration’’, 

18 $400,000 is rescinded. 

19 SEC. 1460. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Department of Energy, 

21 Energy Programs, Non-Defense Environmental Cleanup’’, 

22 $900,000 is rescinded. 

23 SEC. 1461. Of the unobligated balances from prior 

24 year appropriations available for ‘‘Department of Energy, 
222 

•HR 1 EH

1 Energy Programs, Uranium Enrichment Decontamination 

2 and Decommissioning Fund’’, $10,000,000 is rescinded. 

3 SEC. 1462. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Energy Programs, Science’’, $7,200,000 is rescinded. 

6 SEC. 1463. Of the unobligated balances from prior 

7 year appropriations available for ‘‘Department of Energy, 

8 Energy Programs, Nuclear Waste Disposal’’, $2,800,000 

9 is rescinded. 

10 SEC. 1464. Of the unobligated balances from prior 

11 year appropriations available for ‘‘Department of Energy, 

12 Energy Programs, Departmental Administration’’, 

13 $11,900,000 is rescinded. 

14 SEC. 1465. Of the unobligated balances from prior 

15 year appropriations available for ‘‘Department of Energy, 

16 Atomic Energy Defense Activities, National Nuclear Secu17 rity Administration, Defense Nuclear Nonproliferation’’, 

18 $45,500,000 is rescinded. 

19 SEC. 1466. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Department of Energy, 

21 Atomic Energy Defense Activities, National Nuclear Secu22 rity Administration, Naval Reactors’’, $1,200,000 is re23 scinded. 

24 SEC. 1467. Of the unobligated balances from prior 

25 year appropriations available for ‘‘Department of Energy, 
223 

•HR 1 EH

1 Atomic Energy Defense Activities, National Nuclear Secu2 rity Administration, Office of the Administrator’’, 

3 $4,400,000 is rescinded. 

4 SEC. 1468. Of the unobligated balances from prior 

5 year appropriations available for ‘‘Department of Energy, 

6 Environmental and Other Defense Activities, Defense En7 vironmental Cleanup’’, $11,900,000 is rescinded. 

8 SEC. 1469. Of the unobligated balances from prior 

9 year appropriations available for ‘‘Department of Energy, 

10 Environmental and Other Defense Activities, Other De11 fense Activities’’, $3,400,000 is rescinded. 

12 SEC. 1470. Of the unobligated balances from prior 

13 year appropriations available for ‘‘Independent Agencies, 

14 Delta Regional Authority’’, $6,000,000 is rescinded. 

15 SEC. 1471. Of the unobligated balances from prior 

16 year appropriations available for ‘‘Independent Agencies, 

17 Denali Commission’’, $15,000,000 is rescinded. 

18 SEC. 1472. Within 30 days of enactment of this divi19 sion, the Department of Energy; Corps of Engineers, 

20 Civil; Nuclear Regulatory Commission; and Bureau of 

21 Reclamation shall submit to the Committees on Appro22 priations of the House of Representatives and the Senate 

23 a spending, expenditure, or operating plan for fiscal year 

24 2011 at a level of detail below the account level. 
224 

•HR 1 EH

1 SEC. 1473. No rescission made in this title shall 

2 apply to any amount previously designated by the Con3 gress as an emergency requirement pursuant to a concur4 rent resolution on the budget or the Balanced Budget and 

5 Emergency Deficit Control Act of 1985. 

6 SEC. 1474. None of the funds made available by this 

7 division or prior appropriation Acts (other than Public 

8 Law 111–5) for Energy and Water Development may be 

9 used to pay the costs of employment (such as pay and 

10 benefits), or termination (such as severance pay), of any 

11 employee of the Department of Energy who is appointed, 

12 employed, or retained under the authority of, or using 

13 funds provided by, Public Law 111–5, or whose functions 

14 or operations (including programmatic or oversight re15 sponsibilities) are substantially or entirely funded under 

16 Public Law 111–5. 

17 SEC. 1475. (a) None of the funds made available by 

18 this Act may be used to implement— 

19 (1) Reasonable and Prudent Action Component 

20 1, Reasonable and Prudent Action Component 2, or 

21 Reasonable and Prudent Action Component 3 de22 scribed in the biological opinion for the operations of 

23 the Central Valley Project and the California State 

24 Water Project issued by the United States Fish and 

25 Wildlife Service and dated December 15, 2008; or 
225 

•HR 1 EH

1 (2) Reasonable and Prudent Action IV.2.1 or 

2 Reasonable and Prudent Action IV.2.3 described in 

3 the biological opinion for the operations of the Cen4 tral Valley Project and the California State Water 

5 Project issued by the National Marine Fisheries 

6 Service and dated June 4, 2009. 

7 (b) None of the funds made available by this Act may 

8 be used to implement section 10004, 10005, 10006, 

9 10009, or 10011 of Public Law 111–11. 

10 TITLE V—FINANCIAL SERVICES AND GENERAL 

11 GOVERNMENT 

12 SEC. 1501. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Treasury, Departmental Offices, 

14 Salaries and Expenses’’ shall be $299,888,000, of which 

15 $102,613,000 shall be for terrorism and financial intel16 ligence activities, and the requirements to transfer funds 

17 to the National Academy of Science and the funding des18 ignations related to executive direction program activities, 

19 economic policies and program activities, financial policies 

20 and program activities, Treasury-wide management poli21 cies and program activities, and administration program 

22 activities shall not apply to funds appropriated by this di23 vision. 

24 SEC. 1502. Notwithstanding section 1101, the level 

25 for ‘‘Department of the Treasury, Departmental Offices, 
226 

•HR 1 EH

1 Department-wide Systems and Capital Investment Pro2 grams’’ shall be $4,000,000. 

3 SEC. 1503. Notwithstanding section 1101, the level 

4 for ‘‘Department of Treasury, Office of Inspector General, 

5 Salaries and Expenses’’ shall be $29,403,000. 

6 SEC. 1504. Notwithstanding section 1101, the level 

7 for ‘‘Department of the Treasury, Departmental Offices, 

8 Special Inspector General for the Troubled Asset Relief 

9 Program, Salaries and Expenses’’ shall be $36,300,000. 

10 SEC. 1505. Notwithstanding section 1101, the level 

11 for ‘‘Department of Treasury, Financial Crimes Enforce12 ment Network, Salaries and Expenses’’ shall be 

13 $108,927,000. 

14 SEC. 1506. Notwithstanding section 1101, the level 

15 for ‘‘Department of the Treasury, Financial Management 

16 Service, Salaries and Expenses’’ shall be $232,838,000. 

17 SEC. 1507. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Treasury, Bureau of the Public 

19 Debt, Administering the Public Debt’’ shall be 

20 $184,658,000. 

21 SEC. 1508. Of the unobligated balances available 

22 under the heading ‘‘Department of the Treasury, Treas23 ury Forfeiture Fund’’, $400,000,000 is rescinded. 

24 SEC. 1509. Notwithstanding section 1101, the level 

25 for ‘‘Department of the Treasury, Alcohol and Tobacco 
227 

•HR 1 EH

1 Tax and Trade Bureau, Salaries and Expenses’’ shall be 

2 $99,831,000, and the first proviso under such heading 

3 shall not apply to funds appropriated by this division. 

4 SEC. 1510. Notwithstanding section 1101, the level 

5 for ‘‘Department of the Treasury, Community Develop6 ment Financial Institutions Fund Program Account’’ shall 

7 be $50,000,000 for financial assistance, technical assist8 ance, training outreach programs, and administrative ex9 penses, of which not less than $2,500,000 shall be for pro10 grams under sections 105 through 109 of the Community 

11 Development Banking and Financial Institutions Act of 

12 1994 (12 U.S.C. 4704–4708) designed to benefit Native 

13 communities; and the requirement to transfer funds to the 

14 Capital Magnet Fund and the funding designations for 

15 pilot project grants and administration shall not apply to 

16 funds appropriated by this division. 

17 SEC. 1511. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Treasury, Internal Revenue Serv19 ice, Taxpayer Services’’ shall be $2,187,836,000. 

20 SEC. 1512. Notwithstanding section 1101, the level 

21 for ‘‘Department of the Treasury, Internal Revenue Serv22 ice, Enforcement’’ shall be $5,219,016,000. 

23 SEC. 1513. Notwithstanding section 1101, the level 

24 for ‘‘Department of the Treasury, Internal Revenue Serv25 ice, Operations Support’’ shall be $3,856,894,000, and the 
228 

•HR 1 EH

1 funding designations for tax enforcement under such 

2 heading shall not apply to funds appropriated by this divi3 sion. 

4 SEC. 1514. Notwithstanding section 1101, and sec5 tion 101 of division C of Public Law 111–117, the Sec6 retary of the Treasury is authorized to transfer up to 

7 $83,211,000 of the funds appropriated to the Internal 

8 Revenue Service for ‘‘Enforcement’’ and ‘‘Operations Sup9 port’’ to ‘‘Business Systems Modernization’’ upon notifica10 tion and approval of the House and Senate Committees 

11 on Appropriations. 

12 SEC. 1515. Notwithstanding section 1101, section 

13 105 of division C of Public Law 111–117 shall not apply 

14 to funds appropriated by this division. 

15 SEC. 1516. None of the funds made available by this 

16 division may be used by the Internal Revenue Service to 

17 implement or enforce any amendment made to section 

18 6041 of the Internal Revenue Code of 1986 by section 

19 9006 of the Patient Protection and Affordable Care Act 

20 (Public Law 111–148). 

21 SEC. 1517. (a) During fiscal year 2011, the Board 

22 of Governors of the Federal Reserve may not transfer 

23 more than $80,000,000 to the Bureau of Consumer Fi24 nancial Protection for activities authorized to be carried 
229 

•HR 1 EH

1 out by the Bureau under title X of the Dodd-Frank Wall 

2 Street Reform and Consumer Protection Act. 

3 (b) During fiscal year 2011, the Bureau of Consumer 

4 Financial Protection may not obligate more than 

5 $80,000,000 for such activities. 

6 SEC. 1518. Notwithstanding section 1101, the level 

7 for ‘‘Executive Office of the President and Funds Appro8 priated to the President, The White House, Salaries and 

9 Expenses’’ shall be $56,186,000. 

10 SEC. 1519. Notwithstanding section 1101, the level 

11 for ‘‘Executive Office of the President and Funds Appro12 priated to the President, Executive Residence at the White 

13 House, Operating Expenses’’ shall be $13,146,000. 

14 SEC. 1520. Notwithstanding section 1101, the level 

15 for ‘‘Executive Office of the President and Funds Appro16 priated to the President, White House Repair and Res17 toration’’ shall be $2,005,000. 

18 SEC. 1521. Of the unobligated balances available for 

19 ‘‘Executive Office of the President and Funds Appro20 priated to the President, Office of National Drug Control 

21 Policy, Counterdrug Technology Assessment Center’’, 

22 $5,000,000 is rescinded. 

23 SEC. 1522. Notwithstanding section 1101, the level 

24 for ‘‘Executive Office of the President and Funds Appro-
230 

•HR 1 EH

1 priated to the President, Council of Economic Advisors, 

2 Salaries and Expenses’’ shall be $3,990,000. 

3 SEC. 1523. Notwithstanding section 1101, the level 

4 for ‘‘Executive Office of the President and Funds Appro5 priated to the President, National Security Council, Sala6 ries and Expenses’’ shall be $11,619,000. 

7 SEC. 1524. Notwithstanding section 1101, the level 

8 for ‘‘Executive Office of the President and Funds Appro9 priated to the President, Office of Administration, Sala10 ries and Expenses’’ shall be $109,516,000. 

11 SEC. 1525. Notwithstanding section 1101, the level 

12 for ‘‘Executive Office of the President and Funds Appro13 priated to the President, Office of Management and Budg14 et, Salaries and Expenses’’ shall be $88,220,000. 

15 SEC. 1526. Notwithstanding section 1101, the level 

16 for ‘‘Executive Office of the President and Funds Appro17 priated to the President, Office of National Drug Control 

18 Policy, Salaries and Expenses’’ shall be $24,886,000. 

19 SEC. 1527. Of the unobligated balances available for 

20 ‘‘Executive Office of the President and Funds Appro21 priated to the President, Office of National Drug Control 

22 Policy, Salaries and Expenses’’ for policy research and 

23 evaluation, $2,000,000 is rescinded. 

24 SEC. 1528. Notwithstanding section 1101, the level 

25 for ‘‘Executive Office of the President and Funds Appro-
231 

•HR 1 EH

1 priated to the President, Office of National Drug Control 

2 Policy, Counterdrug Technology Assessment Center’’ shall 

3 be $0. 

4 SEC. 1529. Notwithstanding section 1101, the level 

5 for ‘‘Executive Office of the President and Funds Appro6 priated to President, Unanticipated Needs’’ shall be $0. 

7 SEC. 1530. Notwithstanding section 1101, the level 

8 for ‘‘Executive Office of the President and Funds Appro9 priated to the President, Partnership Fund for Program 

10 Integrity Innovation’’ shall be $0. 

11 SEC. 1531. Notwithstanding section 1101, the level 

12 for ‘‘Executive Office of the President and Funds Appro13 priated to the President, Special Assistance to the Presi14 dent, Salaries and Expenses’’ shall be $4,374,000. 

15 SEC. 1532. Notwithstanding section 1101, the level 

16 for ‘‘Executive Office of the President and Funds Appro17 priated to the President, Official Residence of the Vice 

18 President, Operating Expenses’’ shall be $314,000. 

19 SEC. 1533. Of the unobligated balances available for 

20 ‘‘Executive Office of the President and Funds Appro21 priated to the President, Partnership Fund for Program 

22 Integrity Innovation’’, $10,000,000 is rescinded. 

23 SEC. 1534. Notwithstanding section 1101, the level 

24 for ‘‘Executive Office of the President and Funds Appro25 priated to the President, Office of National Drug Control 
232 

•HR 1 EH

1 Policy, Other Federal Drug Control Programs’’ shall be 

2 $96,425,000, of which $85,500,000 shall be for the Drug3 Free Communities Program; $9,025,000 shall be for anti4 doping activities; and the matter related to a national 

5 media campaign, the National Drug Court Institute, the 

6 United States Anti-Doping Agency, Model State Drug 

7 Laws and performance measures shall not apply to the 

8 funds appropriated by this division. 

9 SEC. 1535. Notwithstanding section 1101, none of 

10 the funds appropriated by this division under heading 

11 ‘‘Executive Office of the President and Funds Appro12 priated to the President’’ shall be for an Assistant to the 

13 President for Energy and Climate Change, or any sub14 stantially similar position. 

15 SEC. 1536. Notwithstanding section 1101, none of 

16 the funds appropriated by this division under the heading 

17 ‘‘Executive Office of the President and Funds Appro18 priated to the President’’ shall be for the Director of the 

19 Office of Health Care Reform, or any substantially similar 

20 position. 

21 SEC. 1537. Notwithstanding section 1101, the level 

22 for ‘‘The Judiciary, Supreme Court of the United States, 

23 Care of the Building and Grounds’’ shall be $8,175,000. 

24 SEC. 1538. Notwithstanding section 1101, the level 

25 for ‘‘The Judiciary, Courts of Appeals, District Courts, 
233 

•HR 1 EH

1 and Other Judicial Services, Salaries and Expenses’’ shall 

2 be $4,860,585,000. 

3 SEC. 1539. Notwithstanding section 1101, the level 

4 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

5 and Other Judicial Services, Fees of Jurors and Commis6 sioners’’ shall be $52,410,000. 

7 SEC. 1540. Notwithstanding section 1101, the level 

8 for ‘‘The Judiciary, Administrative Office of the United 

9 States Courts, Salaries and Expenses’’ shall be 

10 $82,575,000. 

11 SEC. 1541. Notwithstanding section 1101, the level 

12 for ‘‘The Judiciary, Federal Judicial Center, Salaries and 

13 Expenses’’ shall be $27,078,000. 

14 SEC. 1542. Notwithstanding section 1101, the level 

15 for ‘‘The Judiciary, United States Sentencing Commis16 sion, Salaries and Expenses’’ shall be $16,737,000. 

17 SEC. 1543. Notwithstanding section 1101, the level 

18 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

19 and Other Judicial Services, Court Security’’ shall be 

20 $467,607,000. 

21 SEC. 1544. The amount included in the second para22 graph under the heading ‘‘The Judiciary, Courts of Ap23 peals, District Courts, and Other Judicial Services, Sala24 ries and Expenses’’ in division C of Public Law 111–117 
234 

•HR 1 EH

1 shall be applied to funds appropriated by this division by 

2 substituting ‘‘$4,785,000’’ for ‘‘$5,428,000’’. 

3 SEC. 1545. Of the unobligated balances available for 

4 ‘‘The Judiciary, United States Sentencing Commission, 

5 Salaries and Expenses’’, $100,000 is rescinded. 

6 SEC. 1546. Section 203(c) of the Judicial Improve7 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

8 note) is amended in the third sentence (relating to the 

9 District of Kansas) by striking ‘‘19 years’’ and inserting 

10 ‘‘20 years’’. 

11 SEC. 1547. Notwithstanding section 1101, the level 

12 for ‘‘District of Columbia, Federal Funds, Federal Pay13 ment to the District of Columbia Courts’’ shall be 

14 $235,660,000, of which $50,000,000 shall be for capital 

15 improvements. 

