I 

111TH CONGRESS 

2D SESSION H. R. 5745 

Making supplemental appropriations for the fiscal year ending September 

30, 2010, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2010 

Mr. LEWIS of California (for himself, Mr. YOUNG of Florida, Mr. ROGERS of 

Kentucky, Mr. WOLF, Mr. KINGSTON, Mr. FRELINGHUYSEN, Mr. 

LATHAM, Mr. ADERHOLT, Mrs. EMERSON, Ms. GRANGER, Mr. SIMPSON, 

Mr. CULBERSON, Mr. KIRK, Mr. CRENSHAW, Mr. CARTER, Mr. ALEXANDER, Mr. CALVERT, Mr. BONNER, Mr. COLE, Mr. WAMP, Mr. 

REHBERG, and Mr. LATOURETTE) introduced the following bill; which 

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

Committee on the Budget, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

Making supplemental appropriations for the fiscal year 

ending September 30, 2010, and for other purposes. 

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

3 Thatthe following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2010, and for other pur6 poses, namely: 


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1 TITLE I 

2 CHAPTER 1 

3 DEPARTMENT OF AGRICULTURE 

4 FARM SERVICE AGENCY

5 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

6 ACCOUNT

7 For an additional amount for gross obligations for 

8 the principal amount of direct and guaranteed farm own9 ership (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 

10 1941 et seq.) loans, to be available from funds in the Agri11 cultural Credit Insurance Fund, as follows: guaranteed 

12 farm ownership loans, $300,000,000; operating loans, 

13 $650,000,000, of which $250,000,000 shall be for unsub14 sidized guaranteed loans, $50,000,000 shall be for sub15 sidized guaranteed loans, and $350,000,000 shall be for 

16 direct loans. 

17 For an additional amount for the cost of direct and 

18 guaranteed loans, including the cost of modifying loans as 

19 defined in section 502 of the Congressional Budget Act 

20 of 1974, as follows: guaranteed farm ownership loans, 

21 $1,110,000; operating loans, $29,470,000, of which 

22 $5,850,000 shall be for unsubsidized guaranteed loans, 

23 $7,030,000 shall be for subsidized guaranteed loans, and 

24 $16,590,000 shall be for direct loans. 


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1 For an additional amount for administrative expenses 

2 necessary to carry out the direct and guaranteed loan pro3 grams, $1,000,000. 

4 EMERGENCY FOREST RESTORATION PROGRAM

5 For implementation of the emergency forest restora6 tion program established under section 407 of the Agricul7 tural Credit Act of 1978 (16 U.S.C. 2206) for expenses 

8 resulting from natural disasters that occurred on or after 

9 January 1, 2010, and for other purposes, $18,000,000, 

10 to remain available until expended: Provided, That the 

11 program: (1) shall be carried out without regard to chap12 ter 35 of title 44, United States Code (commonly known 

13 as the ‘‘Paperwork Reduction Act’’) and the Statement 

14 of Policy of the Secretary of Agriculture effective July 24, 

15 1971 (36 Fed. Reg. 13804), relating to notices of pro16 posed rulemaking and public participation in rulemaking; 

17 and (2) with rules issued without a prior opportunity for 

18 notice and comment except, as determined to be appro19 priate by the Farm Service Agency, rules may be promul20 gated by an interim rule effective on publication with an 

21 opportunity for notice and comment: Provided further, 

22 That in carrying out this program, the Secretary shall use 

23 the authority provided under section 808(2) of title 5, 

24 United States Code: Provided further, That to reduce Fed25 eral costs in administering this heading, the emergency 


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1 forest restoration program shall be considered to have met 

2 the requirements of the National Environmental Policy 

3 Act of 1969 (42 U.S.C. 4321 et seq.) for activities similar 

4 in nature and quantity to those of the emergency con5 servation program established under title IV of the Agri6 cultural Credit Act of 1978 (16 U.S.C. 2201 et seq.). 

7 FOREIGN AGRICULTURAL SERVICE

8 FOOD FOR PEACE TITLE II GRANTS

9 For an additional amount for ‘‘Food for Peace Title 

10 II Grants’’ for emergency relief and rehabilitation, and 

11 other expenses related to Haiti following the earthquake 

12 of January 12, 2010, and for other disaster-response ac13 tivities relating to the earthquake, $150,000,000, to re14 main available until expended. 

15 GENERAL PROVISIONS—THIS CHAPTER 

16 SEC. 101. None of the funds appropriated or made 

17 available by this or any other Act shall be used to pay 

18 the salaries and expenses of personnel to carry out a bio19 mass crop assistance program as authorized by section 

20 9011 of Public Law 107–171 in excess of $552,000,000 

21 in fiscal year 2010 or $432,000,000 in fiscal year 2011: 

22 Provided, That section 3002 shall not apply to the amount 

23 under this section. 


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1 SEC. 102. (a) Section 502(h)(8) of the Housing Act 

2 of 1949 (42 U.S.C. 1472(h)(8)) is amended to read as 

3 follows: 

4 ‘‘(8) FEES.—Notwithstanding paragraph 

5 (14)(D), with respect to a guaranteed loan issued or 

6 modified under this subsection, the Secretary may 

7 collect from the lender— 

8 ‘‘(A) at the time of issuance of the guar9 antee or modification, a fee not to exceed 3.5 

10 percent of the principal obligation of the loan; 

11 and 

12 ‘‘(B) an annual fee not to exceed 0.5 per13 cent of the outstanding principal balance of the 

14 loan for the life of the loan.’’. 

15 (b) Section 739 of the Agriculture, Rural Develop16 ment, Food and Drug Administration, and Related Agen17 cies Appropriation Act, 2001 (H.R. 5426 as enacted by 

18 Public Law 106–387, 115 Stat. 1549A–34) is repealed. 

19 (c) For gross obligations for the principal amount of 

20 guaranteed loans as authorized by title V of the Housing 

21 Act of 1949, to be available from funds in the rural hous22 ing insurance fund, an additional amount shall be for sec23 tion 502 unsubsidized guaranteed loans sufficient to meet 

24 the remaining fiscal year 2010 demand, provided that ex25 isting program underwriting standards are maintained, 


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1 and provided further that the Secretary may waive fees 

2 described herein for very low- and low-income borrowers, 

3 not to exceed $697,000,000 in loan guarantees. 

4 CHAPTER 2 

5 DEPARTMENT OF COMMERCE 

6 NATIONAL TELECOMMUNICATIONS AND INFORMATION

7 ADMINISTRATION

8 (RESCISSION)

9 Of the funds made available under the heading ‘‘Na10 tional Telecommunications and Information Administra11 tion’’ for Digital-to-Analog Converter Box Program in 

12 prior years, $111,500,000 are rescinded. 

13 ECONOMIC DEVELOPMENT ADMINISTRATION

14 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

15 Pursuant to section 703 of the Public Works and 

16 Economic Development Act (42 U.S.C. 3233), for an addi17 tional amount for ‘‘Economic Development Assistance 

18 Programs’’, for necessary expenses related to disaster re19 lief, long-term recovery, and restoration of infrastructure 

20 in States that experienced damage due to severe storms 

21 and flooding during March 2010 through May 2010 for 

22 which the President declared a major disaster covering an 

23 entire State or States with more than 20 counties declared 

24 major disasters under title IV of the Robert T. Stafford 


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1 Disaster Relief and Emergency Assistance Act of 1974, 

2 $49,000,000, to remain available until expended. 

3 NATIONAL OCEANIC AND ATMOSPHERIC

4 ADMINISTRATION

5 OPERATIONS, RESEARCH, AND FACILITIES

6 For an additional amount for ‘‘Operations, Research, 

7 and Facilities’’, $5,000,000, for necessary expenses re8 lated to commercial fishery failures as determined by the 

9 Secretary of Commerce in January 2010. 

10 NATIONAL AERONAUTICS AND SPACE 

11 ADMINISTRATION 

12 EXPLORATION

13 The matter contained in title III of division B of Pub14 lic Law 111–117 regarding ‘‘National Aeronautics and 

15 Space Administration Exploration’’ is amended by insert16 ing at the end of the last proviso ‘‘: Provided further, That 

17 notwithstanding any other provision of law or regulation, 

18 funds made available for Constellation in fiscal year 2010 

19 for ‘National Aeronautics and Space Administration Ex20 ploration’ and from previous appropriations for ‘National 

21 Aeronautics and Space Administration Exploration’ shall 

22 be available to fund continued performance of Constella23 tion contracts, and performance of such Constellation con24 tracts may not be terminated for convenience by the NaVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 tional Aeronautics and Space Administration in fiscal year 

2 2010’’. 