16 SEC. 1548. (a) Notwithstanding section 1101, the 

17 level for ‘‘District of Columbia, Federal Funds, Federal 

18 Payment for School Improvement’’ shall be $60,000,000, 

19 of which $24,500,000 shall be for the District of Columbia 

20 Public Schools, $20,000,000 shall be to expand quality 

21 public charter schools, and $15,500,000 shall be for op22 portunity scholarships, and the second reference to 

23 ‘‘$1,000,000’’ under such heading shall be applied to 

24 funds appropriated by this division by substituting ‘‘$0’’. 
235 

•HR 1 EH

1 (b) The authority and conditions provided in the Dis2 trict of Columbia Appropriations Act, 2010 (Public Law 

3 111–117; 123 Stat. 3181) under the heading described in 

4 subsection (a) shall apply with respect to the funds made 

5 available under this division, with the following modifica6 tions: 

7 (1) The first proviso under such heading shall 

8 not apply. 

9 (2) Notwithstanding the second proviso under 

10 such heading, the funds may be made available for 

11 scholarships to students, without regard to whether 

12 any student received a scholarship in any prior 

13 school year. 

14 (3) The fourth proviso under such heading shall 

15 not apply. 

16 (4) Notwithstanding the fifth proviso under 

17 such heading, the Secretary of Education shall en18 sure that site inspections of participating schools are 

19 conducted annually. 

20 SEC. 1549. Notwithstanding section 1101, the level 

21 for ‘‘District of Columbia, Federal Funds, Federal Pay22 ment to the District of Columbia Water and Sewer Au23 thority’’ shall be $10,000,000. 

24 SEC. 1550. Notwithstanding section 1101, the level 

25 for ‘‘District of Columbia, Federal Funds, Federal Pay-
236 

•HR 1 EH

1 ment to the Criminal Justice Coordinating Council’’ shall 

2 be $1,800,000. 

3 SEC. 1551. Notwithstanding section 1101, the level 

4 for ‘‘District of Columbia, Federal Funds, Federal Pay5 ment to the Office of the Chief Financial Officer for the 

6 District of Columbia’’ shall be $0. 

7 SEC. 1552. Notwithstanding section 1101, the level 

8 for ‘‘District of Columbia, Federal Funds, Federal Pay9 ment for Consolidated Laboratory Facility’’ shall be $0. 

10 SEC. 1553. Notwithstanding section 1101, the level 

11 for ‘‘District of Columbia, Federal Funds, Federal Pay12 ment for Housing for the Homeless’’ shall be 

13 $10,000,000. 

14 SEC. 1554. Notwithstanding section 1101, the level 

15 for ‘‘District of Columbia, Federal Funds, Federal Pay16 ment for Youth Services’’ shall be $0. 

17 SEC. 1555. Notwithstanding any other provision of 

18 this division, except section 1106, the District of Columbia 

19 may expend local funds for programs and activities under 

20 the heading ‘‘District of Columbia Funds’’ for such pro21 grams and activities under title IV of S. 3677 (111th Con22 gress), as reported by the Committee on Appropriations 

23 of the Senate, at the rate set forth under ‘‘District of Co24 lumbia Funds’’ as included in the Fiscal Year 2011 Budg-
237 

•HR 1 EH

1 et Request Act (D.C. Act 18–448), as modified as of the 

2 date of the enactment of this division. 

3 SEC. 1556. Notwithstanding section 1101, the level 

4 for ‘‘Independent Agencies, Christopher Columbus Fellow5 ship Foundation, Salaries and Expenses’’ shall be 

6 $500,000. 

7 SEC. 1557. Notwithstanding section 1101, the level 

8 for ‘‘Independent Agencies, Election Assistance Commis9 sion, Election Reform Programs’’ shall be $0. 

10 SEC. 1558. Notwithstanding section 1101, the level 

11 for ‘‘Independent Agencies, General Service Administra12 tion, General Activities, Government-Wide Policy’’ shall be 

13 $59,068,000. 

14 SEC. 1559. Notwithstanding section 1101, the level 

15 for ‘‘Independent Agencies, Federal Deposit Insurance 

16 Corporation, Office of the Inspector General’’ shall be 

17 $42,942,000. 

18 SEC. 1560. Notwithstanding section 1101, the level 

19 for ‘‘Independent Agencies, Federal Labor Relations Au20 thority, Salaries and Expenses’’ shall be $24,500,000. 

21 SEC. 1561. Notwithstanding section 1101, the level 

22 for ‘‘Independent Agencies, General Services Administra23 tion, Electronic Government Fund’’ shall be $2,000,000. 

24 SEC. 1562. Notwithstanding section 1101, the level 

25 for ‘‘Independent Agencies, General Services Administra-
238 

•HR 1 EH

1 tion, Federal Citizen Services Fund’’ shall be 

2 $34,689,000. 

3 SEC. 1563. Notwithstanding section 1101, the level 

4 for ‘‘Independent Agencies, Federal Election Commission, 

5 Salaries and Expenses’’ shall be $65,835,000. 

6 SEC. 1564. Notwithstanding section 1101, the level 

7 for ‘‘Independent Agencies, Federal Trade Commission, 

8 Salaries and Expenses’’ shall be $288,783,000. 

9 SEC. 1565. Notwithstanding section 1101, the level 

10 for ‘‘Independent Agencies, Morris K. Udall and Stewart 

11 Udall Foundation, Morris K. Udall and Stewart Udall 

12 Trust Fund’’ shall be $1,000,000. 

13 SEC. 1566. Notwithstanding section 1101, the level 

14 for ‘‘Independent Agencies, National Credit Union Admin15 istration, Community Development Revolving Loan Fund’’ 

16 shall be $500,000. 

17 SEC. 1567. Notwithstanding section 1101, the level 

18 for ‘‘Independent Agencies, Privacy and Civil Liberties 

19 Oversight Board, Salaries and Expenses’’ shall be 

20 $100,000. 

21 SEC. 1568. Notwithstanding section 1101, the level 

22 for ‘‘Independent Agencies, Consumer Product Safety 

23 Commission, Salaries and Expenses’’ shall be 

24 $115,018,000, of which $500,000 shall be for the Virginia 

25 Graeme Baker Pool and Spa Safety Act grant program. 
239 

•HR 1 EH

1 SEC. 1569. Of the unobligated balances available 

2 under the heading ‘‘Independent Agencies, Consumer 

3 Product Safety Commission, Salaries and Expenses’’ for 

4 the Virginia Graeme Baker Pool and Spa Safety Act grant 

5 program, $2,000,000 is rescinded. 

6 SEC. 1570. Notwithstanding section 1101, the level 

7 for ‘‘Independent Agencies, Election Assistance Commis8 sion, Salaries and Expenses’’ shall be $15,020,000, of 

9 which $2,345,000 shall be transferred to the National In10 stitute of Standards and Technology for election reform 

11 activities authorized under the Help America Vote Act of 

12 2002 (Public Law 107–252), the level under such heading 

13 for the Help America Vote College Program shall be $0, 

14 and the level under such heading for a competitive grant 

15 program to support community involvement in student 

16 and parent mock elections shall be $0. 

17 SEC. 1571. Of the unobligated balances available for 

18 ‘‘Independent Agencies, Election Assistance Commission, 

19 Election Reform Programs’’, $5,000,000 is rescinded. 

20 SEC. 1572. Notwithstanding section 1101, the aggre21 gate amount of new obligational authority provided under 

22 the heading ‘‘Independent Agencies, General Services Ad23 ministration, Real Property Activities, Federal Buildings 

24 Fund, Limitations on Availability of Revenue’’ for Federal 

25 buildings and courthouses and other purposes of the Fund 
240 

•HR 1 EH

1 shall be $7,428,007,000, of which: (1) $0 is for ‘‘Con2 struction and Acquisition’’; and (2) $280,000,000 is for 

3 ‘‘Repairs and Alterations’’, of which $260,000,000 is for 

4 basic repairs and alterations and $20,000,000 is for fire 

5 and life safety programs. 

6 SEC. 1573. Notwithstanding section 1101, the level 

7 for ‘‘Independent Agencies, General Services Administra8 tion, General Activities, Operating Expenses’’ shall be 

9 $71,381,000 and matters pertaining to the amount of 

10 $1,000,000 shall not apply to funds appropriated by this 

11 division. 

12 SEC. 1574. Notwithstanding section 1101, the level 

13 for ‘‘Independent Agencies, National Archives and 

14 Records Administration, Operating Expenses’’ shall be 

15 $336,372,000. 

16 SEC. 1575. Notwithstanding section 1101, the level 

17 for ‘‘Independent Agencies, National Archives and 

18 Records Administration, Electronic Records Archives’’ 

19 shall be $72,000,000, of which $52,500,000 shall remain 

20 available until September 30, 2013. 

21 SEC. 1576. Notwithstanding section 1101, the level 

22 for ‘‘Independent Agencies, National Archives and 

23 Records Administration, Repairs and Restoration’’ shall 

24 be $11,730,000. 
241 

•HR 1 EH

1 SEC. 1577. Notwithstanding section 1101, the level 

2 for ‘‘Independent Agencies, National Archives and 

3 Records Administration, National Historical Publications 

4 and Records Commission, Grants Program’’ shall be 

5 $4,000,000. 

6 SEC. 1578. Of the unobligated balances available 

7 under the heading ‘‘Independent Agencies, National Ar8 chives and Records Administration, Repairs and Restora9 tion’’ $3,198,000 is rescinded, which shall be derived from 

10 amounts made available for a new regional archives and 

11 records facility in Anchorage, Alaska. 

12 SEC. 1579. The amounts included under the heading 

13 ‘‘Independent Agencies, Merit Systems Protection Board, 

14 Salaries and Expenses’’ in division C of Public Law 111– 

15 117 shall be applied to funds appropriated by this division 

16 by substituting ‘‘$39,000,000’’ for ‘‘$40,339,000’’. 

17 SEC. 1580. The amounts included under the heading 

18 ‘‘Independent Agencies, Office of Personnel Management, 

19 Salaries and Expenses’’ in division C of Public Law 111– 

20 117 shall be applied to funds appropriated by this division 

21 as follows: 

22 (1) By substituting ‘‘$101,270,000’’ for 

23 ‘‘$102,970,000’’. 

24 (2) By substituting ‘‘$111,038,000’’ for 

25 ‘‘$112,738,000’’. 
242 

•HR 1 EH

1 SEC. 1581. The amounts included under the heading 

2 ‘‘Independent Agencies, Office of Personnel Management, 

3 Office of Inspector General’’ in division C of Public Law 

4 111–117 shall be applied to funds appropriated by this 

5 division as follows: 

6 (1) By substituting ‘‘$2,136,000’’ for 

7 ‘‘$3,148,000’’. 

8 (2) By substituting ‘‘20,428,000’’ for 

9 ‘‘21,215,000’’. 

10 SEC. 1582. Notwithstanding section 1101, the level 

11 for ‘‘Independent Agencies, Office of Special Counsel, Sal12 aries and Expenses’’ shall be $18,300,000. 

13 SEC. 1583. Of the unobligated balances available for 

14 ‘‘Independent Agencies, Privacy and Civil Liberties Over15 sight Board, Salaries and Expenses’’, $1,500,000 is re16 scinded. 

17 SEC. 1584. Notwithstanding section 1101, the level 

18 provided under section 523 of division C of Public Law 

19 111–117 shall be $0. 

20 SEC. 1585. Notwithstanding section 1101, the level 

21 for ‘‘Independent Agencies, Small Business Administra22 tion, Salaries and Expenses’’ shall be $408,438,000. 

23 SEC. 1586. The amounts included under the heading 

24 ‘‘Independent Agencies, United States Postal Service, 

25 Payment to the Postal Service Fund’’ in division C of Pub-
243 

•HR 1 EH

1 lic Law 111–117 shall be applied to funds appropriated 

2 by this division as follows: 

3 (1) By substituting ‘‘$103,905,000’’ for 

4 ‘‘$118,328,000’’. 

5 (2) By substituting ‘‘$74,905,000’’ for 

6 ‘‘$89,328,000’’. 

7 (3) By substituting ‘‘2011’’ for ‘‘2010’’. 

8 SEC. 1587. Notwithstanding section 1101, the level 

9 for ‘‘Independent Agencies, Securities and Exchange Com10 mission, Salaries and Expenses’’ shall be $1,069,916,000 

11 and the proviso pertaining to prior year unobligated bal12 ances shall not apply to funds appropriated by this divi13 sion. 

14 SEC. 1588. Notwithstanding section 1101, the level 

15 for ‘‘Independent Agencies, Selective Service System, Sal16 aries and Expenses’’ shall be $24,032,000. 

17 SEC. 1589. Notwithstanding section 1101, the level 

18 for ‘‘Independent Agencies, United States Tax Court, Sal19 aries and Expenses’’ shall be $52,093,000, of which 

20 $2,852,000 shall be for security improvements. 

21 SEC. 1590. Section 814 of division C of Public Law 

22 111–117 shall be applied to funds appropriated by this 

23 division by striking ‘‘Federal’’. 

24 SEC. 1591. (a) Notwithstanding section 1101, and 

25 section 810 of division C of Public Law 111–117, none 
244 

•HR 1 EH

1 of the funds contained in this division may be used for 

2 any program of distributing sterile needles or syringes for 

3 the hypodermic injection of any illegal drug. 

4 (b) Any individual or entity who receives any funds 

5 contained in this division and who carries out any program 

6 described in subsection (a) shall account for all funds used 

7 for such program separately from any funds contained in 

8 this division. 

9 TITLE VI—HOMELAND SECURITY 

10 SEC. 1601. Within 30 days after the date of enact11 ment of this division, the Department of Homeland Secu12 rity shall submit to the Committees on Appropriations of 

13 the Senate and the House of Representatives an expendi14 ture plan for fiscal year 2011 that displays the level of 

15 funding by program, project, and activity consistent with 

16 the table of detailed funding recommendations contained 

17 at the end of the joint explanatory statement accom18 panying the Department of Homeland Security Appropria19 tions Act, 2010 (Public Law 111–83). 

20 SEC. 1602. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, Office of the Sec22 retary and Executive Management’’ shall be 

23 $136,818,000. 
245 

•HR 1 EH

1 SEC. 1603. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, Office of the 

3 Under Secretary for Management’’ shall be $239,933,000. 

4 SEC. 1604. Notwithstanding section 1101, the level 

5 for ‘‘Department of Homeland Security, Office of the 

6 Chief Information Officer’’ shall be $333,393,000, of 

7 which not less than $77,788,000 shall be available for data 

8 center development and migration. 

9 SEC. 1605. Notwithstanding section 1101, the level 

10 for ‘‘Department of Homeland Security, Office of the Fed11 eral Coordinator for Gulf Coast Rebuilding’’ shall be $0. 

12 SEC. 1606. Notwithstanding section 1101, the level 

13 for ‘‘Department of Homeland Security, U.S. Customs 

14 and Border Protection, Salaries and Expenses’’ shall be 

15 $8,212,626,000: Provided, That for fiscal year 2011, the 

16 Border Patrol shall maintain an active duty presence of 

17 not fewer than 20,500 full-time equivalent agents through18 out the fiscal year. 

19 SEC. 1607. Notwithstanding section 1101, the level 

20 for ‘‘Department of Homeland Security, U.S. Customs 

21 and Border Protection, Automation Modernization’’ shall 

22 be $341,575,000, of which $153,090,000 shall be for the 

23 Automated Commercial Environment. 

24 SEC. 1608. (a) Notwithstanding section 1101, the 

25 level for ‘‘Department of Homeland Security, U.S. Cus-
246 

•HR 1 EH

1 toms and Border Protection, Border Security Fencing, In2 frastructure, and Technology’’ shall be $450,000,000. 

3 (b) Paragraph (11) of the first proviso and the third 

4 and fourth provisos under the heading ‘‘Border Security 

5 Fencing, Infrastructure, and Technology’’ of Public Law 

6 111–83 shall not apply to funds appropriated by this divi7 sion. 

8 SEC. 1609. Notwithstanding section 1101, the level 

9 for ‘‘Department of Homeland Security, U.S. Customs 

10 and Border Protection, Air and Marine Interdiction, Oper11 ations, Maintenance, and Procurement’’ shall be 

12 $516,326,000. 

13 SEC. 1610. Notwithstanding section 1101, the level 

14 for ‘‘Department of Homeland Security, U.S. Customs 

15 and Border Protection, Construction and Facilities Man16 agement’’ shall be $241,040,000. 

17 SEC. 1611. Notwithstanding section 1101, the level 

18 for ‘‘Department of Homeland Security, U.S. Immigration 

19 and Customs Enforcement, Salaries and Expenses’’ shall 

20 be $5,399,894,000: Provided, That U.S. Immigration and 

21 Customs Enforcement shall maintain a level of not fewer 

22 than 33,400 detention beds throughout fiscal year 2011. 

23 SEC. 1612. Notwithstanding section 1101, the level 

24 for ‘‘Department of Homeland Security, U.S. Immigration 
247 

•HR 1 EH

1 and Customs Enforcement, Automation Modernization’’ 

2 shall be $75,000,000. 

3 SEC. 1613. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, U.S. Immigration 

5 and Customs Enforcement, Construction’’ shall be $0. 