3 CHAPTER 3 

4 DEPARTMENT OF DEFENSE—MILITARY 

5 MILITARY PERSONNEL 

6 MILITARY PERSONNEL, ARMY

7 For an additional amount for ‘‘Military Personnel, 

8 Army’’, $1,429,809,000. 

9 MILITARY PERSONNEL, NAVY

10 For an additional amount for ‘‘Military Personnel, 

11 Navy’’, $40,478,000. 

12 MILITARY PERSONNEL, MARINE CORPS

13 For an additional amount for ‘‘Military Personnel, 

14 Marine Corps’’, $145,499,000. 

15 MILITARY PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘Military Personnel, 

17 Air Force’’, $94,068,000. 

18 RESERVE PERSONNEL, ARMY

19 For an additional amount for ‘‘Reserve Personnel, 

20 Army’’, $5,722,000. 

21 RESERVE PERSONNEL, NAVY

22 For an additional amount for ‘‘Reserve Personnel, 

23 Navy’’, $2,637,000. 


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1 RESERVE PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Reserve Personnel, 

3 Marine Corps’’, $34,758,000. 

4 RESERVE PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, 

6 Air Force’’, $1,292,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

8 For an additional amount for ‘‘National Guard Per9 sonnel, Army’’, $33,184,000. 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For an additional amount for ‘‘Operation and Main13 tenance, Army’’, $11,719,927,000, of which $218,300,000 

14 shall be available to restore amounts transferred from this 

15 account to ‘‘Overseas Humanitarian, Disaster, and Civic 

16 Aid’’ for emergency relief activities related to Haiti fol17 lowing the earthquake of January 12, 2010, and for other 

18 disaster-response activities relating to the earthquake. 

19 OPERATION AND MAINTENANCE, NAVY

20 For an additional amount for ‘‘Operation and Main21 tenance, Navy’’, $2,735,194,000, of which $187,600,000 

22 shall be available to restore amounts transferred from this 

23 account to ‘‘Overseas Humanitarian, Disaster, and Civic 

24 Aid’’ for emergency relief activities related to Haiti folVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 lowing the earthquake of January 12, 2010, and for other 

2 disaster-response activities relating to the earthquake. 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $829,326,000, of which 

6 $30,700,000 shall be available to restore amounts trans7 ferred from this account to ‘‘Overseas Humanitarian, Dis8 aster, and Civic Aid’’ for emergency relief activities related 

9 to Haiti following the earthquake of January 12, 2010, 

10 and for other disaster-response activities relating to the 

11 earthquake. 

12 OPERATION AND MAINTENANCE, AIR FORCE

13 For an additional amount for ‘‘Operation and Main14 tenance, Air Force’’, $3,835,095,000, of which 

15 $218,400,000 shall be available to restore amounts trans16 ferred from this account to ‘‘Overseas Humanitarian, Dis17 aster, and Civic Aid’’ for emergency relief activities related 

18 to Haiti following the earthquake of January 12, 2010, 

19 and for other disaster-response activities relating to the 

20 earthquake. 

21 OPERATION AND MAINTENANCE, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Operation and Main24 tenance, Defense-Wide’’, $1,236,727,000: Provided, That 

25 up to $50,000,000, to remain available until expended, 


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1 shall be available for transfer to the Port of Guam Im2 provement Enterprise Fund established by section 3512 

3 of the Duncan Hunter National Defense Authorization 

4 Act for Fiscal Year 2009 (Public Law 110–417): Provided 

5 further, That funds transferred under the previous proviso 

6 shall be merged with and available for obligation for the 

7 same time period and for the same purposes as the appro8 priation to which transferred: Provided further, That these 

9 funds may be transferred by the Secretary of Defense only 

10 if he determines such amounts are required to improve 

11 facilities, relieve port congestion, and provide greater ac12 cess to port facilities: Provided further, That any amounts 

13 transferred pursuant to the previous three provisos shall 

14 be available to the Secretary of Transportation, acting 

15 through the Administrator of the Maritime Administra16 tion, to carry out under the Port of Guam Improvement 

17 Enterprise Program planning, design, and construction of 

18 projects for the Port of Guam to improve facilities, relieve 

19 port congestion, and provide greater access to port facili20 ties: Provided further, That the transfer authority in this 

21 section is in addition to any other transfer authority avail22 able to the Department of Defense: Provided further, That 

23 the Secretary shall, not fewer than five days prior to mak24 ing transfers under this authority, notify the congressional 


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1 defense committees in writing of the details of any such 

2 transfer. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Army Reserve’’, $41,006,000. 

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For an additional amount for ‘‘Operation and Main8 tenance, Navy Reserve’’, $75,878,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For an additional amount for ‘‘Operation and Main12 tenance, Marine Corps Reserve’’, $857,000. 

13 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Air Force Reserve’’, $124,039,000. 

16 OPERATION AND MAINTENANCE, ARMY NATIONAL

17 GUARD

18 For an additional amount for ‘‘Operation and Main19 tenance, Army National Guard’’, $180,960,000. 

20 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

21 For an additional amount for ‘‘Operation and Main22 tenance, Air National Guard’’, $203,287,000. 

23 AFGHANISTAN SECURITY FORCES FUND

24 For an additional amount for ‘‘Afghanistan Security 

25 Forces Fund’’, $2,604,000,000, to remain available until 


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1 September 30, 2011: Provided, That such funds shall be 

2 available to the Secretary of Defense, notwithstanding any 

3 other provision of law, for the purpose of allowing the 

4 Commander, Combined Security Transition Command— 

5 Afghanistan, or the Secretary’s designee, to provide assist6 ance, with the concurrence of the Secretary of State, to 

7 the security forces of Afghanistan, including the provision 

8 of equipment, supplies, services, training, facility and in9 frastructure repair, renovation, and construction, and 

10 funding: Provided further, That the authority to provide 

11 assistance under this heading is in addition to any other 

12 authority to provide assistance to foreign nations: Pro13 vided further, That contributions of funds for the purposes 

14 provided herein from any person, foreign government, or 

15 international organization may be credited to this Fund, 

16 to remain available until expended, and used for such pur17 poses: Provided further, That the Secretary shall notify the 

18 congressional defense committees in writing upon the re19 ceipt and upon the transfer of any contribution, delin20 eating the sources and amounts of the funds received and 

21 the specific use of such contributions: Provided further, 

22 That the Secretary of Defense shall, not fewer than 15 

23 days prior to making transfers from this appropriation ac24 count, notify the congressional defense committees in writ25 ing of the details of any such transfer. 


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1 IRAQ SECURITY FORCES FUND

2 For the ‘‘Iraq Security Forces Fund’’, 

3 $1,000,000,000, to remain available until September 30, 

4 2011: Provided, That such funds shall be available to the 

5 Secretary of Defense, notwithstanding any other provision 

6 of law, for the purpose of allowing the Commander, United 

7 States Forces—Iraq, or the Secretary’s designee, to pro8 vide assistance, with the concurrence of the Secretary of 

9 State, to the security forces of Iraq, including the provi10 sion of equipment, supplies, services, training, facility and 

11 infrastructure repair, and renovation: Provided further, 

12 That the authority to provide assistance under this head13 ing is in addition to any other authority to provide assist14 ance to foreign nations: Provided further, That contribu15 tions of funds for the purposes provided herein from any 

16 person, foreign government, or international organization 

17 may be credited to this Fund, to remain available until 

18 expended, and used for such purposes: Provided further, 

19 That the Secretary shall notify the congressional defense 

20 committees in writing upon the receipt and upon the 

21 transfer of any contribution, delineating the sources and 

22 amounts of the funds received and the specific use of such 

23 contributions: Provided further, That the Secretary of De24 fense shall, not fewer than 15 days prior to making trans25 fers from this appropriation account, notify the congresVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 sional defense committees in writing of the details of any 

2 such transfer. 

3 PROCUREMENT 

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Army’’, $219,470,000, to remain available until Sep7 tember 30, 2012. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For an additional amount for ‘‘Procurement of Weap11 ons and Tracked Combat Vehicles, Army’’, $3,000,000, to 

12 remain available until September 30, 2012. 

13 PROCUREMENT OF AMMUNITION, ARMY

14 For an additional amount for ‘‘Procurement of Am15 munition, Army’’, $17,055,000, to remain available until 

16 September 30, 2012. 

17 OTHER PROCUREMENT, ARMY

18 For an additional amount for ‘‘Other Procurement, 

19 Army’’, $2,065,006,000, to remain available until Sep20 tember 30, 2012. 

21 AIRCRAFT PROCUREMENT, NAVY

22 For an additional amount for ‘‘Aircraft Procurement, 

23 Navy’’, $296,000,000, to remain available until September 

24 30, 2012. 


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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement, 

3 Navy’’, $31,576,000, to remain available until September 

4 30, 2012. 

5 PROCUREMENT, MARINE CORPS

6 For an additional amount for ‘‘Procurement, Marine 

7 Corps’’, $162,927,000, to remain available until Sep8 tember 30, 2012. 

9 AIRCRAFT PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Aircraft Procurement, 

11 Air Force’’, $174,766,000, to remain available until Sep12 tember 30, 2012. 

13 OTHER PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Other Procurement, 

15 Air Force’’, $672,741,000, to remain available until Sep16 tember 30, 2012. 

17 PROCUREMENT, DEFENSE-WIDE

18 For an additional amount for ‘‘Procurement, De19 fense-Wide’’, $189,276,000, to remain available until Sep20 tember 30, 2012. 

21 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for the ‘‘Mine Resistant 

24 Ambush Protected Vehicle Fund’’, $1,123,000,000, to re25 main available until September 30, 2011: Provided, That 


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1 such funds shall be available to the Secretary of Defense, 

2 notwithstanding any other provision of law, to procure, 

3 sustain, transport, and field Mine Resistant Ambush Pro4 tected vehicles: Provided further, That the Secretary shall 

5 transfer such funds only to appropriations for operations 

6 and maintenance; procurement; research, development, 

7 test and evaluation; and defense working capital funds to 

8 accomplish the purpose provided herein: Provided further, 

9 That the funds transferred shall be merged with and avail10 able for the same purposes and the same time period as 

11 the appropriation to which they are transferred: Provided 

12 further, That this transfer authority is in addition to any 

13 other transfer authority available to the Department of 

14 Defense: Provided further, That the Secretary shall, not 

15 fewer than 10 days prior to making transfers from this 

16 appropriation, notify the congressional defense committees 

17 in writing of the details of any such transfer. 

18 RESEARCH, DEVELOPMENT, TEST AND 

19 EVALUATION 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 NAVY

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Navy’’, $44,835,000, to re24 main available until September 30, 2011. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $163,775,000, to 

5 remain available until September 30, 2011. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 DEFENSE-WIDE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Defense-Wide’’, $65,138,000, 

10 to remain available until September 30, 2011. 

11 REVOLVING AND MANAGEMENT FUNDS 

12 DEFENSE WORKING CAPITAL FUNDS

13 For an additional amount for ‘‘Defense Working 

14 Capital Funds’’, $1,134,887,000, to remain available until 

15 expended. 

16 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

17 DEFENSE HEALTH PROGRAM

18 For an additional amount for ‘‘Defense Health Pro19 gram’’, $33,367,000 for operation and maintenance: Pro20 vided, That language under this heading in title VI, divi21 sion A of Public Law 111–118 is amended by striking 

22 ‘‘$15,093,539,000’’ and inserting in lieu thereof 

23 ‘‘$15,121,714,000’’. 


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Drug Interdiction and 

4 Counter-Drug Activities, Defense’’, $94,000,000, to re5 main available until September 30, 2011. 

6 GENERAL PROVISIONS—THIS CHAPTER 

7 SEC. 301. Funds appropriated by this Act, or made 

8 available by the transfer of funds in this Act, for intel9 ligence activities are deemed to be specifically authorized 

10 by the Congress for purposes of section 504(a)(1) of the 

11 National Security Act of 1947 (50 U.S.C. 414(a)(1)): Pro12 vided, That section 8079 of the Department of Defense 

13 Appropriations Act, 2010 (Public Law 111–118; 123 Stat. 

14 3446) is amended by striking ‘‘fiscal year 2010 until’’ and 

15 all that follows and insert ‘‘fiscal year 2010.’’. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 302. Section 8005 of the Department of De18 fense Appropriations Act, 2010 (division A of Public Law 

19 111–118) is amended by striking ‘‘$4,000,000,000’’ and 

20 inserting ‘‘$4,500,000,000’’. 

21 SEC. 303. Funds made available in this chapter to 

22 the Department of Defense for operation and maintenance 

23 may be used to purchase items having an investment unit 

24 cost of not more than $250,000: Provided, That upon de25 termination by the Secretary of Defense that such action 


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1 is necessary to meet the operational requirements of a 

2 Commander of a Combatant Command engaged in contin3 gency operations overseas, such funds may be used to pur4 chase items having an investment item unit cost of not 

5 more than $500,000. 

6 SEC. 304. Of the funds obligated or expended by any 

7 Federal agency in support of emergency humanitarian as8 sistance services at the request of or in coordination with 

9 the Department of Defense, the Department of State, or 

10 the U.S. Agency for International Development, on or 

11 after January 12, 2010 and before February 12, 2010, 

12 in support of the Haitian earthquake relief efforts not to 

13 exceed $500,000 are deemed to be specifically authorized 

14 by the Congress. 

15 SEC. 305. Section 8011 of the title VIII, division A 

16 of Public Law 111–118 is amended by striking ‘‘within 

17 30 days of enactment of this Act’’ and inserting in lieu 

18 thereof ‘‘30 days prior to contract award’’. 

19 (RESCISSIONS)

20 SEC. 306. (a) Of the funds appropriated in Depart21 ment of Defense Appropriation Acts, the following funds 

22 are hereby rescinded from the following accounts and pro23 grams in the specified amounts: 

24 ‘‘Other Procurement, Air Force, 2009/2011’’, 

25 $5,000,000; and 


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1 ‘‘Research, Development, Test and Evaluation, 

2 Army, 2009/2010’’, $72,161,000. 

3 (b) Section 3002 shall not apply to the amounts in 

4 this section. 

5 SEC. 307. None of the funds provided in this chapter 

6 may be used to finance programs or activities denied by 

7 Congress in fiscal years 2009 or 2010 appropriations to 

8 the Department of Defense or to initiate a procurement 

9 or research, development, test and evaluation new start 

10 program without prior written notification to the congres11 sional defense committees. 

12 HIGH-VALUE DETAINEE INTERROGATION GROUP

13 CHARTER AND REPORT

14 SEC. 308. (a) SUBMISSION OF CHARTER AND PROCE15 DURES.—Not later than 30 days after the final approval 

16 of the charter and procedures for the interagency body es17 tablished to carry out an interrogation pursuant to a rec18 ommendation of the report of the Special Task Force on 

19 interrogation and Transfer Policies submitted under sec20 tion 5(g) of Executive Order 13491 (commonly known as 

21 the High-Value Detainee Interrogation Group), or not 

22 later than 30 days after the date of the enactment of this 

23 Act, whichever is later, the Director of National Intel24 ligence shall submit to the congressional intelligence com25 mittees such charter and procedures. 


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1 (b) UPDATES.—Not later than 30 days after the final 

2 approval of any significant modification or revision to the 

3 charter or procedures referred to in subsection (a), the Di4 rector of National Intelligence shall submit to the congres5 sional intelligence committees any such modification or re6 vision. 

7 (c) LESSONS LEARNED.—Not later than 60 days 

8 after the date of the enactment of this Act, the Director 

9 of National Intelligence shall submit to the congressional 

10 intelligence committees a report setting forth an analysis 

11 and assessment of the lessons learned as a result of the 

12 operations and activities of the High-Value Detainee In13 terrogation Group since the establishment of that group. 

14 (d) SUBMITTAL OF CHARTER AND REPORTS TO AD15 DITIONAL COMMITTEES OF CONGRESS.—At the same time 

16 the Director of National Intelligence submits the charter 

17 and procedures referred to in subsection (a), any modifica18 tion or revision to the charter or procedures under sub19 section (b), and any report under subsection (c) to the 

20 congressional intelligence committees, the Director shall 

21 also submit such matter to— 

22 (1) the Committees on Armed Services, Home23 land Security and Governmental Affairs, the Judici24 ary, and Appropriations of the Senate; and 


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1 (2) the Committees on Armed Services, Home2 land Security, the Judiciary, and Appropriations of 

3 the House of Representatives. 