6 SEC. 1614. Notwithstanding section 1101, the level 

7 for ‘‘Department of Homeland Security, Transportation 

8 Security Administration, Aviation Security’’ shall be 

9 $5,113,796,000: Provided, That the amounts included 

10 under such heading in Public Law 111–83 shall be applied 

11 to funds appropriated by this division as follows: by sub12 stituting ‘‘$5,113,796,000’’ for ‘‘$5,214,040,000’’; by 

13 substituting ‘‘$4,121,329,000’’ for ‘‘$4,358,076,000’’; by 

14 substituting ‘‘$607,891,000’’ for ‘‘$1,116,406,000’’; by 

15 substituting ‘‘$992,467,000’’ for ‘‘$855,964,000’’; by sub16 stituting ‘‘$291,266,000’’ for ‘‘$778,300,000’’; by sub17 stituting ‘‘9 percent’’ for ‘‘28 percent’’; and by sub18 stituting ‘‘$3,013,796,000’’ for ‘‘$3,114,040,000’’: Pro19 vided further, That none of the funds in this division may 

20 be used for any recruiting or hiring of personnel into the 

21 Transportation Security Administration that would cause 

22 the agency to exceed a staffing level of 46,000 full-time 

23 equivalent screeners: Provided further, That not later than 

24 August 15, 2011, the Secretary of Homeland Security 

25 shall submit a detailed report on: (1) the Department’s 
248 

•HR 1 EH

1 efforts and the resources being devoted to develop more 

2 advanced, integrated passenger screening technologies for 

3 the most effective security of passengers and baggage at 

4 the lowest possible operating and acquisition costs; and 

5 (2) how the Transportation Security Administration is de6 ploying its existing screener workforce in the most cost7 effective manner. 

8 SEC. 1615. Notwithstanding section 1101, the level 

9 for ‘‘Department of Homeland Security, Transportation 

10 Security Administration, Surface Transportation Secu11 rity’’ shall be $105,961,000. 

12 SEC. 1616. Notwithstanding section 1101, the level 

13 for ‘‘Department of Homeland Security, Transportation 

14 Security Administration, Transportation Threat Assess15 ment and Credentialing’’ shall be $162,999,000. 

16 SEC. 1617. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, Transportation 

18 Security Administration, Transportation Security Sup19 port’’ shall be $988,638,000: Provided, That within ‘‘De20 partment of Homeland Security, Transportation Security 

21 Administration, Transportation Security Support’’, fund22 ing for intelligence and international programs shall be no 

23 less than the level provided for such purposes for fiscal 

24 year 2010: Provided further, That within ‘‘Department of 

25 Homeland Security, Transportation Security Administra-
249 

•HR 1 EH

1 tion, Transportation Security Support’’, funding for head2 quarters administration and information technology shall 

3 not exceed $705,239,000. 

4 SEC. 1618. Notwithstanding section 1101, the level 

5 for ‘‘Department of Homeland Security, Transportation 

6 Security Administration, Federal Air Marshals’’ shall be 

7 $934,802,000. 

8 SEC. 1619. Notwithstanding section 1101, the level 

9 for ‘‘Department of Homeland Security, Coast Guard, Op10 erating Expenses’’ shall be $6,885,432,000 of which 

11 $241,503,000 is designated as being for contingency oper12 ations directly related to the global war on terrorism pur13 suant to section 3(c)(2) of H. Res. 5 (112th Congress), 

14 and as an emergency requirement pursuant to section 

15 403(a) of S. Con. Res. 13 (111th Congress): Provided, 

16 That the Coast Guard may decommission one Medium En17 durance Cutter, two High Endurance Cutters, four HU– 

18 25 aircraft, and one Maritime Safety and Security Team, 

19 and may make necessary staffing adjustments at the 

20 Coast Guard Investigative Service and other support 

21 units, as specified in the budget justification materials for 

22 fiscal year 2011 as submitted to the Committees on Ap23 propriations of the Senate and House of Representatives: 

24 Provided further, That the Coast Guard shall submit a fu25 ture-years capital investment plan, as specified in the De-
250 

•HR 1 EH

1 partment of Homeland Security Appropriations Act, 2010 

2 (Public Law 111–83), for fiscal years 2012 through 2016 

3 to the Committees on Appropriations of the Senate and 

4 House of Representatives in conjunction with the budget 

5 justification materials for fiscal year 2012. 

6 SEC. 1620. Notwithstanding section 1101, the level 

7 for ‘‘Department of Homeland Security, Coast Guard, Ac8 quisition, Construction, and Improvements’’ shall be 

9 $1,427,783,000, of which $42,000,000 shall be for vessels, 

10 small boats, critical infrastructure, and related equipment; 

11 of which $36,000,000 shall be for other equipment; of 

12 which $49,200,000 shall be for shore facilities and aids 

13 to navigation facilities; of which $106,083,000 shall be 

14 available for personnel compensation and benefits and re15 lated costs; and of which $1,194,500,000 shall be for the 

16 Integrated Deepwater Systems program: Provided, That 

17 of the funds made available for the Integrated Deepwater 

18 Systems program, $101,000,000 is for aircraft and 

19 $938,000,000 is for surface ships. 

20 SEC. 1621. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, Coast Guard, Al22 teration of Bridges’’ shall be $0. 

23 SEC. 1622. Notwithstanding section 1101, the level 

24 for ‘‘Department of Homeland Security, United States Se-
251 

•HR 1 EH

1 cret Service, Salaries and Expenses’’ shall be 

2 $1,499,669,000. 

3 SEC. 1623. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, National Protec5 tion and Programs Directorate, Management and Admin6 istration’’ shall be $43,577,000. 

7 SEC. 1624. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, National Protec9 tion and Programs Directorate, Infrastructure Protection 

10 and Information Security’’ shall be $805,965,000. 

11 SEC. 1625. Notwithstanding section 1101, the level 

12 for ‘‘Department of Homeland Security, National Protec13 tion and Programs Directorate, United States Visitor and 

14 Immigrant Status Indicator Technology’’ shall be 

15 $334,613,000. 

16 SEC. 1626. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, Office of Health 

18 Affairs’’ shall be $134,250,000. 

19 SEC. 1627. Notwithstanding section 1101, the level 

20 for ‘‘Department of Homeland Security, Federal Emer21 gency Management Agency, Management and Administra22 tion’’ shall be $773,350,000, of which $0 shall be for cap23 ital improvements at the Mount Weather Emergency Op24 erations Center. 
252 

•HR 1 EH

1 SEC. 1628. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, Federal Emer3 gency Management Agency, State and Local Programs’’ 

4 shall be $2,149,500,000: Provided, That of the amount 

5 provided by this division for the State Homeland Security 

6 Grant Program under such heading, $50,000,000 shall be 

7 for the Driver’s License Security Grant Program and 

8 $10,000,000 shall be for the Citizen Corps Program: Pro9 vided further, That the amounts provided by this division 

10 for the Citizen Corps Program under such heading shall 

11 not be subject to the requirements of subtitle A of title 

12 XX of the Homeland Security Act of 2002 (6 U.S.C. 603 

13 et seq.): Provided further, That the amounts included 

14 under such heading in Public Law 111–83 shall be applied 

15 to funds appropriated by this division as follows: in para16 graph (1), by substituting ‘‘$900,000,000’’ for 

17 ‘‘$950,000,000’’; in paragraph (2), by substituting 

18 ‘‘$800,000,000’’ for ‘‘$887,000,000’’; in paragraph (3), 

19 by substituting ‘‘$0’’ for ‘‘$35,000,000’’; in paragraph 

20 (5), by substituting ‘‘$0’’ for ‘‘$13,000,000’’; in para21 graph (6), by substituting ‘‘$100,000,000’’ for 

22 ‘‘$300,000,000’’; in paragraph (7), by substituting 

23 ‘‘$100,000,000’’ for ‘‘$300,000,000’’; in paragraph (8), 

24 by substituting ‘‘$5,000,000’’ for ‘‘$12,000,000’’; in para25 graph (9), by substituting ‘‘$0’’ for ‘‘$50,000,000’’; in 
253 

•HR 1 EH

1 paragraph (10), by substituting ‘‘$0’’ for ‘‘$50,000,000’’; 

2 in paragraph (11), by substituting ‘‘$0’’ for 

3 ‘‘$50,000,000’’; in paragraph (12), by substituting ‘‘$0’’ 

4 for each amount in such paragraph; in paragraph (13), 

5 by substituting ‘‘$203,500,000’’ for ‘‘$267,200,000’’; in 

6 paragraph (13)(A), by substituting ‘‘$112,500,000’’ for 

7 ‘‘$164,500,000’’; in paragraph (13)(B), by substituting 

8 ‘‘$0’’ for ‘‘$1,700,000’’; and in paragraph (13)(C), by sub9 stituting ‘‘$0’’ for ‘‘$3,000,000’’: Provided further, That 

10 4.5 percent of the amount provided for ‘‘Department of 

11 Homeland Security, Federal Emergency Management 

12 Agency, State and Local Programs’’ by this division shall 

13 be transferred to ‘‘Department of Homeland Security, 

14 Federal Emergency Management Agency, Management 

15 and Administration’’ for program administration. 

16 SEC. 1629. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, Federal Emer18 gency Management Agency, Firefighter Assistance 

19 Grants’’ for programs authorized by the Federal Fire Pre20 vention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

21 shall be $300,000,000 (increased by $510,000,000), of 

22 which $300,000,000 (increased by $90,000,000) shall be 

23 available to carry out section 33 of that Act (15 U.S.C. 

24 2229) and $0 (increased by $420,000,000) shall be avail25 able to carry out section 34 of that Act (15 U.S.C. 2229a). 
254 

•HR 1 EH

1 SEC. 1630. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, Federal Emer3 gency Management Agency, Emergency Management Per4 formance Grants’’ shall be $300,000,000. 

5 SEC. 1631. Notwithstanding section 1101, the level 

6 for ‘‘Department of Homeland Security, Federal Emer7 gency Management Agency, Disaster Relief’’ shall be 

8 $3,165,000,000. 

9 SEC. 1632. Notwithstanding section 1101, in fiscal 

10 year 2011, funds shall not be available from the National 

11 Flood Insurance Fund under section 1310 of the National 

12 Flood Insurance Act of 1968 (42 U.S.C. 4017) for oper13 ating expenses in excess of $110,000,000, and for agents’ 

14 commissions and taxes in excess of $963,339,000: Pro15 vided, That notwithstanding section 1101, for activities 

16 under the National Flood Insurance Act of 1968 (42 

17 U.S.C. 4001 et seq.) and the Flood Disaster Protection 

18 Act of 1973 (42 U.S.C. 4001 et seq.), the level shall be 

19 $169,000,000, which shall be derived from offsetting col20 lections assessed and collected under 1308(d) of the Na21 tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), 

22 of which not to exceed $22,145,000 shall be available for 

23 salaries and expenses associated with flood mitigation and 

24 flood insurance operations; and not less than 

25 $146,855,000 shall be available for floodplain manage-
255 

•HR 1 EH

1 ment and flood mapping, which shall remain available 

2 until September 30, 2012. 

3 SEC. 1633. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, Federal Emer5 gency Management Agency, National Predisaster Mitiga6 tion Fund’’ shall be $65,000,000. 

7 SEC. 1634. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Federal Emer9 gency Management Agency, Emergency Food and Shel10 ter’’ shall be $100,000,000. 

11 SEC. 1635. Notwithstanding section 1101, the level 

12 for ‘‘Department of Homeland Security, United States 

13 Citizenship and Immigration Services’’ shall be 

14 $275,776,000, of which $151,376,000 is for processing 

15 applications for asylum and refugee status, and of which 

16 $103,400,000 shall be for the E–Verify Program: Pro17 vided, That none of the funds made available under this 

18 heading may be used for grants for immigrant integration. 

19 SEC. 1636. Notwithstanding section 1101, the level 

20 for ‘‘Department of Homeland Security, Federal Law En21 forcement Training Center, Acquisitions, Construction, 

22 Improvements, and Related Expenses’’ shall be 

23 $38,456,000. 

24 SEC. 1637. Notwithstanding section 1101, the level 

25 for ‘‘Department of Homeland Security, Science and 
256 

•HR 1 EH

1 Technology, Management and Administration’’ shall be 

2 $141,200,000. 

3 SEC. 1638. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, Science and 

5 Technology, Research, Development, Acquisition, and Op6 erations’’ shall be $778,906,000 (reduced by 

7 $510,000,000): Provided, That the final proviso included 

8 under the heading ‘‘Department of Homeland Security, 

9 Science and Technology, Research, Development, Acquisi10 tion, and Operations’’ in the Department of Homeland Se11 curity Appropriations Act, 2010 (Public Law 111–83) 

12 shall have no force or effect. 

13 SEC. 1639. Notwithstanding section 1101, the level 

14 for ‘‘Department of Homeland Security, Domestic Nuclear 

15 Detection Office, Management and Administration’’ shall 

16 be $36,992,000. 

17 SEC. 1640. Notwithstanding section 1101, the level 

18 for ‘‘Department of Homeland Security, Domestic Nuclear 

19 Detection Office, Research, Development, and Oper20 ations’’ shall be $293,537,000. 

21 SEC. 1641. (a) Section 560 of Public Law 111–83 

22 shall not apply to funds appropriated by this division. 

23 (b) Upon completion of 50 percent of design planning 

24 for the National Bio- and Agro-Defense Facility, and prior 

25 to construction of that facility, the Department of Home-
257 

•HR 1 EH

1 land Security shall submit to the Committees on Appro2 priations of the Senate and the House of Representatives 

3 a revised site-specific biosafety and biosecurity mitigation 

4 risk assessment that describes how to significantly reduce 

5 risks of conducting essential research and diagnostic test6 ing at the National Bio- and Agro-Defense Facility and 

7 addresses shortcomings identified in the National Acad8 emy of Sciences’ evaluation of the initial site-specific bio9 safety and biosecurity mitigation risk assessment. 

10 (c) The revised site-specific biosafety and biosecurity 

11 mitigation risk assessment required by subsection (b) 

12 shall— 

13 (1) include a quantitative risk assessment for 

14 foot-and-mouth disease virus, in particular epidemio15 logical and economic impact modeling to determine 

16 the overall risk of operating the facility for its ex17 pected 50-year life span, taking into account strate18 gies to mitigate risk of foot-and-mouth disease virus 

19 release from the laboratory and ensure safe oper20 ations at the approved National Bio- and Agro-De21 fense Facility site; 

22 (2) address the impact of surveillance, response, 

23 and mitigation plans (developed in consultation with 

24 local, State, and Federal authorities and appropriate 
258 

•HR 1 EH

1 stakeholders) if a release occurs, to detect and con2 trol the spread of disease; and 

3 (3) include overall risks of the most dangerous 

4 pathogens the Department of Homeland Security ex5 pects to hold in the National Bio- and Agro-Defense 

6 Facility’s biosafety level 4 facility, and effectiveness 

7 of mitigation strategies to reduce those risks. 

8 (d) The Department of Homeland Security shall 

9 enter into a contract with the National Academy of 

10 Sciences to evaluate the adequacy and validity of the risk 

11 assessment required by subsection (b). The National 

12 Academy of Sciences shall submit a report on such evalua13 tion within four months after the date the Department 

14 of Homeland Security concludes its risk assessment. 

15 SEC. 1642. Section 503 of the Department of Home16 land Security Appropriations Act, 2010 (Public Law 111– 

17 83) is amended by adding at the end the following: 

18 ‘‘(e) The notification thresholds and procedures set 

19 forth in this section shall apply to deviations from the 

20 amounts designated for specific activities in this Act and 

21 accompanying statement, and to any use of deobligated 

22 balances of funds provided under this title in previous 

23 years.’’. 

24 SEC. 1643. For fiscal year 2011, sections 529, 541, 

25 and 545 of the Department of Homeland Security Appro-
259 

•HR 1 EH

1 priations Act, 2010 (Public Law 111–83; 123 Stat. 2174, 

2 2176) shall have no force or effect. 

3 SEC. 1644. Section 831 of the Homeland Security 

4 Act of 2002 (6 U.S.C. 391) is amended— 

5 (1) in subsection (a), by striking ‘‘Until Sep6 tember 30, 2010,’’ and inserting ‘‘Until September 

7 30, 2011,’’; and 

8 (2) in subsection (d)(1), by striking ‘‘September 

9 30, 2010,’’ and inserting ‘‘September 30, 2011,’’. 

10 SEC. 1645. Section 532(a) of Public Law 109–295 

11 (120 Stat. 1384) is amended by striking ‘‘2010’’ and in12 serting ‘‘2011’’. 

13 SEC. 1646. Of the funds transferred to the Depart14 ment of Homeland Security when it was created in 2003, 

15 the following funds are hereby rescinded from the fol16 lowing accounts and programs in the specified amounts: 

17 (1) ‘‘Operations’’, $1,891,657. 

18 (2) ‘‘Violent Crime Reduction Program’’, 

19 $4,912,245. 

20 (3) ‘‘U.S. Customs and Border Protection, Sal21 aries and Expenses’’, $21,210,423. 

22 (4) ‘‘Office for Domestic Preparedness’’, 

23 $10,568,964. 