4 CHAPTER 4 

5 DEPARTMENT OF DEFENSE—CIVIL 

6 DEPARTMENT OF THE ARMY 

7 CORPS OF ENGINEERS—CIVIL

8 INVESTIGATIONS

9 For an additional amount for ‘‘Investigations’’, 

10 $5,400,000: Provided, That funds provided under this 

11 heading in this chapter shall be used for studies in States 

12 affected by severe storms and flooding: Provided further, 

13 That the Assistant Secretary of the Army for Civil Works 

14 shall provide a monthly report to the Committees on Ap15 propriations of the House of Representatives and the Sen16 ate detailing the allocation and obligation of these funds, 

17 beginning not later than 60 days after enactment of this 

18 Act. 

19 MISSISSIPPI RIVER AND TRIBUTARIES

20 For an additional amount for ‘‘Mississippi River and 

21 Tributaries’’ to dredge eligible projects in response to, and 

22 repair damages to Federal projects caused by, natural dis23 asters, $18,600,000, to remain available until expended: 

24 Provided, That the Assistant Secretary of the Army for 

25 Civil Works shall provide a monthly report to the CommitVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 tees on Appropriations of the House of Representatives 

2 and the Senate detailing the allocation and obligation of 

3 these funds, beginning not later than 60 days after enact4 ment of this Act. 

5 OPERATION AND MAINTENANCE

6 For an additional amount for ‘‘Operation and Main7 tenance’’ to dredge navigation projects in response to, and 

8 repair damages to Corps projects caused by, natural disas9 ters, $173,000,000, to remain available until expended: 

10 Provided, That the Secretary of the Army is directed to 

11 use $44,000,000 of the amount provided under this head12 ing for nondisaster related emergency repairs to critical 

13 infrastructure: Provided further, That the Assistant Sec14 retary of the Army for Civil Works shall provide a monthly 

15 report to the Committees on Appropriations of the House 

16 of Representatives and the Senate detailing the allocation 

17 and obligation of these funds, beginning not later than 60 

18 days after enactment of this Act. 

19 FLOOD CONTROL AND COASTAL EMERGENCIES

20 For an additional amount for ‘‘Flood Control and 

21 Coastal Emergencies’’, as authorized by section 5 of the 

22 Act of August 18, 1941 (33 U.S.C. 701n), for necessary 

23 expenses relating to natural disasters as authorized by 

24 law, $20,000,000, to remain available until expended: Pro25 vided, That the Assistant Secretary of the Army for Civil 


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1 Works shall provide a monthly report to the Committees 

2 on Appropriations of the House of Representatives and the 

3 Senate detailing the allocation and obligation of these 

4 funds, beginning not later than 60 days after enactment 

5 of this Act. 

6 GENERAL PROVISIONS—THIS CHAPTER 

7 EMERGENCY DROUGHT RELIEF

8 SEC. 401. For an additional amount for ‘‘Water and 

9 Related Resources’’, $10,000,000, for drought emergency 

10 assistance: Provided, That financial assistance may be 

11 provided under the Reclamation States Emergency 

12 Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.) and 

13 any other applicable Federal law (including regulations) 

14 for the optimization and conservation of project water sup15 plies to assist drought-plagued areas of the West. 

16 SEC. 402. Funds made available in the Energy and 

17 Water Development and Related Agencies Appropriations 

18 Act, 2010 (Public Law 111–85), under the account 

19 ‘‘Weapons Activities’’ shall be available for the purchase 

20 of not to exceed one aircraft. 

21 RECLASSIFICATION OF CERTAIN APPROPRIATIONS FOR

22 THE NATIONAL NUCLEAR SECURITY ADMINISTRATION

23 SEC. 403. (a) FISCAL YEAR 2009 APPROPRIA24 TIONS.—The matter under the heading ‘‘Weapons Activi25 ties’’ under the heading ‘‘National Nuclear Security AdVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 ministration’’ under the heading ‘‘Atomic Energy Defense 

2 Activities’’ under the heading ‘‘Department of Energy’’ 

3 under title III of division C of the Omnibus Appropriations 

4 Act, 2009 (Public Law 111–8; 123 Stat. 621) is amended 

5 by striking ‘‘the 09–D–007 LANSCE Refurbishment, 

6 PED,’’ and inserting ‘‘capital equipment acquisition, in7 stallation, and associated design funds for LANSCE,’’. 

8 (b) FISCAL YEAR 2010 APPROPRIATIONS.—The 

9 amount appropriated under the heading ‘‘Weapons Activi10 ties’’ under the heading ‘‘National Nuclear Security Ad11 ministration’’ under the heading ‘‘Atomic Energy Defense 

12 Activities’’ under the heading ‘‘Department of Energy’’ 

13 under title III of the Energy and Water Development and 

14 Related Agencies Appropriations Act, 2010 (Public Law 

15 111–85; 123 Stat. 2866) and made available for LANSCE 

16 Reinvestment, PED, Los Alamos National Laboratory, 

17 Los Alamos, New Mexico, shall be made available instead 

18 for capital equipment acquisition, installation, and associ19 ated design funds for LANSCE, Los Alamos National 

20 Laboratory, Los Alamos, New Mexico. 

21 SEC. 404. (a) Section 104(c) of the Reclamation 

22 States Emergency Drought Relief Act of 1991 (43 U.S.C. 

23 2214(c)) is amended by striking ‘‘September 30, 2010’’ 

24 and inserting ‘‘September 30, 2012’’ in lieu thereof. 


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1 (b) Section 301 of the Reclamation States Emergency 

2 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 

3 by striking ‘‘through 2010’’ and inserting ‘‘through 2012’’ 

4 in lieu thereof. 

5 SEC. 405. (a) The Secretary of the Army shall not 

6 be required to make a determination under the National 

7 Historic Preservation Act of 1966 (16 U.S.C. 470, et seq.) 

8 for the project for flood control, Trinity River and tribu9 taries, Texas, authorized by section 2 of the Act entitled 

10 ‘‘An Act authorizing the construction, repair, and preser11 vation of certain public works on rivers and harbors, and 

12 for other purposes’’, approved March 2, 1945 (59 Stat. 

13 18), as modified by section 5141 of the Water Resources 

14 Development Act of 2007 (121 Stat. 1253). 

15 (b) The Federal Highway Administration is exempt 

16 from the requirements of 49 U.S.C. 303 and 23 U.S.C. 

17 138 for any highway project to be constructed in the vicin18 ity of the Dallas Floodway, Dallas, Texas. 

19 SEC. 406. (a) The Secretary of the Army may use 

20 funds made available under the heading ‘‘OPERATION AND

21 MAINTENANCE’’ of this chapter to place, at full Federal 

22 expense, dredged material available from maintenance 

23 dredging of existing Federal navigation channels located 

24 in the Gulf Coast region to mitigate the impacts of the 

25 Deepwater Horizon Oil spill in the Gulf of Mexico. 


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1 (b) The Secretary of the Army shall coordinate the 

2 placement of dredged material with appropriate Federal 

3 and Gulf Coast State agencies. 

4 (c) The placement of dredged material pursuant to 

5 this section shall not be subject to a least-cost-disposal 

6 analysis or to the development of a Chief of Engineers 

7 report. 

8 (d) Nothing in this section shall affect the ability or 

9 authority of the Federal Government to recover costs from 

10 an entity determined to be a responsible party in connec11 tion with the Deepwater Horizon Oil spill pursuant to the 

12 Oil Pollution Act of 1990 or any other applicable Federal 

13 statute for actions undertaken pursuant to this section. 

14 CHAPTER 5 

15 DEPARTMENT OF THE TREASURY 

16 DEPARTMENTAL OFFICES

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Salaries and Ex19 penses’’ for necessary expenses for emergency relief, reha20 bilitation, and reconstruction aid, and other expenses re21 lated to Haiti following the earthquake of January 12, 

22 2010, and for other disaster-response activities relating to 

23 the earthquake, $690,000, to remain available until ex24 pended: Provided, That funds appropriated in this para25 graph may be used to reimburse obligations incurred for 


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1 the purposes provided herein prior to enactment of this 

2 Act. 

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 (RESCISSION)

6 Of the amounts made available for necessary ex7 penses of the Office of Inspector General under this head8 ing in Public Law 111–117, $1,800,000 are rescinded: 

9 Provided, That section 3002 shall not apply to the amount 

10 under this heading. 

11 DISTRICT OF COLUMBIA 

12 FEDERAL FUNDS

13 FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE

14 FOR THE DISTRICT OF COLUMBIA

15 (INCLUDING RESCISSION)

16 For an additional amount for ‘‘Federal Payment to 

17 the Public Defender Service for the District of Columbia’’, 

18 $700,000, to remain available until September 30, 2012. 

19 Of the funds provided under this heading for ‘‘Fed20 eral Payment to the District of Columbia Public Defender 

21 Service’’ in title IV of division D of Public Law 111–8, 

22 $700,000 are rescinded: Provided, That section 3002 shall 

23 not apply to the amounts under this heading. 


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1 INDEPENDENT AGENCY 

2 FINANCIAL CRISIS INQUIRY COMMISSION

3 SALARIES AND EXPENSES

4 For the necessary expenses of the Financial Crisis In5 quiry Commission established pursuant to section 5 of the 

6 Fraud Enforcement and Recovery Act of 2009 (Public 

7 Law 111–21), $1,800,000, to remain available until Feb8 ruary 15, 2011: Provided, That section 3002 shall not 

9 apply to the amount under this heading. 

10 CHAPTER 6 

11 DEPARTMENT OF HOMELAND SECURITY 

12 COAST GUARD

13 OPERATING EXPENSES

14 For an additional amount for ‘‘Operating Expenses’’ 

15 for necessary expenses and other disaster-response activi16 ties related to Haiti following the earthquake of January 

17 12, 2010, $50,000,000, to remain available until Sep18 tember 30, 2012. 

19 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

20 For an additional amount for ‘‘Acquisition, Construc21 tion, and Improvements’’, $15,500,000, to remain avail22 able until September 30, 2014, for aircraft replacement. 


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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 DISASTER RELIEF

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Disaster Relief’’, 

5 $5,100,000,000, to remain available until expended, of 

6 which $5,000,000 shall be transferred to the Department 

7 of Homeland Security Office of the Inspector General for 

8 audits and investigations related to disasters. 

9 UNITED STATES CITIZENSHIP AND IMMIGRATION

10 SERVICES

11 For an additional amount for ‘‘United States Citizen12 ship and Immigration Services’’ for necessary expenses 

13 and other disaster response activities related to Haiti fol14 lowing the earthquake of January 12, 2010, $10,600,000, 

15 to remain available until September 30, 2011. 

16 GENERAL PROVISIONS—THIS CHAPTER 

17 SEC. 601. Notwithstanding the 10 percent limitation 

18 contained in section 503(c) of Public Law 111–83, for fis19 cal year 2010, the Secretary of Homeland Security may 

20 transfer to the fund established by 8 U.S.C. 1101 note, 

21 up to $20,000,000, from appropriations available to the 

22 Department of Homeland Security: Provided, That the 

23 Secretary shall notify the Committees on Appropriations 

24 of the Senate and House of Representatives 5 days in ad25 vance of such transfer. 


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1 (RESCISSIONS)

2 SEC. 602. (a) The following unobligated balances 

3 made available pursuant to section 505 of Public Law 

4 110–329 are rescinded: $2,200,000 from Coast Guard 

5 ‘‘Operating Expenses’’; $1,800,000 from the ‘‘Office of 

6 the Secretary and Executive Management’’; and $489,152 

7 from ‘‘Analysis and Operations’’. 

8 (b) The third clause of the proviso directing the ex9 penditure of funds under the heading ‘‘Alteration of 

10 Bridges’’ in the Department of Homeland Security Appro11 priations Act, 2009, is repealed, and from available bal12 ances made available for Coast Guard ‘‘Alteration of 

13 Bridges’’, $5,910,848 are rescinded: Provided, That funds 

14 rescinded pursuant to this subsection shall exclude bal15 ances made available in the American Recovery and Rein16 vestment Act of 2009 (Public Law 111–5). 

17 (c) From the unobligated balances of appropriations 

18 made available in Public Law 111–83 to the ‘‘Office of 

19 the Federal Coordinator for Gulf Coast Rebuilding’’, 

20 $700,000 are rescinded. 

21 (d) Section 3002 shall not apply to the amounts in 

22 this section. 

23 SEC. 603. The Administrator of the Federal Emer24 gency Management Agency shall consider satisfied for 

25 Hurricane Katrina the non-Federal match requirement for 


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1 assistance provided by the Federal Emergency Manage2 ment Agency pursuant to section 404(a) of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act, 

4 42 U.S.C. 5170c(a). 

5 SEC. 604. Funds appropriated in Public Law 111– 

6 83 under the heading National Protection and Programs 

7 Directorate ‘‘Infrastructure Protection and Information 

8 Security’’ shall be available for facility upgrades and re9 lated costs to establish a United States Computer Emer10 gency Readiness Team Operations Support Center/Con11 tinuity of Operations capability. 

12 SEC. 605. Two C–130J aircraft funded elsewhere in 

13 this Act shall be transferred to the Coast Guard. 

14 SEC. 606. Notwithstanding any other provision of 

15 law, including any agreement, the Federal share of assist16 ance, including direct Federal assistance provided under 

17 sections 403, 406, and 407 of the Robert T. Stafford Dis18 aster Relief and Emergency Assistance Act (42 U.S.C. 

19 5140b, 5172, and 5173), for damages resulting from 

20 FEMA–3311–EM–RI, FEMA–1894–DR, FEMA–1906– 

21 DR, FEMA–1909–DR, and all other areas Presidentially 

22 declared a disaster, prior to or following enactment, and 

23 resulting from the May 1 and 2, 2010 weather events that 

24 elicited FEMA–1909–DR, shall not be less than 90 per25 cent of the eligible costs under such sections. 


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1 SEC. 607. (a) Not later than 30 days after the date 

2 of the enactment of this Act, the Assistant Secretary for 

3 the Transportation Security Administration shall issue a 

4 security directive that requires a commercial foreign air 

5 carrier who operates flights in and out of the United 

6 States to check the list of individuals that the Transpor7 tation Security Administration has prohibited from flying 

8 not later than 30 minutes after such list is modified and 

9 provided to such air carrier. 

10 (b) The requirements of subsection (a) shall not apply 

11 to commercial foreign air carriers that operate flights in 

12 and out of the United States and that are enrolled in the 

13 Secure Flight program or that are Advance Passenger In14 formation System Quick Query (AQQ) compliant. 

15 CHAPTER 7 

16 DEPARTMENT OF LABOR 

17 DEPARTMENTAL MANAGEMENT

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Departmental Man21 agement’’ for mine safety activities and legal services re22 lated to the Department of Labor’s caseload before the 

23 Federal Mine Safety and Health Review Commission 

24 (‘‘FMSHRC’’), $18,200,000, which shall remain available 

25 for obligation through the date that is 12 months after 


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1 the date of enactment of this Act: Provided, That the Sec2 retary of Labor may transfer such sums as necessary to 

3 the ‘‘Mine Safety and Health Administration’’ for enforce4 ment and mine safety activities, which may include con5 ference litigation functions related to the FMSHRC case6 load, investigation of the Upper Big Branch Mine disaster, 

7 standards and rulemaking activities, emergency response 

8 equipment purchases and upgrades, and organizational 

9 improvements: Provided further, That the Committees on 

10 Appropriations of the Senate and the House of Represent11 atives are notified at least 15 days in advance of any 

12 transfer. 