24 SEC. 1647. The following unobligated balances made 

25 available to the Department of Homeland Security pursu-
260 

•HR 1 EH

1 ant to section 505 of Department of Homeland Security 

2 Appropriations Act, 2010 (Public Law 111–83; 123 Stat. 

3 2174) are rescinded: $886,665 from ‘‘Office of the Sec4 retary and Executive Management’’; $604,342 from ‘‘Of5 fice of the Under Secretary for Management’’; $24,379 

6 from the ‘‘Office of the Chief Financial Officer’’; $29,741 

7 from ‘‘Office of the Chief Information Officer’’; $218,173 

8 from ‘‘Analysis and Operations’’; $76,498 from ‘‘Office of 

9 the Federal Coordinator for Gulf Coast Rebuilding’’; 

10 $197,272 from ‘‘Office of Inspector General’’; 

11 $11,373,129 from ‘‘U.S. Customs and Border Protection, 

12 Salaries and Expenses’’; $691,552 from ‘‘U.S. Immigra13 tion and Customs Enforcement, Salaries and Expenses’’; 

14 $2,555,962 from ‘‘Transportation Security Administra15 tion, Federal Air Marshals’’; $8,617,331 from ‘‘Coast 

16 Guard, Operating Expenses’’; $2,965,312 from ‘‘Coast 

17 Guard, Reserve Training’’; $83,784 from ‘‘National Pro18 tection and Programs Directorate, Management and Ad19 ministration’’; $551,737 from ‘‘National Protection and 

20 Programs Directorate, Infrastructure Protection and In21 formation Security’’; $704,700 from ‘‘United States Se22 cret Service, Salaries and Expenses’’; $863,628 from 

23 ‘‘Federal Emergency Management Agency, Management 

24 and Administration’’; $864,660 from ‘‘Office of Health 

25 Affairs’’; $7,945,983 from ‘‘United States Citizenship and 
261 

•HR 1 EH

1 Immigration Services’’; $960,828 from ‘‘Federal Law En2 forcement Training Center, Salaries and Expenses’’; 

3 $353,524 from ‘‘Science and Technology, Management 

4 and Administration’’; and $45,468 from ‘‘Domestic Nu5 clear Detection Office, Management and Administration’’. 

6 SEC. 1648. Of the funds appropriated to the Depart7 ment of Homeland Security, the following unobligated bal8 ances are hereby rescinded from the following accounts 

9 and programs in the specified amounts: 

10 (1) ‘‘Department of Homeland Security, U.S. 

11 Customs and Border Protection, Automation Mod12 ernization’’, $10,000,000. 

13 (2) ‘‘Department of Homeland Security, U.S. 

14 Customs and Border Protection, Border Security 

15 Fencing, Infrastructure, and Technology’’, 

16 $119,000,000. 

17 (3) ‘‘Department of Homeland Security, Office 

18 of Health Affairs’’, $5,562,000. 

19 (4) ‘‘Department of Homeland Security, Fed20 eral Emergency Management Agency, National 

21 Predisaster Mitigation Fund’’, $18,173,641. 

22 (5) ‘‘Department of Homeland Security, 

23 Science and Technology, Research, Development, 

24 Acquisition, and Operations’’, $8,500,000. 
262 

•HR 1 EH

1 (6) ‘‘Department of Homeland Security, Do2 mestic Nuclear Detection Office, Research, Develop3 ment, and Operations’’, $17,100,000. 

4 (7) ‘‘Department of Homeland Security, Coast 

5 Guard, Acquisition, Construction, and Improve6 ments’’, $1,122,000. 

7 SEC. 1649. Of the unobligated balances available for 

8 ‘‘Department of Homeland Security, U.S. Customs and 

9 Border Protection, Construction’’ for construction 

10 projects, $106,556,000 is rescinded: Provided, That the 

11 amounts rescinded under this section shall be limited to 

12 amounts available for Border Patrol projects and facilities 

13 as recommended by the Department of Homeland Security 

14 in the fiscal year 2011 budget request. 

15 SEC. 1650. Of the unobligated balances made avail16 able under section 44945 of title 49, United States Code, 

17 $800,000 is rescinded. 

18 SEC. 1651. Of the unobligated balances available for 

19 ‘‘Department of Homeland Security, Transportation Secu20 rity Administration’’, $15,000,000 is rescinded: Provided, 

21 That the Transportation Security Administration shall not 

22 rescind any unobligated balances from the following pro23 grams: explosives detection systems; checkpoint support; 

24 aviation regulation and other enforcement; and air cargo. 
263 

•HR 1 EH

1 SEC. 1652. Of the unobligated balances available for 

2 ‘‘Department of Homeland Security, National Protection 

3 and Programs Directorate, Infrastructure Protection and 

4 Information Security’’, the following amounts are re5 scinded: 

6 (1) $6,000,000 from Next Generation Net7 works. 

8 (2) $9,600,000 to be specified in a report sub9 mitted by the Secretary of Homeland Security to the 

10 Committees on Appropriations of the Senate and the 

11 House of Representatives no later than 15 days 

12 after the date of enactment of this division, that de13 scribes the amounts rescinded and the original pur14 pose of such funds. 

15 SEC. 1653. From the unobligated balances of funds 

16 made available in the Department of the Treasury For17 feiture Fund established by section 9703 of title 31, 

18 United States Code, that was added to such title by sec19 tion 638 of Public Law 102–393, $22,600,000 is re20 scinded. 

21 TITLE VII—INTERIOR, ENVIRONMENT, AND 

22 RELATED AGENCIES 

23 SEC. 1701. Notwithstanding section 1101, the level 

24 for ‘‘Department of the Interior, Bureau of Land Manage25 ment, Management of Lands and Resources’’ shall be 
264 

•HR 1 EH

1 $927,523,000 (reduced by $2,000,000): Provided, That 

2 the amounts included under such heading in division A 

3 of Public Law 111–88 shall be applied to funds appro4 priated by this division by substituting ‘‘$927,523,000 (re5 duced by $2,000,000)’’ for ‘‘$959,571,000’’ the second 

6 place it appears. 

7 SEC. 1702. Notwithstanding section 1101, the level 

8 for ‘‘Department of the Interior, Bureau of Land Manage9 ment, Construction’’ shall be $2,590,000: Provided, That 

10 no less than $1,000,000 in available, unobligated prior11 year funds shall be used in addition to amounts provided 

12 by this division. 

13 SEC. 1703. Notwithstanding section 1101, the level 

14 for ‘‘Department of the Interior, Bureau of Land Manage15 ment, Land Acquisition’’ shall be $2,750,000: Provided, 

16 That no less than $2,250,000 in available, unobligated 

17 prior-year funds shall be used in addition to amounts pro18 vided by this division: Provided further, That the proviso 

19 under such heading in division A of Public Law 111–88 

20 shall not apply to funds appropriated by this division. 

21 SEC. 1704. Notwithstanding section 1101, the level 

22 for ‘‘Department of the Interior, United States Fish and 

23 Wildlife Service, Resource Management’’ shall be 

24 $1,204,240,000: Provided, That the amounts included 

25 under such heading in division A of Public Law 111–88 
265 

•HR 1 EH

1 shall be applied to funds appropriated by this division as 

2 follows: by substituting ‘‘$20,945,000’’ for 

3 ‘‘$22,103,000’’; and by substituting ‘‘$10,548,000’’ for 

4 ‘‘$11,632,000’’. 

5 SEC. 1705. Notwithstanding section 1101, the level 

6 for ‘‘Department of the Interior, United States Fish and 

7 Wildlife Service, Construction’’ shall be $23,737,000. 

8 SEC. 1706. Notwithstanding section 1101, the level 

9 for ‘‘Department of the Interior, United States Fish and 

10 Wildlife Service, Land Acquisition’’ shall be $15,055,000: 

11 Provided, That no less than $2,500,000 in available, unob12 ligated prior-year funds shall be used in addition to 

13 amounts provided by this division. 

14 SEC. 1707. Of the unobligated amounts under the 

15 heading ‘‘Department of the Interior, United States Fish 

16 and Wildlife Service, Landowner Incentive Program’’ from 

17 prior year appropriations, all remaining amounts are re18 scinded. 

19 SEC. 1708. Notwithstanding section 1101, the level 

20 for ‘‘Department of the Interior, United States Fish and 

21 Wildlife Service, Cooperative Endangered Species Con22 servation Fund’’ shall be $2,479,000: Provided, That the 

23 amounts included under such heading in division A of 

24 Public Law 111–88 shall be applied to funds appropriated 

25 by this division as follows: by substituting ‘‘$2,479,000’’ 
266 

•HR 1 EH

1 for ‘‘$29,000,000’’; by substituting ‘‘$0’’ for 

2 ‘‘$5,145,706’’; and by substituting ‘‘$0’’ for 

3 ‘‘$56,000,000’’. 

4 SEC. 1709. Notwithstanding section 1101, the level 

5 for ‘‘Department of the Interior, United States Fish and 

6 Wildlife Service, North American Wetlands Conservation 

7 Fund’’ shall be $0. 

8 SEC. 1710. Notwithstanding section 1101, the level 

9 for ‘‘Department of the Interior, United States Fish and 

10 Wildlife Service, Neotropical Migratory Bird Conserva11 tion’’ shall be $4,430,000. 

12 SEC. 1711. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, United States Fish and 

14 Wildlife Service, Multinational Species Conservation 

15 Fund’’ shall be $7,875,000. 

16 SEC. 1712. Notwithstanding section 1101, the level 

17 for ‘‘Department of the Interior, United States Fish and 

18 Wildlife Service, State and Tribal Wildlife Grants’’ shall 

19 be $0. 

20 SEC. 1713. Before the end of the 60-day period be21 ginning on the date of enactment of this division, the Sec22 retary of the Interior shall reissue the final rule published 

23 on April 2, 2009 (74 Fed. Reg. 15123 et seq.) without 

24 regard to any other provision of statute or regulation that 
267 

•HR 1 EH

1 applies to issuance of such rule. Such reissuance (includ2 ing this section) shall not be subject to judicial review. 

3 SEC. 1714. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Interior, National Park Service, 

5 Operation of the National Park System’’ shall be 

6 $2,237,674,000. 

7 SEC. 1715. Notwithstanding section 1101, the level 

8 for ‘‘Department of the Interior, National Park Service, 

9 Park Partnership Project Grants’’ shall be $0 and the 

10 matters pertaining to such account in division A of Public 

11 Law 111–88 shall not apply to funds appropriated by this 

12 division. 

13 SEC. 1716. Notwithstanding section 1101, the level 

14 for ‘‘Department of the Interior, National Park Service, 

15 National Recreation and Preservation’’ shall be 

16 $57,829,000, of which $0 shall be for projects authorized 

17 by section 7302 of Public Law 111–11. 

18 SEC. 1717. Notwithstanding section 1101, the level 

19 for ‘‘Department of the Interior, National Park Service, 

20 Historic Preservation Fund’’ shall be $54,500,000: Pro21 vided, That the amounts included under such heading in 

22 division A of Public Law 111–88 shall be applied to funds 

23 appropriated by this division by substituting ‘‘$0’’ for 

24 ‘‘$25,000,000’’: Provided further, That the proviso under 
268 

•HR 1 EH

1 such heading in division A of Public Law 111–88 shall 

2 not apply to funds appropriated by this division. 

3 SEC. 1718. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Interior, National Park Service, 

5 Construction’’ shall be $171,713,000: Provided, That the 

6 last proviso under such heading in division A of Public 

7 Law 111–88 shall not apply to funds appropriated by this 

8 division: Provided further, That of the unobligated bal9 ances available under such heading in division A of Public 

10 Law 111–88 and in prior appropriation Acts, $1,000,000 

11 is rescinded from amounts made available for the (now 

12 completed) project at Cape Hatteras National Seashore, 

13 North Carolina, and $1,000,000 is rescinded from 

14 amounts made available for the (now completed) project 

15 at Blue Ridge Parkway, North Carolina, and such unobli16 gated balances are reduced accordingly: Provided further, 

17 That no less than $23,000,000 in available, unobligated 

18 prior-year funds shall be used in addition to amounts pro19 vided by this division. 

20 SEC. 1719. The contract authority provided for fiscal 

21 year 2011 by 16 U.S.C. 460l–10a is rescinded. 

22 SEC. 1720. Notwithstanding section 1101, the level 

23 for ‘‘Department of the Interior, National Park Service, 

24 Land Acquisition and State Assistance’’ shall be 

25 $14,100,000: Provided, That the amounts included under 
269 

•HR 1 EH

1 such heading in division A of Public Law 111–88 shall 

2 be applied to funds appropriated by this division as fol3 lows: by substituting ‘‘$0’’ for ‘‘$40,000,000’’; and by sub4 stituting ‘‘$0’’ for ‘‘$9,000,000’’: Provided further, That 

5 no less than $3,400,000 in available, unobligated prior6 year funds shall be used in addition to amounts provided 

7 by this division: Provided further, That section 113 of divi8 sion A of Public Law 111–88 shall not apply to funds ap9 propriated by this division. 

10 SEC. 1721. Notwithstanding section 1101, the level 

11 for ‘‘Department of the Interior, United States Geological 

12 Survey, Surveys, Investigations, and Research’’ shall be 

13 $1,086,163,000: Provided, That the amounts included 

14 under such heading in division A of Public Law 111–88 

15 shall be applied to funds appropriated by this division as 

16 follows: by substituting ‘‘$53,500,000’’ for 

17 ‘‘$40,150,000’’; and by substituting ‘‘$4,807,000’’ for 

18 ‘‘$7,321,000’’. 

19 SEC. 1722. Notwithstanding section 1101, the level 

20 for ‘‘Department of the Interior, Minerals Management 

21 Service, Royalty and Offshore Minerals Management’’ 

22 shall be $239,478,000: Provided, That the amounts in23 cluded under such heading in division A of Public Law 

24 111–88 shall be applied to funds appropriated by this divi25 sion as follows: by substituting ‘‘$109,494,000’’ for 
270 

•HR 1 EH

1 ‘‘$89,374,000’’; and by substituting ‘‘$154,890,000’’ for 

2 ‘‘$156,730,000’’ each place it appears. 

3 SEC. 1723. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Interior, Minerals Management 

5 Service, Oil Spill Research’’ shall be $10,632,000. 

6 SEC. 1724. During fiscal year 2011, the Secretary 

7 of the Interior, in order to implement a reorganization of 

8 the Bureau of Ocean Energy Management, Regulation, 

9 and Enforcement, may establish accounts and transfer 

10 funds among and between the offices and bureaus affected 

11 by the reorganization only in conformance with the House 

12 and Senate Committees on Appropriations reprogramming 

13 guidelines described in the joint explanatory statement of 

14 managers accompanying Public Law 111–88. 

15 SEC. 1725. Notwithstanding section 1101, the level 

16 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

17 Operation of Indian Programs’’ shall be $2,336,865,000: 

18 Provided, That the amounts included under such heading 

19 in division A of Public Law 111–88 shall be applied to 

20 funds appropriated by this division as follows: by sub21 stituting ‘‘$220,000,000’’ for ‘‘$166,000,000’’; by sub22 stituting ‘‘$585,779,000’’ for ‘‘$568,702,000’’; and by 

23 substituting ‘‘$46,129,000’’ for ‘‘$43,373,000’’. 
271 

•HR 1 EH

1 SEC. 1726. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

3 Construction’’ shall be $216,100,000. 

4 SEC. 1727. Notwithstanding section 1101, the level 

5 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

6 Indian Land and Water Claim Settlements and Miscella7 neous Payments to Indians’’ shall be $46,480,000, of 

8 which $0 shall be for the matter pertaining to Public Law 

9 109–379. 

10 SEC. 1728. Notwithstanding section 1101, the level 

11 for ‘‘Department of the Interior, Departmental Offices, 

12 Office of the Secretary, Salaries and Expenses’’ shall be 

13 $117,336,000: Provided, That the amounts included under 

14 such heading in division A of Public Law 111–88 shall 

15 be applied to funds appropriated by this division by sub16 stituting ‘‘$10,636,000’’ for ‘‘$12,136,000’’. 

17 SEC. 1729. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Interior, Departmental Offices, 

19 Insular Affairs, Assistance to Territories’’ shall be 

20 $78,516,000: Provided, That the amounts included under 

21 such heading in division A of Public Law 111–88 shall 

22 be applied to funds appropriated by this division as fol23 lows: by substituting ‘‘$69,590,000’’ for ‘‘$75,915,000’’; 

24 and by substituting ‘‘$8,926,000’’ for ‘‘$9,280,000’’. 
272 

•HR 1 EH

1 SEC. 1730. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, Departmental Offices, 

3 Insular Affairs, Compact of Free Association’’ shall be 

4 $5,422,000: Provided, That $2,104,000 of such funds 

5 shall be available for section 122 of division A of Public 

6 Law 111–88. 

7 SEC. 1731. Notwithstanding section 1101, the level 

8 for ‘‘Department of the Interior, Departmental Offices, 

9 Office of the Solicitor, Salaries and Expenses’’ shall be 

10 $64,845,000. 

11 SEC. 1732. Notwithstanding section 1101, the level 

12 for ‘‘Department of the Interior, Departmental Offices, 

13 Office of Inspector General, Salaries and Expenses’’ shall 

14 be $48,389,000. 

15 SEC. 1733. Notwithstanding section 1101, the level 

16 for ‘‘Department of the Interior, Departmental Offices, 

17 Office of the Special Trustee for American Indians, Fed18 eral Trust Programs’’ shall be $168,115,000: Provided, 

19 That the amounts included under such heading in division 

20 A of Public Law 111–88, as amended by Public Law 111– 

21 212, shall be applied to funds appropriated by this division 

22 by substituting ‘‘$31,534,000’’ for ‘‘$47,536,000’’. 

23 SEC. 1734. Notwithstanding section 1101, the level 

24 for ‘‘Department of the Interior, Department-wide Pro25 grams, Wildland Fire Management’’ shall be 
273 

•HR 1 EH

1 $769,897,000: Provided, That the amounts included under 

2 such heading in division A of Public Law 111–88 shall 

3 be applied to funds appropriated by this division by sub4 stituting ‘‘$150,000,000’’ for ‘‘$125,000,000’’. 