13 DEPARTMENT OF HEALTH AND HUMAN 

14 SERVICES 

15 OFFICE OF THE SECRETARY

16 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

17 FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Public Health and So20 cial Services Emergency Fund’’ for necessary expenses for 

21 emergency relief and reconstruction aid, and other ex22 penses related to Haiti following the earthquake of Janu23 ary 12, 2010, and for other disaster-response activities re24 lating to the earthquake, $220,000,000, to remain avail25 able until expended: Provided, That these funds may be 


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1 transferred by the Secretary to accounts within the De2 partment of Health and Human Services, shall be merged 

3 with the appropriation to which transferred, and shall be 

4 available only for the purposes provided herein: Provided 

5 further, That none of the funds provided in this paragraph 

6 may be transferred prior to notification of the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate: Provided further, That the transfer authority pro9 vided in this paragraph is in addition to any other transfer 

10 authority available in this or any other Act: Provided fur11 ther, That funds appropriated in this paragraph may be 

12 used to reimburse agencies for obligations incurred for the 

13 purposes provided herein prior to enactment of this Act: 

14 Provided further, That funds may be used for the non15 Federal share of expenditures for medical assistance fur16 nished under title XIX of the Social Security Act, and for 

17 child health assistance furnished under title XXI of such 

18 Act, that are related to earthquake response activities: 

19 Provided further, That funds may be used for services per20 formed by the National Disaster Medical System in con21 nection with such earthquake, for the return of evacuated 

22 Haitian citizens to Haiti, and for grants to States and 

23 other entities to reimburse payments made for otherwise 

24 uncompensated health and human services furnished in 

25 connection with individuals given permission by the United 


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1 States Government to come from Haiti to the United 

2 States after such earthquake, and not eligible for assist3 ance under such titles: Provided further, That the limita4 tion in subsection (d) of section 1113 of the Social Secu5 rity Act shall not apply with respect to any repatriation 

6 assistance provided in response to the Haiti earthquake 

7 of January 12, 2010: Provided further, That with respect 

8 to the previous proviso, such additional repatriation assist9 ance shall only be available from the funds appropriated 

10 herein. 

11 RELATED AGENCY 

12 FEDERAL MINE SAFETY AND HEALTH REVIEW

13 COMMISSION

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Federal Mine Safety 

16 and Health Review Commission, Salaries and Expenses’’ 

17 $3,800,000, to remain available for obligation for 12 

18 months after enactment of this Act. 

19 CHAPTER 8 

20 HOUSE OF REPRESENTATIVES 

21 PAYMENT TO WIDOWS AND HEIRS OF DECEASED

22 MEMBERS OF CONGRESS

23 For a payment to Joyce Murtha, widow of John P. 

24 Murtha, late a Representative from Pennsylvania, 


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1 $174,000: Provided, That section 3002 shall not apply to 

2 this appropriation. 

3 CAPITOL POLICE 

4 GENERAL EXPENSES

5 For an additional amount for ‘‘Capitol Police, Gen6 eral Expenses’’ to purchase and install the indoor coverage 

7 portion of the new radio system for the Capitol Police, 

8 $12,956,000, to remain available until September 30, 

9 2012: Provided, That the Chief of the Capitol Police may 

10 not obligate any of the funds appropriated under this 

11 heading without approval of an obligation plan by the 

12 Committees on Appropriations of the Senate and the 

13 House of Representatives. 

14 CHAPTER 9 

15 MILITARY CONSTRUCTION 

16 MILITARY CONSTRUCTION, ARMY

17 For an additional amount for ‘‘Military Construction, 

18 Army’’, $242,296,000, to remain available until Sep19 tember 30, 2012: Provided, That notwithstanding any 

20 other provision of law, such funds may be obligated and 

21 expended to carry out planning and design and military 

22 construction projects not otherwise authorized by law. 

23 MILITARY CONSTRUCTION, AIR FORCE

24 For an additional amount for ‘‘Military Construction, 

25 Air Force’’, $406,590,000, to remain available until SepVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 tember 30, 2012: Provided, That notwithstanding any 

2 other provision of law, such funds may be obligated and 

3 expended to carry out planning and design and military 

4 construction projects not otherwise authorized by law. 

5 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

6 FORCE

7 For an additional amount for ‘‘Family Housing Oper8 ation and Maintenance, Air Force’’, $7,953,000. 

9 DEPARTMENT OF VETERANS AFFAIRS 

10 VETERANS BENEFITS ADMINISTRATION

11 COMPENSATION AND PENSIONS

12 For an additional amount for ‘‘Compensation and 

13 Pensions’’, $13,377,189,000, to remain available until ex14 pended: Provided, That section 3002 shall not apply to 

15 the amount under this heading. 

16 GENERAL PROVISION—THIS CHAPTER 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 901. (a) Of the amounts made available to the 

19 Department of Veterans Affairs under the ‘‘Construction, 

20 Major Projects’’ account, in fiscal year 2010 or previous 

21 fiscal years, up to $67,000,000 may be transferred to the 

22 ‘‘Filipino Veterans Equity Compensation Fund’’ account 

23 or may be retained in the ‘‘Construction, Major Projects’’ 

24 account and used by the Secretary of Veterans Affairs for 

25 such major medical facility projects (as defined under secVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 tion 8104(a) of title 38, United States Code) that have 

2 been authorized by law as the Secretary considers appro3 priate: Provided, That any amount transferred from ‘‘Con4 struction, Major Projects’’ shall be derived from unobli5 gated balances that are a direct result of bid savings: Pro6 vided further, That no amounts may be transferred from 

7 amounts that were designated by Congress as an emer8 gency requirement pursuant to the Concurrent Resolution 

9 on the Budget or the Balanced Budget and Emergency 

10 Deficit Control Act of 1985, as amended. 

11 (b) Section 3002 shall not apply to the amount in 

12 this section. 

13 LIMITATION ON USE OF FUNDS AVAILABLE TO THE

14 DEPARTMENT OF VETERANS AFFAIRS

15 SEC. 902. The amount made available to the Depart16 ment of Veterans Affairs by this chapter under the head17 ing ‘‘VETERANS BENEFITS ADMINISTRATION’’ under the 

18 heading ‘‘COMPENSATION AND PENSIONS’’ may not be ob19 ligated or expended until the expiration of the period for 

20 Congressional disapproval under chapter 8 of title 5, 

21 United States Code (commonly referred to as the ‘‘Con22 gressional Review Act’’), of the regulations prescribed by 

23 the Secretary of Veterans Affairs pursuant to section 1116 

24 of title 38, United States Code, to establish a service con25 nection between exposure of veterans to Agent Orange 

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1 nam era and hairy cell leukemia and other chronic B cell 

2 leukemias, Parkinson’s disease, and ischemic heart dis3 ease. 

4 CHAPTER 10 

5 DEPARTMENT OF STATE 

6 ADMINISTRATION OF FOREIGN AFFAIRS

7 DIPLOMATIC AND CONSULAR PROGRAMS

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Diplomatic and Con10 sular Programs’’, $1,261,000,000, to remain available 

11 until September 30, 2011: Provided, That the Secretary 

12 of State may transfer up to $149,500,000 of the total 

13 funds made available under this heading to any other ap14 propriation of any department or agency of the United 

15 States, upon concurrence of the head of such department 

16 or agency and after consultation with the Committees on 

17 Appropriations, to support operations in and assistance 

18 for Afghanistan and Pakistan and to carry out the provi19 sions of the Foreign Assistance Act of 1961. 

20 For an additional amount for ‘‘Diplomatic and Con21 sular Programs’’ for necessary expenses for emergency re22 lief, rehabilitation, and reconstruction support, and other 

23 expenses related to Haiti following the earthquake of Jan24 uary 12, 2010, $65,000,000, to remain available until 

25 September 30, 2011: Provided, That funds appropriated 


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1 in this paragraph may be used to reimburse obligations 

2 incurred for the purposes provided herein prior to enact3 ment of this Act: Provided further, That up to $3,700,000 

4 of the funds made available in this paragraph may be 

5 transferred to, and merged with, funds made available 

6 under the heading ‘‘Emergencies in the Diplomatic and 

7 Consular Service’’: Provided further, That up to $290,000 

8 of the funds made available in this paragraph may be 

9 transferred to, and merged with, funds made available 

10 under the heading ‘‘Repatriation Loans Program Ac11 count’’. 

12 OFFICE OF INSPECTOR GENERAL

13 For an additional amount for ‘‘Office of Inspector 

14 General’’ for necessary expenses for oversight of oper15 ations and programs in Afghanistan, Pakistan, and Iraq, 

16 $3,600,000, to remain available until September 30, 2013. 

17 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

18 For an additional amount for ‘‘Embassy Security, 

19 Construction, and Maintenance’’ for necessary expenses 

20 for emergency needs in Haiti following the earthquake of 

21 January 12, 2010, $79,000,000, to remain available until 

22 expended: Provided, That funds appropriated in this para23 graph may be used to reimburse obligations incurred for 

24 the purposes provided herein prior to enactment of this 

25 Act. 


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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

3 ACTIVITIES

4 For an additional amount for ‘‘Contributions for 

5 International Peacekeeping Activities’’ for necessary ex6 penses for emergency security related to Haiti following 

7 the earthquake of January 12, 2010, $96,500,000, to re8 main available until September 30, 2011: Provided, That 

9 funds appropriated in this paragraph may be used to reim10 burse obligations incurred for the purposes provided here11 in prior to enactment of this Act. 

12 RELATED AGENCY 

13 BROADCASTING BOARD OF GOVERNORS

14 INTERNATIONAL BROADCASTING OPERATIONS

15 For an additional amount for ‘‘International Broad16 casting Operations’’ for necessary expenses for emergency 

17 broadcasting support and other expenses related to Haiti 

18 following the earthquake of January 12, 2010, 

19 $3,000,000, to remain available until September 30, 2011: 

20 Provided, That funds appropriated in this paragraph may 

21 be used to reimburse obligations incurred for the purposes 

22 provided herein prior to enactment of this Act. 


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1 UNITED STATES AGENCY FOR INTERNATIONAL 

2 DEVELOPMENT 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 OFFICE OF INSPECTOR GENERAL

5 For an additional amount for ‘‘Office of Inspector 

6 General’’ for necessary expenses for oversight of oper7 ations and programs in Afghanistan and Pakistan, 

8 $3,400,000, to remain available until September 30, 2013. 

9 For an additional amount for ‘‘Office of Inspector 

10 General’’ for necessary expenses for oversight of emer11 gency relief, rehabilitation, and reconstruction aid, and 

12 other expenses related to Haiti following the earthquake 

13 of January 12, 2010, $4,500,000, to remain available 

14 until September 30, 2012: Provided, That up to 

15 $1,500,000 of the funds appropriated in this paragraph 

16 may be used to reimburse obligations incurred for the pur17 poses provided herein prior to enactment of this Act. 

18 BILATERAL ECONOMIC ASSISTANCE 

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 GLOBAL HEALTH AND CHILD SURVIVAL

21 For an additional amount for ‘‘Global Health and 

22 Child Survival’’ for necessary expenses for pandemic pre23 paredness and response, $45,000,000, to remain available 

24 until September 30, 2011. 


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1 INTERNATIONAL DISASTER ASSISTANCE

2 For an additional amount for ‘‘International Disaster 

3 Assistance’’ for necessary expenses for emergency relief 

4 and rehabilitation, and other expenses related to Haiti fol5 lowing the earthquake of January 12, 2010, 

6 $460,000,000, to remain available until expended: Pro7 vided, That funds appropriated in this paragraph may be 

8 used to reimburse obligations incurred for the purposes 

9 provided herein prior to enactment of this Act. 

10 ECONOMIC SUPPORT FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount for ‘‘Economic Support 

13 Fund’’, $1,620,000,000, to remain available until Sep14 tember 30, 2012, of which not less than $1,309,000,000 

15 shall be made available for assistance for Afghanistan and 

16 not less than $259,000,000 shall be made available for 

17 assistance for Pakistan: Provided, That funds appro18 priated under this heading in this Act and in prior Acts 

19 making appropriations for the Department of State, for20 eign operations, and related programs that are made avail21 able for assistance for Afghanistan may be made available, 

22 after consultation with the Committees on Appropriations, 

23 for disarmament, demobilization and reintegration activi24 ties, subject to the requirements of section 904(e) in this 

25 chapter, and for a United States contribution to an interVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 nationally managed fund to support the reintegration into 

2 Afghan society of individuals who have renounced violence 

3 against the Government of Afghanistan. 

4 For an additional amount for ‘‘Economic Support 

5 Fund’’ for necessary expenses for emergency relief, reha6 bilitation, and reconstruction aid, and other expenses re7 lated to Haiti following the earthquake of January 12, 

8 2010, $770,000,000, to remain available until September 

9 30, 2012: Provided, That of the funds appropriated in this 

10 paragraph, up to $120,000,000 may be transferred to the 

11 Department of the Treasury for United States contribu12 tions to a multi-donor trust fund for reconstruction and 

13 recovery efforts in Haiti: Provided further, That of the 

14 funds appropriated in this paragraph, up to $10,000,000 

15 may be transferred to, and merged with, funds made avail16 able under the heading ‘‘United States Agency for Inter17 national Development, Funds Appropriated to the Presi18 dent, Operating Expenses’’ for administrative costs relat19 ing to the purposes provided herein and to reimburse obli20 gations incurred for the purposes provided herein prior to 

21 enactment of this Act: Provided further, That funds appro22 priated in this paragraph may be transferred to, and 

23 merged with, funds available under the heading ‘‘Develop24 ment Credit Authority’’ for the purposes provided herein: 

25 Provided further, That such transfer authority is in addiVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 tion to any other transfer authority provided by this or 

2 any other Act: Provided further, That funds made avail3 able to the Comptroller General pursuant to title I, chap4 ter 4 of Public Law 106–31, to monitor the provision of 

5 assistance to address the effects of hurricanes in Central 

6 America and the Caribbean, shall also be available to the 

7 Comptroller General to monitor relief, rehabilitation, and 

8 reconstruction aid, and other expenses related to Haiti fol9 lowing the earthquake of January 12, 2010, and shall re10 main available until expended: Provided further, That 

11 funds appropriated in this paragraph may be made avail12 able to the United States Agency for International Devel13 opment and the Department of State to reimburse any 

14 accounts for obligations incurred for the purpose provided 

15 herein prior to enactment of this Act. 

16 For an additional amount for ‘‘Economic Support 

17 Fund’’ for necessary expenses for assistance for Jordan, 

18 $100,000,000, to remain available until September 30, 

19 2012. 

20 DEPARTMENT OF STATE

21 MIGRATION AND REFUGEE ASSISTANCE

22 For an additional amount for ‘‘Migration and Ref23 ugee Assistance’’ for necessary expenses for assistance for 

24 refugees and internally displaced persons, $165,000,000, 

25 to remain available until expended. 


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1 DEPARTMENT OF THE TREASURY

2 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

3 For an additional amount for ‘‘International Affairs 

4 Technical Assistance’’ for necessary expenses for emer5 gency relief, rehabilitation, and reconstruction aid, and 

6 other expenses related to Haiti following the earthquake 

7 of January 12, 2010, $7,100,000, to remain available 

8 until September 30, 2012: Provided, That of the funds 

9 appropriated in this paragraph, up to $60,000 may be 

10 used to reimburse obligations incurred for the purposes 

11 provided herein prior to enactment of this Act. 

12 INTERNATIONAL SECURITY ASSISTANCE 

13 DEPARTMENT OF STATE

14 INTERNATIONAL NARCOTICS CONTROL AND LAW

15 ENFORCEMENT

16 For an additional amount for ‘‘International Nar17 cotics Control and Law Enforcement’’, $1,034,000,000, to 

18 remain available until September 30, 2012: Provided, 

19 That of the funds appropriated under this heading, not 

20 less than $650,000,000 shall be made available for assist21 ance for Iraq of which $450,000,000 is for one-time start 

22 up costs and limited operational costs of the Iraqi police 

23 program, and $200,000,000 is for implementation, man24 agement, security, communications, and other expenses re25 lated to such program and may be obligated only after 


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1 the Secretary of State determines and reports to the Com2 mittees on Appropriations that the Government of Iraq 

3 supports and is cooperating with such program: Provided 

4 further, That funds appropriated in this chapter for assist5 ance for Iraq shall not be subject to the limitation on as6 sistance in section 7042(b)(1) of division F of Public Law 

7 111–117: Provided further, That of the funds appropriated 

8 in this paragraph, not less than $169,000,000 shall be 

9 made available for assistance for Afghanistan and not less 

10 than $40,000,000 shall be made available for assistance 

11 for Pakistan: Provided further, That of the funds appro12 priated under this heading, $175,000,000 shall be made 

13 available for assistance for Mexico for judicial reform, in14 stitution building, anti-corruption, and rule of law activi15 ties, and shall be available subject to prior consultation 

16 with, and the regular notification procedures of, the Com17 mittees on Appropriations. 