5 SEC. 1735. Notwithstanding section 1101, the level 

6 for ‘‘Department of the Interior, Department-wide Pro7 grams, Natural Resource Damage Assessment and Res8 toration, Natural Resource Damage Assessment Fund’’ 

9 shall be $6,320,000. 

10 SEC. 1736. Notwithstanding section 1101, the level 

11 for ‘‘Department of the Interior, Department-wide Pro12 grams, Working Capital Fund’’ shall be $80,119,000. 

13 SEC. 1737. Notwithstanding section 1101, the level 

14 for ‘‘Environmental Protection Agency, Science and Tech15 nology’’ shall be $790,510,000. 

16 SEC. 1738. Notwithstanding section 1101, the level 

17 for ‘‘Environmental Protection Agency, Environmental 

18 Programs and Management’’ shall be $2,571,099,000 (re19 duced by $8,458,000): Provided, That of the funds in20 cluded under this heading $305,784,000 shall be for the 

21 Geographic Programs specified in the explanatory state22 ment accompanying Public Law 111–88: Provided further, 

23 That of such amount for Geographic Programs, 

24 $225,000,000 shall be for the Great Lakes Restoration 
274 

•HR 1 EH

1 Initiative; $40,000,000 shall be for Chesapeake Bay; and 

2 $20,000,000 shall be for Puget Sound. 

3 SEC. 1739. The matter pertaining to planning and 

4 design of a high-performance green building to consolidate 

5 the multiple offices and research facilities of the Environ6 mental Protection Agency in Las Vegas, Nevada under the 

7 heading ‘‘Environmental Protection Agency, Buildings 

8 and Facilities’’ in division A of Public Law 111–88 shall 

9 not apply to funds appropriated by this division. 

10 SEC. 1740. Notwithstanding section 1101, the level 

11 for ‘‘Environmental Protection Agency, Hazardous Sub12 stance Superfund’’ shall be $1,273,765,000: Provided, 

13 That the matter under such heading in division A of Pub14 lic Law 111–88 shall be applied to funds appropriated by 

15 this division as follows: by substituting ‘‘$1,273,765,000’’ 

16 for ‘‘$1,306,541,000’’ the second place it appears; by sub17 stituting ‘‘September 30, 2010’’ for ‘‘September 30, 

18 2009’’; and by substituting ‘‘$24,527,000’’ for 

19 ‘‘$26,834,000’’. 

20 SEC. 1741. Notwithstanding section 1101, the level 

21 for ‘‘Environmental Protection Agency, Leaking Under22 ground Storage Tank Trust Fund Program’’ shall be 

23 $106,101,000, of which $71,671,000 shall be for carrying 

24 out leaking underground storage tank cleanup activities 
275 

•HR 1 EH

1 authorized by section 9003(h) of the Solid Waste Disposal 

2 Act (42 U.S.C. 6991b(h)). 

3 SEC. 1742. Notwithstanding section 1101, the level 

4 for ‘‘Environmental Protection Agency, State and Tribal 

5 Assistance Grants’’ shall be $2,716,446,000 (reduced by 

6 $10,000,000): Provided, That the amounts included under 

7 such heading in division A of Public Law 111–88 shall 

8 be applied to funds appropriated by this division as fol9 lows: by substituting ‘‘$690,000,000’’ for 

10 ‘‘$2,100,000,000’’; by substituting ‘‘$830,000,000’’ for 

11 ‘‘$1,387,000,000’’; by substituting ‘‘$10,000,000 (reduced 

12 by $10,000,000)’’ for ‘‘$17,000,000’’; by substituting 

13 ‘‘$10,000,000’’ for ‘‘$13,000,000’’; by substituting ‘‘$0’’ 

14 for ‘‘$156,777,000’’; by substituting ‘‘$70,000,000’’ for 

15 ‘‘$100,000,000’’; by substituting ‘‘$50,000,000’’ for 

16 ‘‘$60,000,000’’; by substituting ‘‘$0’’ for ‘‘$20,000,000’’; 

17 and by substituting ‘‘$1,056,446,000’’ for 

18 ‘‘$1,116,446,000’’. 

19 SEC. 1743. The matter pertaining to competitive 

20 grants to communities to develop plans and demonstrate 

21 and implement projects which reduce greenhouse gas 

22 emissions in the second proviso under the heading ‘‘Envi23 ronmental Protection Agency, State and Tribal Assistance 

24 Grants’’ in division A of Public Law 111–88 shall not 

25 apply to funds appropriated by this division. 
276 

•HR 1 EH

1 SEC. 1744. Notwithstanding section 1101, the 

2 amounts authorized to transfer under the heading ‘‘Envi3 ronmental Protection Agency, Administrative Provisions, 

4 Environmental Protection Agency’’ in division A of Public 

5 Law 111–88 shall be applied to funds appropriated by this 

6 division by substituting ‘‘$225,000,000’’ for 

7 ‘‘$475,000,000’’. 

8 SEC. 1745. Of the unobligated balances available for 

9 ‘‘Environmental Protection Agency’’ $300,000,000 is re10 scinded: Provided, That the Administrator shall submit to 

11 the House and Senate Committees on Appropriations a 

12 proposed allocation of amounts by account and program 

13 project to rescind 30 days prior to the rescission: Provided 

14 further, That no amounts may be rescinded from amounts 

15 that were designated by Congress as an emergency re16 quirement pursuant to a concurrent resolution on the 

17 budget or the Balanced Budget and Emergency Deficit 

18 Control Act of 1985, as amended. 

19 SEC. 1746. None of the funds made available to the 

20 Environmental Protection Agency by this division or any 

21 other Act may be expended for purposes of enforcing or 

22 promulgating any regulation (other than with respect to 

23 section 202 of the Clean Air Act) or order, taking action 

24 relating to, or denying approval of state implementation 
277 

•HR 1 EH

1 plans or permits because of the emissions of greenhouse 

2 gases due to concerns regarding possible climate change. 

3 SEC. 1747. None of the funds made available by this 

4 division or any other Act may be used by the Environ5 mental Protection Agency to implement, administer, or en6 force a change to a rule or guidance document pertaining 

7 to the definition of waters under the jurisdiction of the 

8 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

9 seq.). 

10 SEC. 1748. Notwithstanding section 1101, the level 

11 for ‘‘Department of Agriculture, Forest Service, Forest 

12 and Rangeland Research’’ shall be $297,252,000: Pro13 vided, That the amounts included under such heading in 

14 division A of Public Law 111–88 shall be applied to funds 

15 appropriated by this division by substituting 

16 ‘‘$61,939,000’’ for ‘‘$66,939,000’’. 

17 SEC. 1749. Notwithstanding section 1101, the level 

18 for ‘‘Department of Agriculture, Forest Service, State and 

19 Private Forestry’’ shall be $232,680,000: Provided, That 

20 the amounts included under such heading in division A 

21 of Public Law 111–88 shall be applied to funds appro22 priated by this division by substituting ‘‘$6,200,000’’ for 

23 ‘‘$76,460,000’’: Provided further, That no less than 

24 $2,500,000 in available, unobligated prior-year funds shall 

25 be used in addition to amounts provided by this division. 
278 

•HR 1 EH

1 SEC. 1750. Notwithstanding section 1101, the level 

2 for ‘‘Department of Agriculture, Forest Service, National 

3 Forest System’’ shall be $1,525,339,000: Provided, That 

4 no less than $10,000,000 in available, unobligated prior5 year funds shall be used in addition to amounts provided 

6 by this division. 

7 SEC. 1751. Notwithstanding section 1101, the level 

8 for ‘‘Department of Agriculture, Forest Service, Capital 

9 Improvement and Maintenance’’ shall be $495,409,000: 

10 Provided, That the amounts included under such heading 

11 in division A of Public Law 111–88 shall be applied to 

12 funds appropriated by this division by substituting 

13 ‘‘$50,371,000’’ for ‘‘$90,000,000’’: Provided further, That 

14 no less than $10,000,000 in available, unobligated prior15 year funds shall be used in addition to amounts provided 

16 by this division. 

17 SEC. 1752. Notwithstanding section 1101, the level 

18 for ‘‘Department of Agriculture, Forest Service, Land Ac19 quisition’’ shall be $9,100,000: Provided, That no less 

20 than $3,400,000 in available, unobligated prior-year funds 

21 shall be used in addition to amounts provided by this divi22 sion. 

23 SEC. 1753. Notwithstanding section 1101, the level 

24 for ‘‘Department of Agriculture, Forest Service, Wildland 

25 Fire Management’’ shall be $1,978,737,000: Provided, 
279 

•HR 1 EH

1 That the amounts included under such heading in division 

2 A of Public Law 111–88 shall be applied to funds appro3 priated by this division by substituting ‘‘$200,000,000’’ 

4 for ‘‘$75,000,000’’: Provided further, That of the unobli5 gated balances available in the FLAME Wildfire Suppres6 sion Reserve Fund for the Department of Agriculture cre7 ated by section 502(b) of Public Law 111–88 (43 U.S.C. 

8 1748a(b)), $250,000,000 is rescinded. 

9 SEC. 1754. The authority provided by section 337 of 

10 the Department of the Interior and Related Agencies Ap11 propriations Act, 2005 (Public Law 108–447; 118 Stat. 

12 3102), as amended, shall remain in effect until September 

13 30, 2011. 

14 SEC. 1755. Notwithstanding section 1101, the level 

15 for ‘‘Department of Health and Human Services, Indian 

16 Health Service, Indian Health Services’’ shall be 

17 $3,883,886,000: 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 ‘‘$862,765,000’’ for 

21 ‘‘$779,347,000’’; by substituting ‘‘$53,000,000’’ for 

22 ‘‘$48,000,000’’; and by substituting ‘‘$444,332,000’’ for 

23 ‘‘$398,490,000’’: Provided further, That of the funds in24 cluded under this heading, $29,211,000 shall be for staff25 ing and operating costs of newly constructed facilities. 
280 

•HR 1 EH

1 SEC. 1756. Notwithstanding section 1101, the level 

2 for ‘‘Department of Health and Human Services, Indian 

3 Health Service, Indian Health Facilities’’ shall be 

4 $255,497,000: Provided, That no less than $10,000,000 

5 in available, unobligated prior-year funds shall be used in 

6 addition to amounts provided by this division. 

7 SEC. 1757. Notwithstanding section 1101, the level 

8 for ‘‘Department of Health and Human Services, National 

9 Institutes of Health, National Institute of Environmental 

10 Health Sciences’’ shall be $77,546,000. 

11 SEC. 1758. Notwithstanding section 1101, the level 

12 for ‘‘Department of Health and Human Services, Agency 

13 for Toxic Substances and Disease Registry, Toxic Sub14 stances and Environmental Public Health’’ shall be 

15 $74,039,000. 

16 SEC. 1759. Notwithstanding section 1101, the level 

17 for ‘‘Executive Office of the President, Council on Envi18 ronmental Quality and Office of Environmental Quality’’ 

19 shall be $2,848,000. 

20 SEC. 1760. Notwithstanding section 1101, the level 

21 for ‘‘Chemical Safety and Hazard Investigation Board, 

22 Salaries and Expenses’’ shall be $10,799,000: Provided, 

23 That the matter pertaining to methyl isocyanate in the 

24 last proviso under such heading in division A of Public 
281 

•HR 1 EH

1 Law 111–88 shall not apply to funds appropriated by this 

2 division. 

3 SEC. 1761. Notwithstanding section 1101, the level 

4 for ‘‘Smithsonian Institution, Salaries and Expenses’’ 

5 shall be $634,661,000: Provided, That no less than 

6 $200,000 in available, unobligated prior-year funds shall 

7 be used in addition to amounts provided by this division. 

8 SEC. 1762. Notwithstanding section 1101, the level 

9 for ‘‘Smithsonian Institution, Facilities Capital’’ shall be 

10 $123,600,000: Provided, That no less than $1,400,000 in 

11 available, unobligated prior-year funds shall be used in ad12 dition to amounts provided by this division. 

13 SEC. 1763. Notwithstanding section 1101, the level 

14 for ‘‘Smithsonian Institution, Legacy Fund’’ shall be $0. 

15 SEC. 1764. Notwithstanding section 1101, the level 

16 for ‘‘National Gallery of Art, Repair, Restoration and 

17 Renovation of Buildings’’ shall be $48,221,000: Provided, 

18 That the amounts included under such heading in division 

19 A of Public Law 111–88 shall be applied to funds appro20 priated by this division by substituting ‘‘$42,250,000’’ for 

21 ‘‘$40,000,000’’. 

22 SEC. 1765. Notwithstanding section 1101, the level 

23 for ‘‘John F. Kennedy Center for the Performing Arts, 

24 Operations and Maintenance’’ shall be $22,500,000: Pro25 vided, That the proviso under such heading in division A 
282 

•HR 1 EH

1 of Public Law 111–88 shall not apply to funds appro2 priated by this division. 

3 SEC. 1766. Notwithstanding section 1101, the level 

4 for ‘‘John F. Kennedy Center for the Performing Arts, 

5 Capital Repair and Restoration’’ shall be $13,920,000. 

6 SEC. 1767. Notwithstanding section 1101, the level 

7 for ‘‘Woodrow Wilson International Center for Scholars, 

8 Salaries and Expenses’’ shall be $9,844,000. 

9 SEC. 1768. Notwithstanding section 1101, the level 

10 for ‘‘National Foundation on the Arts and the Human11 ities, National Endowment for the Arts, Grants and Ad12 ministration’’ shall be $145,000,000 (reduced by 

13 $20,594,000). 

14 SEC. 1769. Notwithstanding section 1101, the level 

15 for ‘‘National Foundation on the Arts and the Human16 ities, National Endowment for the Humanities, Grants 

17 and Administration’’ shall be $145,000,000: Provided, 

18 That the amounts included under such heading in division 

19 A of Public Law 111–88 shall be applied to funds appro20 priated by this division by substituting ‘‘$130,700,000’’ 

21 for ‘‘$153,200,000’’. 

22 SEC. 1770. Notwithstanding section 1101, the level 

23 for ‘‘National Capital Arts and Cultural Affairs’’ shall be 

24 $4,500,000 (reduced by $4,500,000). 
283 

•HR 1 EH

1 SEC. 1771. Notwithstanding section 1101, the level 

2 for ‘‘Presidio Trust, Presidio Trust Fund’’ shall be 

3 $15,000,000 (reduced by $15,000,000). 

4 SEC. 1772. Notwithstanding section 1101, the level 

5 for ‘‘Dwight D. Eisenhower Memorial Commission, Sala6 ries and Expenses’’ shall be $0. 

7 SEC. 1773. Notwithstanding section 1101, the level 

8 for ‘‘Dwight D. Eisenhower Memorial Commission, Cap9 ital Construction’’ shall be $0. 

10 SEC. 1774. Section 409 of division A of Public Law 

11 111–88 (123 Stat. 2957) is amended by striking ‘‘and 

12 111–8’’ and inserting ‘‘111–8, and 111–88’’, and by strik13 ing ‘‘2009’’ and inserting ‘‘2010’’. 

14 SEC. 1775. Notwithstanding section 1101, the level 

15 for section 415 of division A of Public Law 111–88 shall 

16 be $0. 

17 SEC. 1776. Section 433 of division A of Public Law 

18 111–88 (123 Stat. 2965) is amended by striking ‘‘2010’’ 

19 and ‘‘2009’’ and inserting ‘‘2011’’ and ‘‘2010’’, respec20 tively. 

21 SEC. 1777. Not later than 30 days after the date of 

22 enactment of this division, each of the following depart23 ments and agencies shall submit to the House and Senate 

24 Committees on Appropriations a spending, expenditure, or 
284 

•HR 1 EH

1 operating plan for fiscal year 2011 at a level of detail 

2 below the account level: 

3 (1) Department of the Interior. 

4 (2) Environmental Protection Agency. 

5 (3) Department of Agriculture, Forest Service. 

6 (4) Indian Health Service. 

7 (5) Council on Environmental Quality. 

8 (6) Smithsonian Institution. 

9 (7) National Gallery of Art. 

10 (8) National Endowment for the Arts. 

11 (9) National Endowment for the Humanities. 

12 SEC. 1778. None of the funds made available by this 

13 division or any other Act may be used to implement, ad14 minister, or enforce Secretarial Order No. 3310 issued by 

15 the Secretary of the Interior on December 22, 2010. 

16 TITLE VIII—LABOR, HEALTH AND HUMAN 

17 SERVICES, EDUCATION, AND RELATED 

18 AGENCIES 

19 SEC. 1801. Notwithstanding section 1101, the level 

20 for ‘‘Department of Labor, Employment and Training Ad21 ministration, Training and Employment Services’’ shall be 

22 $221,699,000: Provided, That the amounts included under 

23 such heading in division D of Public Law 111–117 shall 

24 be applied to funds appropriated by this division as fol25 lows: by substituting ‘‘$0’’ for each amount included in 
285 

•HR 1 EH

1 paragraph (1); by substituting ‘‘$167,538,000’’ for 

2 ‘‘$470,038,000’’; by substituting ‘‘$29,160,000’’ for 

3 ‘‘$229,160,000’’; by substituting ‘‘$0’’ for 

4 ‘‘$200,000,000’’; by substituting ‘‘$0’’ for 

5 ‘‘$102,500,000’’; by substituting ‘‘$54,161,000’’ for 

6 ‘‘$389,043,000’’; by substituting ‘‘$44,561,000’’ for 

7 ‘‘$93,450,000’’; by substituting ‘‘$0’’ for ‘‘$48,889,000’’; 

8 by substituting ‘‘$0’’ for ‘‘$108,493,000’’; by substituting 

9 ‘‘$0’’ for ‘‘$40,000,000’’; by substituting ‘‘$0’’ for 

10 ‘‘$125,000,000’’; and by substituting ‘‘$0’’ for 

11 ‘‘$12,500,000’’: Provided further, That of the funds made 

12 available for dislocated worker employment and training 

13 activities under such heading in division D of Public Law 

14 111–117, $65,000,000 is rescinded: Provided further, 

15 That of the funds made available for dislocated worker 

16 employment and training activities under such heading in 

17 division D of Public Law 111–117, up to 25 percent may 

18 be used for the period April 1, 2011, through September 

19 30, 2011, for youth activities. 

20 SEC. 1802. (a) Of the unobligated balances available 

21 for ‘‘Department of Labor, Departmental Management, 

22 Office of Job Corps’’, $300,000,000 is rescinded. 

23 (b) None of the funds made available by this division 

24 or any prior Act may be used to initiate a competition 

25 for any new Job Corps center not previously approved by 
286 

•HR 1 EH

1 the Secretary of Labor as a Jobs Corps center through 

2 a competitive selection process. 

3 SEC. 1803. Of the unobligated balances of the funds 

4 made available for ‘‘Department of Labor, Employment 

5 and Training Administration, Training and Employment 

6 Services, Federally Administered Programs, Dislocated 

7 Workers Assistance National Reserve’’ in division D of 

8 Public Law 111–117, $100,000,000 is rescinded. 

9 SEC. 1804. Of the unobligated balances of the funds 

10 made available for ‘‘Department of Labor, Employment 

11 and Training Administration, Training and Employment 

12 Services, National Activities, Evaluation’’, $10,000,000 is 

13 rescinded. 

14 SEC. 1805. Notwithstanding section 1101, the level 

15 for ‘‘Department of Labor, Employment and Training Ad16 ministration, Community Service Employment for Older 

17 Americans’’ shall be $300,425,000, and for purposes of 

18 funds appropriated by this division, the amounts under 

19 such heading in division D of Public Law 111–117 shall 

20 be applied by substituting ‘‘$0’’ for ‘‘$225,000,000’’, and 

21 the first and second provisos under such heading in such 

22 division shall not apply. 

23 SEC. 1806. Notwithstanding section 1101, the level 

24 for ‘‘Department of Labor, Mine Safety and Health Ad25 ministration, Salaries and Expenses’’ shall be 
287 

•HR 1 EH

1 $355,843,000, of which up to $15,000,000 shall be avail2 able to the Secretary of Labor to be transferred to ‘‘De3 partmental Management, Salaries and Expenses’’ for ac4 tivities related to the Department of Labor’s caseload be5 fore the Federal Mine Safety and Health Review Commis6 sion, and the amounts included under the heading ‘‘De7 partment of Labor, Mine Safety and Health Administra8 tion, Salaries and Expenses’’ in division D of Public Law 

9 111–117 shall be applied to funds appropriated by this 

10 division by substituting ‘‘$0’’ for ‘‘$1,450,000’’. 

11 SEC. 1807. Notwithstanding section 1101, the level 

12 for ‘‘Department of Labor, Departmental Management’’ 

13 shall be $315,154,000, and the third proviso under such 

14 heading in division D of Public Law 111–117 shall not 

15 apply to funds appropriated by this division. 

16 SEC. 1808. Of the unobligated balances available for 

17 ‘‘Department of Labor, Working Capital Fund’’, 

18 $3,900,000 is permanently rescinded, to be derived solely 

19 from amounts available in the Investment in Reinvention 

20 Fund (other than amounts that were designated by the 

21 Congress as an emergency requirement pursuant to a con22 current resolution on the budget or the Balanced Budget 

23 and Emergency Deficit Control Act of 1985). 

24 SEC. 1809. (a) Notwithstanding section 1101, the 

25 level for ‘‘Department of Health and Human Services, 
288 

•HR 1 EH

1 Health Resources and Services Administration, Health 

2 Resources and Services’’ shall be $5,313,171,000, of 

3 which: (1) not more than $100,000,000 shall be available 

4 until expended for carrying out the provisions of Public 

5 Law 104–73 and for expenses incurred by the Department 

6 of Health and Human Services pertaining to administra7 tive claims made under such law; (2) no funds shall be 

8 for the program under title X of the Public Health Service 

9 Act (referred to in this title as the ‘‘PHS Act’’), to provide 

10 for voluntary family planning projects; and (3) 

11 $352,835,000 shall be available for health professions pro12 grams under titles VII and VIII and section 340G of the 

13 PHS Act. 

14 (b) The eighteenth, nineteenth, twenty-first, twenty15 second, and twenty-fifth provisos under the heading ‘‘De16 partment of Health and Human Services, Health Re17 sources and Services Administration, Health Resources 

18 and Services’’ of division D of Public Law 111–117 shall 

19 not apply to funds appropriated by this division. 

20 (c) Sections 747(c)(2) and 751(j)(2) of the PHS Act, 

21 the proportional funding amounts in paragraphs (1) 

22 through (4) of section 756(e) of such Act, and section 

23 511(f) of the Social Security Act (42 U.S.C. 711(f)) shall 

24 not apply to funds made available by this division for ‘‘De25 partment of Health and Human Services, Health Re-
289 

•HR 1 EH

1 sources and Services Administration, Health Resources 

2 and Services’’. 

3 (d) For purposes of this section, section 10503(d) of 

4 Public Law 111–148 shall be applied as if ‘‘, over the fis5 cal year 2008 level,’’ were stricken from such section. 

6 SEC. 1810. (a) Notwithstanding section 1101, the 

7 level for the first undesignated paragraph under the head8 ing ‘‘Department of Health and Human Services, Centers 

9 for Disease Control and Prevention, Disease Control, Re10 search, and Training’’ shall be $5,742,989,000, of which: 

11 (1) $750,000,000 shall be derived from funds transferred, 

12 pursuant to section 4002(c) of Public Law 111–148, from 

13 amounts appropriated by section 4002(b) of such Public 

14 Law; (2) no funds shall be available for acquisition of real 

15 property, equipment, construction, and renovation of fa16 cilities; and (3) $523,533,000 shall remain available until 

17 expended for the Strategic National Stockpile under sec18 tion 319F–2 of the PHS Act. 

19 (b) The amount included before the first proviso 

20 under the heading ‘‘Department of Health and Human 

21 Services, Centers for Disease Control and Prevention, Dis22 ease Control, Research, and Training’’ of division D of 

23 Public Law 111–117 shall be applied to funds appro24 priated by this division by substituting ‘‘$0’’ for 

25 ‘‘$20,620,000’’. 
290 

•HR 1 EH

1 (c) Paragraphs (1) through (3) of section 2821(b) of 

2 the PHS Act shall not apply to funds made available by 

3 this division. 

4 (d) For purposes of this section, section 4002(c) of 

5 Public Law 111–148 shall be applied as if ‘‘, over the fis6 cal year 2008 level,’’ were stricken from such section. 

7 SEC. 1811. (a) Notwithstanding section 1101, the 

8 level for ‘‘Department of Health and Human Services, Na9 tional Institutes of Health, National Institute of Allergy 

10 and Infectious Diseases’’ shall be $4,214,275,000, and the 

11 Director of the National Institutes of Health shall transfer 

12 up to $256,627,000, on a pro rata basis, based on total 

13 funding levels, from the other Institutes, Centers, and Of14 fice of the Director accounts within the National Institutes 

15 of Health Account to ‘‘National Institute of Allergy and 

16 Infectious Diseases’’, and the requirement under ‘‘Na17 tional Institute of Allergy and Infection Diseases’’ in divi18 sion D of Public Law 111–117 for a transfer from Bio19 defense Countermeasures funds shall not apply. 

20 (b) Notwithstanding any other provision of this divi21 sion, the first proviso under the heading ‘‘Department of 

22 Health and Human Services, National Institutes of 

23 Health, National Institute of Allergy and Infectious Dis24 eases’’ in division D of Public Law 111–117 shall not 

25 apply to funds appropriated by this division. 
291 

•HR 1 EH

1 SEC. 1812. The amount provided by section 1101 for 

2 ‘‘Department of Health and Human Services, National In3 stitutes of Health’’ is reduced by $260,000,000, through 

4 a pro rata reduction in all of the Institutes, Centers, and 

5 Office of the Director accounts within ‘‘Department of 

6 Health and Human Services, National Institutes of 

7 Health’’, based on the total of the projected funding levels 

8 for the Non-competing Research Project Grants in fiscal 

9 year 2011 for each such Institute, Center, and Office of 

10 the Director account. In addition, the Director of the Na11 tional Institutes of Health shall ensure that the average 

12 of the total cost of Competing Research Project Grants 

13 for all of the Institutes, Centers, and Office of the Director 

14 accounts within ‘‘Department of Health and Human Serv15 ices, National Institutes of Health’’ during fiscal year 

16 2011 shall not exceed $400,000. 

17 SEC. 1813. Notwithstanding section 1101, the level 

18 for ‘‘Department of Health and Human Services, National 

19 Institutes of Health, Buildings and Facilities’’ shall be 

20 $22,700,000. 

21 SEC. 1814. (a) Notwithstanding section 1101, the 

22 level for ‘‘Department of Health and Human Services, 

23 Substance Abuse and Mental Health Services Administra24 tion, Substance Abuse and Mental Health Services’’ shall 

25 be $3,202,152,000. 
292 

•HR 1 EH

1 (b) The amount included before the first proviso 

2 under the heading ‘‘Department of Health and Human 

3 Services, Substance Abuse and Mental Health Services 

4 Administration, Substance Abuse and Mental Health 

5 Services’’ in division D of Public Law 111–117 shall be 

6 applied to funds appropriated by this division by sub7 stituting ‘‘$0’’ for ‘‘$14,518,000’’. 

8 (c) The second proviso under the heading ‘‘Depart9 ment of Health and Human Services, Substance Abuse 

10 and Mental Health Services Administration, Substance 

11 Abuse and Mental Health Services’’ of division D of Public 

12 Law 111–117 shall not apply to funds appropriated by 

13 this division. 

14 SEC. 1815. The amount included under the heading 

15 ‘‘Department of Health and Human Services, Agency for 

16 Healthcare Research and Quality, Healthcare Research 

17 and Quality’’ of division D of Public Law 111–117 shall 

18 be applied to funds appropriated by this division by sub19 stituting ‘‘$372,053,000’’ for ‘‘397,053,000’’. 

20 SEC. 1816. (a) Notwithstanding section 1101, the 

21 level for amounts transferred from the Federal Hospital 

22 Insurance Trust Fund and the Federal Supplementary 

23 Medical Insurance Trust Fund for ‘‘Department of Health 

24 and Human Services, Centers for Medicare and Medicaid 

25 Services, Program Management’’ shall be $3,012,162,000, 
293 

•HR 1 EH

1 of which the level for the Research, Demonstration, and 

2 Evaluation program shall be $0. 

3 (b) The amount under the third proviso under the 

4 heading ‘‘Department of Health and Human Services, 

5 Centers for Medicare and Medicaid Services, Program 

6 Management’’ in division D of Public Law 111–117 shall 

7 be applied to funds appropriated by this division by sub8 stituting ‘‘$9,120,000’’ for ‘‘$65,600,000’’. 

9 (c) The sixth proviso under the heading ‘‘Department 

10 of Health and Human Services, Centers for Medicare and 

11 Medicaid Services, Program Management’’ in division D 

12 of Public Law 111–117 shall not apply to funds appro13 priated by this division. 

14 SEC. 1817. (a) Notwithstanding section 1101, the 

15 level for ‘‘Department of Health and Human Services, Ad16 ministration for Children and Families, Low Income 

17 Home Energy Assistance’’ shall be $4,709,672,000, of 

18 which $4,509,672,000 shall be for payments under sub19 sections (b) and (d) of section 2602 of the Low-Income 

20 Home Energy Assistance Act of 1981 (42 U.S.C. 8621); 

21 and of which $200,000,000 shall be for payments under 

22 subsection (e) of such Act, to be made notwithstanding 

23 the designation requirements of such subsection. 

24 (b) The second proviso under the heading ‘‘Depart25 ment of Health and Human Services, Administration for 
294 

•HR 1 EH

1 Children and Families, Low Income Home Energy Assist2 ance’’ of division D of Public Law 111–117 shall not apply 

3 to funds appropriated by this division. 

4 SEC. 1818. Notwithstanding section 1101, the level 

5 for ‘‘Department of Health and Human Services, Admin6 istration for Children and Families, Payments to States 

7 for the Child Care and Development Block Grant’’ shall 

8 be $2,088,081,000, of which no funds shall be for the 

9 Child Care Aware toll-free hotline. 

10 SEC. 1819. (a) Notwithstanding section 1101, the 

11 level for ‘‘Department of Health and Human Services, Ad12 ministration for Children and Families, Children and 

13 Families Services Programs’’ shall be $7,796,499,000, of 

14 which $405,000,000 shall be for making payments under 

15 the Community Service Block Grant Act (‘‘CSBG Act’’), 

16 except that such level shall include $10,000,000 for sec17 tion 680(a)(3)(B) of the CSBG Act and $6,151,783,000 

18 shall be for making payments under the Head Start Act. 

19 (b) The fourteenth and fifteenth provisos under the 

20 heading ‘‘Department of Health and Human Services, Ad21 ministration for Children and Families, Children and 

22 Families Services Programs’’ of division D of Public Law 

23 111–117 shall not apply to funds appropriated by this di24 vision. 
295 

•HR 1 EH

1 SEC. 1820. (a) Notwithstanding section 1101, the 

2 level for ‘‘Department of Health and Human Services, Ad3 ministration on Aging, Aging Services Programs’’ shall be 

4 $1,445,323,000. 

5 (b) The first proviso under the heading ‘‘Department 

6 of Health and Human Services, Administration on Aging, 

7 Aging Services Programs’’ in division D of Public Law 

8 111–117 shall not apply to funds appropriated by this di9 vision. 

10 (c) None of the funds appropriated by this division 

11 for ‘‘Department of Health and Human Services, Admin12 istration on Aging, Aging Services Programs’’ shall be 

13 used to carry out sections 1701 and 1703 of the PHS 

14 Act (with respect to chronic disease self-management ac15 tivity grants), except that such funds may be used for nec16 essary expenses associated with administering any such 

17 grants awarded prior to the date of the enactment of this 

18 division. 

19 SEC. 1821. Notwithstanding section 1101, the level 

20 for ‘‘Department of Health and Human Services, Office 

21 of the Secretary, General Departmental Management’’ 

22 shall be $375,938,000: Provided, That amounts included 

23 under such heading in division D of Public Law 111–117 

24 shall be applied to funds appropriated by this division by 

25 substituting ‘‘$0’’ for ‘‘$5,789,000’’: Provided further, 
296 

•HR 1 EH

1 that the third and seventh provisos under such heading 

2 in division D of Public Law 111–117 shall not apply to 

3 funds appropriated by this division. 

4 SEC. 1822. Notwithstanding section 1101, the level 

5 for ‘‘Department of Health and Human Services, Office 

6 of the Secretary, Public Health and Social Services Emer7 gency Fund’’ shall be $708,510,000, of which 

8 $65,578,000 shall be for expenses necessary to prepare for 

9 and respond to an influenza pandemic, none of which shall 

10 be available past September 30, 2011, and $35,000,000 

11 shall be for expenses necessary for fit-out and other costs 

12 related to a competitive lease procurement to renovate or 

13 replace the existing headquarters building for Public 

14 Health Service agencies and other components of the De15 partment of Health and Human Services: Provided, That 

16 in addition, $318,000,000 of the funds transferred to the 

17 account under the heading ‘‘Department of Health and 

18 Human Services, Office of the Secretary, Public Health 

19 and Social Services Emergency Fund’’ in Public Law 111– 

20 117 under the fourth paragraph under such heading may 

21 be used to support advanced research and development 

22 pursuant to section 319L of the PHS Act and other ad23 ministrative expenses of the Biomedical Advanced Re24 search and Development Authority: Provided further, That 

25 no funds shall be made available to the United States 
297 

•HR 1 EH

1 Postal Service for the delivery of medical counter2 measures. 

3 SEC. 1823. Of the funds made available for ‘‘Depart4 ment of Health and Human Services, Office of the Sec5 retary, Public Health and Social Services Emergency 

6 Fund’’ in Public Law 111–32, $1,397,439,000 is re7 scinded. 

8 SEC. 1824. (a) Notwithstanding section 1101, the 

9 level for ‘‘Department of Education, Education for the 

10 Disadvantaged’’ shall be $3,994,365,000 (reduced by 

11 $336,550,000), of which $3,944,530,000 (reduced by 

12 $336,550,000) shall become available on July 1, 2011, 

13 and remain available through September 30, 2012 (in ad14 dition to the $10,841,176,000 previously appropriated 

15 under such heading that became available on October 1, 

16 2010), and an additional $10,841,176,000 to remain 

17 available through September 30, 2012, shall be available 

18 on October 1, 2011, for academic year 2011–2012: Pro19 vided, That of the amounts available for such heading: (1) 

20 $6,405,844,000 shall be for basic grants under section 

21 1124 of the Elementary and Secondary Education Act of 

22 1965 (‘‘ESEA’’); (2) $1,365,031,000 shall be for con23 centration grants under section 1124A of the ESEA; (3) 

24 $3,014,000,000 shall be for targeted grants under section 

25 1125 of the ESEA; (4) $3,014,000,000 shall be for edu-
298 

•HR 1 EH

1 cation finance incentive grants under section 1125A of the 

2 ESEA. 

3 (b) The tenth, eleventh and twelfth provisos under 

4 the heading ‘‘Department of Education, Education for the 

5 Disadvantaged’’ in division D of Public Law 111–117 

6 shall not apply to funds appropriated by this division. 

7 (c) Of the unobligated balances available for ‘‘Depart8 ment of Education, Education for the Disadvantaged’’ in 

9 division D of Public Law 111–117, $189,000,000 is re10 scinded, to be derived from the amounts specified under 

11 such heading for availability under section 1502 of the 

12 ESEA. 

13 SEC. 1825. (a) Notwithstanding section 1101, the 

14 level for ‘‘Department of Education, School Improvement 

15 Programs’’ shall be $3,066,967,000 (reduced by 

16 $500,000,000), of which $2,978,515,000 (reduced by 

17 $500,000,000) shall become available on July 1, 2011, 

18 and remain available through September 30, 2012 (in ad19 dition to the $1,681,441,000 previously appropriated 

20 under such heading that became available on October 1, 

21 2010), and an additional $1,681,441,000, to remain avail22 able through September 30, 2012, shall be available on 

23 October 1, 2011, for academic year 2011–2012: Provided, 

24 That of the amounts available for such heading: (1) 

25 $7,463,000 shall be available to carry out subpart 6 of 
299 

•HR 1 EH

1 part D of title V of the ESEA; and (2) no funds shall 

2 be available for activities authorized under part B of title 

3 II, part D of title II, or subpart 9 of part D of title V 

4 of the ESEA, or part Z of title VIII of the Higher Edu5 cation Act of 1965. 

6 (b) The first, second, third, fourth, fifth, sixth, 

7 eighth, twelfth and thirteenth provisos under the heading 

8 ‘‘Department of Education, School Improvement Pro9 grams’’ in division D of Public Law 111–117 shall not 

10 apply to funds appropriated by this division. 

11 SEC. 1826. (a) Notwithstanding section 1101, the 

12 level for ‘‘Department of Education, Innovation and Im13 provement’’ shall be $885,786,000, and no funds shall be 

14 available for activities authorized under subpart 5 of part 

15 A of title II, part D of title II, part D of title V, or section 

16 1504 of the ESEA, or part F of title VIII of the Higher 

17 Education Act of 1965. 

18 (b) The first, second, third, fourth, fifth, seventeenth 

19 and eighteenth provisos under the heading ‘‘Department 

20 of Education, Innovation and Improvement’’ in division D 

21 of Public Law 111–117 shall not apply to funds appro22 priated by this division. 

23 SEC. 1827. (a) Notwithstanding section 1101, the 

24 level for ‘‘Department of Education, Safe Schools and 

25 Citizenship Education’’ shall be $191,341,000, of which 
300 

•HR 1 EH

1 no funds shall be available for activities authorized under 

2 subpart 3 of part C of title II or subpart 2, 3, or 10 of 

3 part D of title V of the ESEA. 

4 (b) The first, second, and third provisos under the 

5 heading ‘‘Department of Education, Safe Schools and 

6 Citizenship Education’’ in division D of Public Law 111– 

7 117 shall not apply to funds appropriated by this division. 

8 SEC. 1828. (a) Notwithstanding section 1101, the 

9 level for ‘‘Department of Education, Special Education’’ 

10 shall be $3,414,870,000 (increased by $557,700,000), of 

11 which $3,168,654,000 (increased by $557,700,000) shall 

12 become available on July 1, 2011, and remain available 

13 through September 30, 2012 (in addition to the 

14 $8,592,383,000 previously appropriated under such head15 ing that became available on October 1, 2010), and an 

16 additional $8,592,383,000, to remain available through 

17 September 30, 2012, shall be available on October 1, 

18 2011, for academic year 2011–2012. 

19 (b) The first and second provisos under the heading 

20 ‘‘Department of Education, Special Education’’ in division 

21 D of Public Law 111–117 shall not apply to funds appro22 priated by this division. 

23 SEC. 1829. (a) Notwithstanding section 1101, the 

24 level for ‘‘Department of Education, Rehabilitation Serv25 ices and Disability Research’’ shall be $3,453,388,000. 
301 

•HR 1 EH

1 (b) The second proviso under the heading ‘‘Depart2 ment of Education, Rehabilitation Services and Disability 

3 Research’’ in division D of Public Law 111–117 shall not 

4 apply to funds appropriated by this division. 

5 SEC. 1830. (a) Notwithstanding section 1101, the 

6 level for ‘‘Department of Education, Career, Technical, 

7 and Adult Education’’ shall be $1,017,338,000, to become 

8 available on July 1, 2011, and remain available through 

9 September 30, 2012 (in addition to the $791,000,000 pre10 viously appropriated under such heading that became 

11 available on October 1, 2010), and an additional 

12 $791,000,000 to remain available through September 30, 

13 2012, shall be available on October 1, 2011, for academic 

14 year 2011–2012: Provided, That of the amounts available 

15 for such heading, no funds shall be available for activities 

16 authorized under subpart 4 of part D of title V of the 

17 ESEA, or part D of title VIII of the Higher Education 

18 Amendments of 1998. 

19 (b) The first, second, third, seventh and eighth pro20 visos under the heading ‘‘Department of Education, Ca21 reer, Technical, and Adult Education’’ in division D of 

22 Public Law 111–117 shall not apply to funds appropriated 

23 by this division. 

24 SEC. 1831. Notwithstanding section 1101, the level 

25 for ‘‘Department of Education, Student Financial Assist-
302 

•HR 1 EH

1 ance’’ shall be $18,475,492,000, of which 

2 $17,495,000,000 shall be available to carry out subpart 

3 1 of part A of title IV of the Higher Education Act of 

4 1965 and $980,492,000 shall be available to carry out 

5 part C of title IV of the Higher Education Act of 1965. 

6 The maximum Pell grant for which a student shall be eli7 gible during award year 2011–2012 shall be $4,015. 

8 SEC. 1832. Of the unobligated balances of funds 

9 made available in subparagraphs (A) through (E) of sec10 tion 401A(e)(1) of the Higher Education Act of 1965, 

11 $986,433,851 is rescinded. 

12 SEC. 1833. (a) Notwithstanding section 1101, the 

13 level for ‘‘Department of Education, Higher Education’’ 

14 shall be $1,690,285,000, of which no funds shall be avail15 able for activities authorized under part A of title II, part 

16 B of title VII or subpart 1 of part D of title VII of the 

17 Higher Education Act of 1965, section 1543 of the Higher 

18 Education Amendments of 1992, part H of title VIII of 

19 the Higher Education Amendments of 1998, part I of sub20 title A of title VI of the America COMPETES Act, or 

21 section 117 of the Carl D. Perkins Career and Technical 

22 Education Act of 2006. 

23 (b) The fifth, sixth, seventh, eighth, ninth, tenth, 

24 eleventh, twelfth, thirteenth and fourteenth provisos under 

25 the heading ‘‘Department of Education, Higher Edu-
303 

•HR 1 EH

1 cation’’ in division D of Public Law 111–117 shall not 

2 apply to funds appropriated by this division. 

3 SEC. 1834. Notwithstanding section 1101, the level 

4 for ‘‘Department of Education, Institute of Education 

5 Sciences’’ shall be $530,106,000. 

6 SEC. 1835. Notwithstanding section 1101, the level 

7 for ‘‘Corporation for National and Community Service, 

8 Operating Expenses’’ shall be $0. 

9 SEC. 1836. Notwithstanding section 1101, the level 

10 for ‘‘Corporation for National and Community Service, 

11 National Service Trust’’ shall be $50,000,000. 

12 SEC. 1837. Notwithstanding section 1101, the level 

13 for ‘‘Corporation for National and Community Service, 

14 Salaries and Expenses’’ shall be $68,000,000. 

15 SEC. 1838. (a) Of the funds made available for ‘‘Cor16 poration for Public Broadcasting’’ in title IV of division 

17 F of Public Law 111–8, the unobligated balance is re18 scinded. 

19 (b) The amounts included under the heading ‘‘Cor20 poration for Public Broadcasting’’ in division D of Public 

21 Law 111–117 shall be applied to funds appropriated by 

22 this division as follows: by substituting ‘‘$0’’ for 

23 ‘‘$86,000,000’’; by substituting ‘‘$0’’ for ‘‘$25,000,000’’; 

24 by substituting ‘‘$0’’ for ‘‘$36,000,000’’; and by sub25 stituting ‘‘$0’’ for ‘‘$25,000,000’’. 
304 

•HR 1 EH

1 SEC. 1839. Notwithstanding section 1101, the level 

2 for ‘‘Institute of Museum and Library Services, Office of 

3 Museum and Library Services, Grants and Administra4 tion’’ shall be $265,869,000. 

5 SEC. 1840. Notwithstanding section 1101, the level 

6 for ‘‘Medicare Payment Advisory Commission, Salaries 

7 and Expenses’’ shall be $12,450,000. 

8 SEC. 1841. Notwithstanding section 1101, the level 

9 for ‘‘National Labor Relations Board, Salaries and Ex10 penses’’ shall be $233,400,000. 

11 SEC. 1842. Notwithstanding section 1101, the level 

12 for ‘‘Railroad Retirement Board, Dual Benefits Payments 

13 Account’’ shall be $57,000,000. 

14 SEC. 1843. Notwithstanding section 1101, the level 

15 for ‘‘Social Security Administration, Payments to Social 

16 Security Trust Funds’’ shall be $21,404,000, and in addi17 tion such funds may be used to carry out section 217(g) 

18 of the Social Security Act. 

19 SEC. 1844. Notwithstanding section 1101, the level 

20 for the first paragraph under the heading ‘‘Social Security 

21 Administration, Limitation on Administrative Expenses’’ 

22 shall be $10,675,500,000. 

23 SEC. 1845. Notwithstanding section 1101, the level 

24 for the first paragraph under the heading ‘‘Social Security 

25 Administration, Supplemental Security Income Program’’ 
305 

•HR 1 EH

1 shall be $39,892,164,000, of which $3,402,164,000 shall 

2 be for administrative expenses. 

3 SEC. 1846. Of the funds appropriated for ‘‘Social Se4 curity Administration, Limitation on Administrative Ex5 penses’’ for fiscal years 2010 and prior years (other than 

6 funds appropriated in Public Law 111–5) for investment 

7 in information technology and telecommunications hard8 ware and software infrastructure, $500,000,000 is re9 scinded. 

10 SEC. 1847. Notwithstanding section 1101, and sec11 tion 505 of division D of Public Law 111–117, section 

12 505 of division F of Public Law 111–8 shall apply to 

13 funds appropriated by this division. 

14 SEC. 1848. Notwithstanding section 1101, the level 

15 for ‘‘Department of Labor, Occupational Safety and 

16 Health Administration, Salaries and Expenses’’ shall be 

17 $459,653,000, of which $138,928,000 shall be for compli18 ance assistance programs: Provided, That the amounts in19 cluded under such heading in division D of Public Law 

20 111–117 shall be applied to funds appropriated by this 

21 Act by substituting ‘‘$89,502,000’’ for ‘‘$104,393,000’’. 

22 SEC. 1849. Notwithstanding section 1101, the level 

23 for ‘‘Department of Health and Human Services, National 

24 Institutes of Health, Office of the Director’’ shall be 

25 $1,128,800,000, and the fifth proviso under such heading 
306 

•HR 1 EH

1 in division D of Public Law 111–117 shall be applied to 

2 funds appropriated by this Act by substituting 

3 ‘‘$495,609,000’’ for ‘‘$544,109,000’’. 

4 SEC. 1850. The amount provided by section 1101 for 

5 ‘‘Department of Health and Human Services, National In6 stitutes of Health’’ is reduced by $639,463,000 through 

7 a pro rata reduction in all of the Institutes, Centers, and 

8 Office of the Director accounts within ‘‘Department of 

9 Health and Human Services, National Institutes of 

10 Health’’, based on the total funding levels for each such 

11 Institute, Center, and Office of the Director accounts (ex12 cluding the Common Fund). In addition, the Director of 

13 the National Institutes of Health shall ensure at least a 

14 total of 9,000 new competing research grants are awarded 

15 in fiscal year 2011 from all Institutes, Centers, and Office 

16 of the Director accounts within the ‘‘Department of 

17 Health and Human Services, National Institutes of 

18 Health’’. 

19 SEC. 1851. Of the unobligated balances available for 

20 ‘‘Department of Health and Human Services, Administra21 tion for Children and Families, Refugee and Entrant As22 sistance’’ in division D of Public Law 111–117, 

23 $77,000,000 is rescinded. 
307 

•HR 1 EH

1 TITLE IX—LEGISLATIVE BRANCH 

2 SEC. 1901. Notwithstanding section 1101, the level 

3 for ‘‘House of Representatives, Salaries and Expenses’’ 

4 shall be $1,288,299,072 (reduced by $1,500,000). 

5 SEC. 1902. Notwithstanding section 1101, the level 

6 for ‘‘House of Representatives, House Leadership Offices’’ 

7 shall be $24,861,969, and the levels under that heading 

8 shall be as follows: 

9 (1) For the Office of the Speaker, $4,877,851. 

10 (2) For the Office of the Majority Floor Lead11 er, $2,432,808. 

12 (3) For the Office of the Minority Floor Lead13 er, $4,378,238. 

14 (4) For the Office of the Majority Whip, 

15 $2,105,373. 

16 (5) For the Office of the Minority Whip, 

17 $1,628,873. 

18 (6) For the Speaker’s Office for Legislative 

19 Floor Activities, $497,619. 

20 (7) For the Republican Steering Committee, 

21 $940,674. 

22 (8) For the Republican Conference, $1,679,970. 

23 (9) For the Republican Policy Committee, 

24 $344,485. 
308 

•HR 1 EH

1 (10) For the Democratic Steering and Policy 

2 Committee, $1,319,273. 

3 (11) For the Democratic Caucus, $1,659,696. 

4 (12) For nine minority employees, $1,487,455. 

5 (13) For the training and program develop6 ment—majority, $277,807. 

7 (14) For the training and program develop8 ment—minority, $277,439. 

9 (15) For Cloakroom Personnel—majority, 

10 $477,469. 

11 (16) For Cloakroom Personnel—minority, 

12 $476,939. 

13 SEC. 1903. Notwithstanding section 1101, the level 

14 for ‘‘House of Representatives, Members’ Representa15 tional Allowances’’ shall be $613,052,000. 

16 SEC. 1904. Notwithstanding section 1101, the level 

17 for ‘‘House of Representatives, Committee Employees, 

18 Standing Committees, Special and Select’’ shall be 

19 $132,449,103, the period of applicability referred to in the 

20 proviso under that heading shall be December 31, 2012, 

21 and none of the funds made available under that heading 

22 may be used for committee room upgrading. 

23 SEC. 1905. Notwithstanding section 1101, the level 

24 for ‘‘House of Representatives, Committee on Appropria25 tions’’ shall be $28,483,000, and the period of applica-
309 

•HR 1 EH

1 bility referred to in the proviso under that heading shall 

2 be December 31, 2012. 

3 SEC. 1906. Notwithstanding section 1101, the level 

4 for ‘‘House of Representatives, Salaries, Officers and Em5 ployees’’ shall be $184,386,000, and the level under that 

6 heading— 

7 (1) for the Office of the Clerk shall be 

8 $26,568,000; 

9 (2) for the Office of the Sergeant at Arms shall 

10 be $8,221,000; and 

11 (3) for the Office of the Chief Administrative 

12 Officer shall be $121,676,000. 

13 SEC. 1907. Notwithstanding section 1101, the level 

14 for ‘‘House of Representatives, Allowances and Expenses’’ 

15 shall be $305,067,000, and the level under that heading— 

16 (1) for employee tuition assistance benefit pay17 ments shall be $0; 

18 (2) for employee child care benefit payments 

19 shall be $0; 

20 (3) for Business Continuity and Disaster Re21 covery shall be $17,000,000, of which $5,000,000 

22 shall remain available until expended; 

23 (4) for the Wounded Warrior Program shall be 

24 $2,000,000; and 
310 

•HR 1 EH

1 (5) for Energy Demonstration Projects shall be 

2 $0. 

3 SEC. 1908. Notwithstanding section 1101, the level 

4 for ‘‘Joint Items, Joint Economic Committee’’ shall be 

5 $4,364,500. 

6 SEC. 1909. Notwithstanding section 1101, the level 

7 for ‘‘Joint Items, Joint Committee on Taxation’’ shall be 

8 $10,551,150. 

9 SEC. 1910. Notwithstanding section 1101, the level 

10 for ‘‘Capitol Police, Salaries’’ shall be $277,688,000. 

11 SEC. 1911. Notwithstanding section 1101, the level 

12 for ‘‘Office of Compliance, Salaries and Expenses’’ shall 

13 be $4,085,150. 

14 SEC. 1912. Notwithstanding section 1101, the level 

15 for ‘‘Congressional Budget Office, Salaries and Expenses’’ 

16 shall be $42,761,000. 

17 SEC. 1913. (a) Except as provided in subsection (b), 

18 notwithstanding section 1101, the level and period of 

19 availability for each item under the heading ‘‘Architect of 

20 the Capitol’’ shall be determined in accordance with an 

21 allocation plan submitted by the Architect of the Capitol 

22 and approved by the Committees on Appropriations of the 

23 House of Representatives and Senate, except that— 

24 (1) the aggregate level for all items under that 

25 heading may not exceed $498,491,000; and 
311 

•HR 1 EH

1 (2) no amounts may remain available for any 

2 item under such plan beyond September 30, 2015. 

3 (b) Subsection (a) does not apply to ‘‘Architect of the 

4 Capitol, Senate Office Buildings’’. 

5 SEC. 1914. Notwithstanding section 1101, the level 

6 for ‘‘Library of Congress, Salaries and Expenses’’ shall 

7 be $417,189,000, the amount applicable under the fourth 

8 proviso under that heading shall be $4,815,000, and the 

9 amount applicable under the fifth and seventh provisos 

10 under that heading shall be $0. 

11 SEC. 1915. Notwithstanding section 1101, the level 

12 for ‘‘Library of Congress, Copyright Office, Salaries and 

13 Expenses’’ shall be $52,914,670, of which not more than 

14 $33,751,000, to remain available until expended, shall be 

15 derived from collections credited to such appropriation 

16 during fiscal year 2011 under section 708(d) of title 17, 

17 United States Code, and the amount applicable under the 

18 third proviso under such heading shall be $34,612,000. 

19 SEC. 1916. Notwithstanding section 1101, the level 

20 for ‘‘Library of Congress, Congressional Research Service, 

21 Salaries and Expenses’’ shall be $107,309,000. 

22 SEC. 1917. Notwithstanding section 1101, the level 

23 for ‘‘Library of Congress, Books for the Blind and Phys24 ically Handicapped, Salaries and Expenses’’ shall be 

25 $66,124,000. 
312 

•HR 1 EH

1 SEC. 1918. Notwithstanding section 1101, the level 

2 for ‘‘Government Printing Office, Government Printing 

3 Office Revolving Fund’’ shall be $1,659,000. 

4 SEC. 1919. Notwithstanding section 1101, the level 

5 for ‘‘Government Printing Office, Office of Superintendent 

6 of Documents, Salaries and Expenses’’ shall be 

7 $39,911,000. 

8 SEC. 1920. (a) Section 309(c) of the Legislative 

9 Branch Appropriations Act, 1999 (44 U.S.C. 305 note) 

10 is amended by striking paragraph (5). 

11 (b) The amendment made by subsection (a) shall take 

12 effect as if included in the enactment of the Legislative 

13 Branch Appropriations Act, 1999. 

14 SEC. 1921. Notwithstanding section 1101, the level 

15 for ‘‘Government Accountability Office, Salaries and Ex16 penses’’ shall be $522,823,000, the amount applicable 

17 under the first proviso under that heading shall be 

18 $9,400,000, the amount applicable under the second pro19 viso under that heading shall be $3,100,000, and the 

20 amount applicable under the third proviso under that 

21 heading shall be $7,000,000. 

22 SEC. 1922. Notwithstanding section 1101, the level 

23 for ‘‘Open World Leadership Center Trust Fund’’ shall 

24 be $5,100,000. 
313 

•HR 1 EH

1 SEC. 1923. Notwithstanding section 1101, the level 

2 for ‘‘John C. Stennis Center for Public Service Training 

3 and Development’’ shall be $0. 

4 TITLE X—MILITARY CONSTRUCTION, 

5 VETERANS AFFAIRS, AND RELATED AGENCIES 

6 SEC. 2001. Notwithstanding section 1101, the level 

7 for each of the following accounts of the Department of 

8 Defense, excluding funds designated by section 1110 of 

9 this division, shall be as follows: ‘‘Military Construction, 

10 Army’’, $3,904,998,000; ‘‘Military Construction, Navy 

11 and Marine Corps’’, $3,516,173,000; ‘‘Military Construc12 tion, Air Force’’, $1,214,295,000; and ‘‘Military Construc13 tion, Defense-Wide’’, $2,964,062,000. 

14 SEC. 2002. Notwithstanding section 1101, the level 

15 for each of the following accounts of the Department of 

16 Defense shall be as follows: ‘‘Military Construction, Army 

17 National Guard’’, $873,664,000; ‘‘Military Construction, 

18 Air National Guard’’, $194,986,000; ‘‘Military Construc19 tion, Army Reserve’’, $318,175,000; ‘‘Military Construc20 tion, Navy Reserve’’, $61,557,000; and ‘‘Military Con21 struction, Air Force Reserve’’, $7,832,000. 

22 SEC. 2003. Notwithstanding section 1101, the level 

23 for each of the following accounts of the Department of 

24 Defense shall be as follows: ‘‘Family Housing Construc25 tion, Army’’, $92,369,000; ‘‘Family Housing Construc-
314 

•HR 1 EH

1 tion, Navy and Marine Corps’’, $186,444,000; ‘‘Family 

2 Housing Construction, Air Force’’, $78,025,000; ‘‘Family 

3 Housing Construction, Defense-Wide’’, $0; and ‘‘Family 

4 Housing Improvement Fund’’, $1,096,000. 

5 SEC. 2004. Notwithstanding section 1101, the level 

6 for each of the following accounts of the Department of 

7 Defense shall be as follows: ‘‘North Atlantic Treaty Orga8 nization Security Investment Program’’, $258,884,000; 

9 ‘‘Homeowners Assistance Fund’’, $16,515,000; ‘‘Chemical 

10 Demilitarization Construction, Defense-Wide’’, 

11 $124,971,000; ‘‘Department of Defense Base Closure Ac12 count 1990’’, $360,474,000; and ‘‘Department of Defense 

13 Base Closure Account 2005’’, $2,354,285,000. 

14 SEC. 2005. Notwithstanding section 1101, the level 

15 for each of the following accounts of the Department of 

16 Defense shall be as follows: ‘‘Family Housing Operation 

17 and Maintenance, Army’’, $518,140,000; ‘‘Family Hous18 ing Operation and Maintenance, Navy and Marine Corps’’, 

19 $366,346,000; ‘‘Family Housing Operation and Mainte20 nance, Air Force’’, $513,792,000; and ‘‘Family Housing 

21 Operation and Maintenance, Defense-Wide’’, 

22 $50,464,000. 

23 SEC. 2006. Notwithstanding any other provision of 

24 this division, the following provisions included in title I 

25 of division E of Public Law 111–117 shall not apply to 
315 

•HR 1 EH

1 funds made available by this division: the first, second, 

2 and last provisos, and the set-aside of $350,000,000, 

3 under the heading ‘‘Military Construction, Army’’; the 

4 first and last provisos under the heading ‘‘Military Con5 struction, Navy and Marine Corps’’; the first, second, and 

6 last provisos under the heading ‘‘Military Construction, 

7 Air Force’’; the second, third, fourth, and last provisos 

8 under the heading ‘‘Military Construction, Defense-Wide’’, 

9 the first, second and last provisos, and the set-aside of 

10 $30,000,000, under the heading ‘‘Military Construction, 

11 Army National Guard’’; the first, second, and last pro12 visos, and the set-aside of $30,000,000, under the heading 

13 ‘‘Military Construction, Air National Guard’’; the first, 

14 second, and last provisos, and the set-aside of 

15 $30,000,000, under the heading ‘‘Military Construction, 

16 Army Reserve’’; the first, second, and last provisos, the 

17 set-aside of $20,000,000, and the set-aside of 

18 $35,000,000, under the heading ‘‘Military Construction, 

19 Navy Reserve’’; the first, second, and last provisos, and 

20 the set-aside of $55,000,000, under the heading ‘‘Military 

21 Construction, Air Force Reserve’’; the proviso under the 

22 heading ‘‘Family Construction, Army’’; the proviso under 

23 the heading ‘‘Family Housing Construction, Navy and 

24 Marine Corps’’; the proviso under the heading ‘‘Family 

25 Housing Construction , Air Force’’; the proviso under the 
316 

•HR 1 EH

1 heading ‘‘Family Housing Construction, Defense-Wide’’; 

2 and the proviso under the heading ‘‘Chemical Demili3 tarization Construction, Defense-Wide’’. 

4 SEC. 2007. Notwithstanding section 1101, the level 

5 for ‘‘Department of Veterans Affairs, Departmental Ad6 ministration, General Operating Expenses’’ shall be 

7 $2,546,276,000, of which not less than $2,148,776,000 

8 shall be for the Veterans Benefits Administration. 

9 SEC. 2008. Notwithstanding section 1101, the level 

10 for ‘‘Department of Veterans Affairs, Departmental Ad11 ministration, Information Technology Systems’’ shall be 

12 $3,146,898,000. 

13 SEC. 2009. Notwithstanding section 1101, the level 

14 for ‘‘Department of Veterans Affairs, Departmental Ad15 ministration, Construction, Major Projects’’ shall be 

16 $1,151,036,000: Provided, That not later than 30 days 

17 after the date of the enactment of this section, the Sec18 retary of Veterans Affairs shall submit to the Committees 

19 on Appropriations of the House of Representatives and the 

20 Senate a spending plan for fiscal year 2011 at a level of 

21 detail below the account level: Provided further, That the 

22 last proviso included in title I of division E of Public Law 

23 111–117 under the heading ‘‘Department of Veterans Af24 fairs, Departmental Administration, Construction, Major 
317 

•HR 1 EH

1 Projects’’ shall not apply to funds appropriated by this 

2 division. 

3 SEC. 2010. Notwithstanding section 1101, the level 

4 for ‘‘Department of Veterans Affairs, Departmental Ad5 ministration, Construction, Minor Projects’’ shall be 

6 $467,700,000. 

7 SEC. 2011. Notwithstanding section 1101, the level 

8 for ‘‘Department of Veterans Affairs, Departmental Ad9 ministration, Grants for Construction of State Extended 

10 Care Facilities’’ shall be $85,000,000. 

11 SEC. 2012. Notwithstanding section 1101, the level 

12 for ‘‘Armed Forces Retirement Home, Trust Fund’’ shall 

13 be $71,200,000, of which $2,000,000 shall be for con14 struction and renovation of physical plants. 

15 SEC. 2013. Notwithstanding any other provision of 

16 this division, the following provisions included in title IV 

17 of division E of Public Law 111–117 shall not apply to 

18 funds appropriated by this division: the proviso under 

19 ‘‘Military Construction, Army’’ and the proviso under 

20 ‘‘Military Construction, Air Force’’. 

21 SEC. 2014. Of the funds made available for ‘‘Military 

22 Construction, Defense-Wide’’ in title I of division E of 

23 Public Law 110–329, $23,000,000 is rescinded. 
318 

•HR 1 EH

1 SEC. 2015. Of the funds made available for ‘‘Military 

2 Construction, Defense-Wide’’ in title I of division E of 

3 Public Law 111–117, $125,500,000 is rescinded. 

4 SEC. 2016. Of the funds made available for ‘‘Military 

5 Construction, Army’’ in title I of division E of Public Law 

6 111–117, $160,000,000 is rescinded. 

7 SEC. 2017. Of the funds made available for ‘‘Military 

8 Construction, Navy and Marine Corps’’ in title I of divi9 sion E of Public Law 111–117, $34,000,000 is rescinded. 

10 SEC. 2018. Of the funds made available for ‘‘Military 

11 Construction, Air Force’’ in title I of division E of Public 

12 Law 111–117, $87,000,000 is rescinded. 

13 SEC. 2019. Of the unobligated balances available for 

14 ‘‘Department of Defense Base Closure Account 2005’’ 

15 from prior appropriations (other than appropriations des16 ignated by law as being for contingency operations directly 

17 related to the global war on terrorism or as an emergency 

18 requirement), $200,000,000 is rescinded. 

19 SEC. 2020. Of the funds designated by section 1110 

20 of this division, funds available for the Department of De21 fense shall be as follows: ‘‘Military Construction, Army’’, 

22 $929,994,000; ‘‘Military Construction, Air Force’’, 

23 $280,506,000; and ‘‘Military Construction, Defense24 Wide’’, $46,500,000. 
319 

•HR 1 EH

1 SEC. 2021. The levels for each of the following ac2 counts for fiscal year 2012 shall be as follows: 

3 (1) ‘‘Department of Veterans Affairs, Medical 

4 Services’’, $39,649,985,000, which shall become 

5 available on October 1, 2011, and shall remain avail6 able until September 30, 2012. 

7 (2) ‘‘Department of Veterans Affairs, Medical 

8 Support and Compliance’’, $5,535,000,000, which 

9 shall become available on October 1, 2011, and shall 

10 remain available until September 30, 2012. 

11 (3) ‘‘Department of Veterans Affairs, Medical 

12 Facilities’’ in the amount of $5,426,000,000, which 

13 shall become available on October 1, 2011, and shall 

14 remain available until September 30, 2012. 

15 SEC. 2022. Of the amounts appropriated to the De16 partment of Veterans Affairs for fiscal year 2011 for 

17 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

18 ‘‘Medical facilities’’, ‘‘Construction, minor projects’’, and 

19 ‘‘Information technology systems’’, up to $235,360,000, 

20 plus reimbursements, may be transferred to the Joint De21 partment of Defense-Department of Veterans Affairs 

22 Medical Facility Demonstration Fund, established by sec23 tion 1704 of title XVII of division A of Public Law 111– 

24 84 and may be used for operation of the facilities des25 ignated as a combined Federal medical facility as de-
320 

•HR 1 EH

1 scribed by section 706 of Public Law 110–417: Provided, 

2 That additional funds may be transferred from accounts 

3 designated in this section to the Joint Department of De4 fense-Department of Veterans Affairs Medical Facility 

5 Demonstration Fund upon written notification by the Sec6 retary of Veterans Affairs to the Committees on Appro7 priations of both Houses of Congress. 

8 SEC. 2023. Such sums as may be deposited to the 

9 Medical Care Collections Fund pursuant to section 1729A 

10 of title 38, United States Code, for health care provided 

11 at facilities designated as a combined Federal medical fa12 cility as described by section 706 of Public Law 110–417 

13 shall also be available: (1) for transfer to the Joint De14 partment of Defense-Department of Veterans Affairs 

15 Medical Facility Demonstration Fund, established by sec16 tion 1704 of Public Law 111–84; and (2) for operations 

17 of the facilities designated as a combined Federal medical 

18 facility as described by section 706 of Public Law 110– 

19 417. 

20 SEC. 2024. Of the funds made available for ‘‘Depart21 ment of Veterans Affairs, Departmental Administration, 

22 Information technology systems’’ in division E of Public 

23 Law 111–117, $117,000,000 is rescinded. 
321 

•HR 1 EH

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. 
322 

•HR 1 EH

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 
323 

•HR 1 EH

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. 
324 

•HR 1 EH

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; 
325 

•HR 1 EH

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: 
326 

•HR 1 EH

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. 
327 

•HR 1 EH

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; 

25 ‘‘Export and Investment Assistance, Overseas Private In-
328 

•HR 1 EH

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. 
329 

•HR 1 EH

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 
330 

•HR 1 EH

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. 
331 

•HR 1 EH

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 
332 

•HR 1 EH

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 
333 

•HR 1 EH

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). 
334 

•HR 1 EH

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 

25 may be made available to any foreign nongovernmental or-
335 

•HR 1 EH

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 

23 the Government of Egypt shall be provided with the un24 derstanding that Egypt will undertake significant eco-
336 

•HR 1 EH

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 
337 

•HR 1 EH

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 
338 

•HR 1 EH

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) 

25 through (d) of this section shall apply to funds appro-
339 

•HR 1 EH

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. 
340 

•HR 1 EH

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. 
341 

•HR 1 EH

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 
342 

•HR 1 EH

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 
343 

•HR 1 EH

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. 
344 

•HR 1 EH

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. 
345 

•HR 1 EH

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.’’. 
346 

•HR 1 EH

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 

25 for ‘‘Department of Transportation, Federal Aviation Ad-
347 

•HR 1 EH

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 
348 

•HR 1 EH

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 
349 

•HR 1 EH

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. 
350 

•HR 1 EH

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. 
351 

•HR 1 EH

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; 

25 5 percent to the highway safety improvement program au-
352 

•HR 1 EH

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 
353 

•HR 1 EH

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 
354 

•HR 1 EH

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 
355 

•HR 1 EH

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. 
356 

•HR 1 EH

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 
357 

•HR 1 EH

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. 
358 

•HR 1 EH

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 

24 General and the Recovery Act Accountability and Trans-
359 

•HR 1 EH

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). 
360 

•HR 1 EH

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. 
361 

•HR 1 EH

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; 
362 

•HR 1 EH

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: 
363 

•HR 1 EH

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 

25 Disease Control and Prevention, Disease Control, Re-
364 

•HR 1 EH

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 
365 

•HR 1 EH

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. 
366 

•HR 1 EH

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. 
367 

•HR 1 EH

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. 
368 

•HR 1 EH

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. 
369 

•HR 1 EH

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. 
370 

•HR 1 EH

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. 
371 

•HR 1 EH

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. 
372 

•HR 1 EH

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. 
373 

•HR 1 EH

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. 
374 

•HR 1 EH

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)). 
375 

•HR 1 EH

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 
376 

•HR 1 EH

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). 
377 

•HR 1 EH

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 
378 

•HR 1 EH

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 
379 

•HR 1 EH

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 
380 

•HR 1 EH

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). 
381 

•HR 1 EH

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 

24 to develop, propose, finalize, implement, administer, or en25 force any regulation that identifies or lists fossil fuel com-
382 

•HR 1 EH

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 
383 

•HR 1 EH

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’’. 

Passed the House of Representatives February 19 

(legislative day February 18), 2011. 

Attest: 

Clerk. 
112TH CONGRESS 

1ST SESSION H. R. 1 

AN ACT 

Making appropriations for the Department of Detember 30, 2011, and for other purposes. the Government for the fiscal year ending Sep- fense and the other departments and agencies of