18 For an additional amount for ‘‘International Nar19 cotics Control and Law Enforcement’’ for necessary ex20 penses for emergency relief, rehabilitation, and reconstruc21 tion aid, and other expenses related to Haiti following the 

22 earthquake of January 12, 2010, $147,660,000, to remain 

23 available until September 30, 2012: Provided, That funds 

24 appropriated in this paragraph may be used to reimburse 


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1 obligations incurred for the purposes provided herein prior 

2 to enactment of this Act. 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 FOREIGN MILITARY FINANCING PROGRAM

5 For an additional amount for ‘‘Foreign Military Fi6 nancing Program’’, $100,000,000, to remain available 

7 until September 30, 2012, of which not less than 

8 $50,000,000 shall be made available for assistance for 

9 Pakistan and not less than $50,000,000 shall be made 

10 available for assistance for Jordan. 

11 GENERAL PROVISIONS—THIS CHAPTER 

12 EXTENSION OF AUTHORITIES

13 SEC. 1001. Funds appropriated in this chapter may 

14 be obligated and expended notwithstanding section 10 of 

15 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

16 State Department Basic Authorities Act of 1956 (22 

17 U.S.C. 6212), and section 504(a)(1) of the National Secu18 rity Act of 1947 (50 U.S.C. 414(a)(1)). 

19 ALLOCATIONS

20 SEC. 1002. (a) Funds appropriated in this chapter 

21 for the following accounts shall be made available for pro22 grams and countries in the amounts contained in the re23 spective tables included in the report accompanying this 

24 Act: 

25 (1) ‘‘Diplomatic and Consular Programs’’. 


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1 (2) ‘‘Economic Support Fund’’. 

2 (3) ‘‘International Narcotics Control and Law 

3 Enforcement’’. 

4 (b) For the purposes of implementing this section, 

5 and only with respect to the tables included in the report 

6 accompanying this Act, the Secretary of State and the Ad7 ministrator of the United States Agency for International 

8 Development, as appropriate, may propose deviations to 

9 the amounts referred in subsection (a), subject to the reg10 ular notification procedures of the Committees on Appro11 priations and section 634A of the Foreign Assistance Act 

12 of 1961. 

13 SPENDING PLANS AND NOTIFICATION PROCEDURES

14 SEC. 1003. (a) SPENDING PLANS.—Not later than 

15 45 days after enactment of this Act, the Secretary of 

16 State, in consultation with the Administrator of the 

17 United States Agency for International Development, and 

18 the Broadcasting Board of Governors, shall submit reports 

19 to the Committees on Appropriations detailing planned 

20 uses of funds appropriated in this chapter, except for 

21 funds appropriated under the headings ‘‘International 

22 Disaster Assistance’’ and ‘‘Migration and Refugee Assist23 ance’’. 

24 (b) OBLIGATION REPORTS.—The Secretary of State, 

25 in consultation with the Administrator of the United 


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1 States Agency for International Development, and the 

2 Broadcasting Board of Governors, shall submit reports to 

3 the Committees on Appropriations not later than 90 days 

4 after enactment of this Act, and every 180 days thereafter 

5 until September 30, 2012, on obligations, expenditures, 

6 and program outputs and outcomes. 

7 (c) NOTIFICATION.—Funds made available in this 

8 chapter shall be subject to the regular notification proce9 dures of the Committees on Appropriations and section 

10 634A of the Foreign Assistance Act of 1961, except for 

11 funds appropriated under the headings ‘‘International 

12 Disaster Assistance’’ and ‘‘Migration and Refugee Assist13 ance’’. 

14 AFGHANISTAN

15 SEC. 1004. (a) The terms and conditions of sections 

16 1102(a), (b)(1), (c), and (d) of Public Law 111–32 shall 

17 apply to funds appropriated in this chapter that are avail18 able for assistance for Afghanistan. 

19 (b) Funds appropriated in this chapter and in prior 

20 Acts making appropriations for the Department of State, 

21 foreign operations, and related programs under the head22 ings ‘‘Economic Support Fund’’ and ‘‘International Nar23 cotics Control and Law Enforcement’’ that are available 

24 for assistance for Afghanistan may be obligated only if the 

25 Secretary of State reports to the Committees on ApproVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 priations that prior to the disbursement of funds, rep2 resentatives of the Afghan national, provincial or local 

3 government, local communities and civil society organiza4 tions, as appropriate, will be consulted and participate in 

5 the design of programs, projects, and activities, and fol6 lowing such disbursement will participate in implementa7 tion and oversight, and progress will be measured against 

8 specific benchmarks. 

9 (c)(1) Funds appropriated in this chapter may be 

10 made available for assistance for the Government of Af11 ghanistan only if the Secretary of State determines and 

12 reports to the Committees on Appropriations that the Gov13 ernment of Afghanistan is— 

14 (A) cooperating with United States reconstruc15 tion and reform efforts; 

16 (B) demonstrating a commitment to account17 ability by removing corrupt officials, implementing 

18 fiscal transparency and other necessary reforms of 

19 government institutions, and facilitating active pub20 lic engagement in governance and oversight of public 

21 resources; and 

22 (C) respecting the internationally recognized 

23 human rights of Afghan women. 

24 (2) If at any time after making the determination re25 quired in paragraph (1) the Secretary receives credible inVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 formation that the factual basis for such determination 

2 no longer exists, the Secretary should suspend assistance 

3 and promptly inform the relevant Afghan authorities that 

4 such assistance is suspended until sufficient factual basis 

5 exists to support the determination. 

6 (d) Funds appropriated in this chapter and in prior 

7 Acts that are available for assistance for Afghanistan may 

8 be made available to support reconciliation with, or re9 integration of, former combatants only if the Secretary of 

10 State determines and reports to the Committees on Appro11 priations that— 

12 (1) Afghan women are participating at national, 

13 provincial and local levels of government in the de14 sign, policy formulation and implementation of the 

15 reconciliation or reintegration process, and women’s 

16 internationally recognized human rights are pro17 tected in such process; and 

18 (2) such funds will not be used to support any 

19 pardon, immunity from prosecution or amnesty, or 

20 any position in the Government of Afghanistan or 

21 security forces, for any leader of an armed group re22 sponsible for crimes against humanity, war crimes, 

23 or other violations of internationally recognized 

24 human rights. 


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1 (e) Funds appropriated in this chapter that are avail2 able for assistance for Afghanistan may be made available 

3 to support the work of the Independent Electoral Commis4 sion and the Electoral Complaints Commission in Afghani5 stan only if the Secretary of State determines and reports 

6 to the Committees on Appropriations that— 

7 (1) the Independent Electoral Commission has 

8 no members or other employees who participated in, 

9 or helped to cover up, acts of fraud in the 2009 elec10 tions for president in Afghanistan, and the Electoral 

11 Complaints Commission is a genuinely independent 

12 body with all the authorities that were invested in it 

13 under Afghanistan law as of December 31, 2009, 

14 and with no members appointed by the President of 

15 Afghanistan; and 

16 (2) the central Government of Afghanistan has 

17 taken steps to ensure that women are able to exer18 cise their rights to political participation, whether as 

19 candidates or voters. 

20 (f)(1) Not more than 45 days after enactment of this 

21 Act, the Secretary of State, in consultation with the Ad22 ministrator of the United States Agency for International 

23 Development, shall submit to the Committees on Appro24 priations a strategy to address the needs and protect the 

25 rights of Afghan women and girls, including planned exVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 penditures of funds appropriated in this chapter, and de2 tailed plans for implementing and monitoring such strat3 egy. 

4 (2) Such strategy shall be coordinated with and sup5 port the goals and objectives of the National Action Plan 

6 for Women of Afghanistan and the Afghan National De7 velopment Strategy and shall include a defined scope and 

8 methodology to measure the impact of such assistance. 

9 (g)(1) Notwithstanding section 303 of the Federal 

10 Property and Administrative Services Act of 1949 (41 

11 U.S.C. 253) and requirements for awarding task orders 

12 under task and delivery order contracts under section 

13 303J of such Act (41 U.S.C. 253j), the Secretary of State 

14 may award task orders for police training in Afghanistan 

15 under current Department of State contracts for police 

16 training. 

17 (2) Any task order awarded under paragraph (1) 

18 shall be for a limited term and shall remain in perform19 ance only until a successor contract or contracts awarded 

20 by the Department of Defense using full and open com21 petition have entered into full performance after comple22 tion of any start-up or transition periods. 

23 PAKISTAN

24 SEC. 1005. (a) Funds appropriated in this chapter 

25 and in prior Acts making appropriations for the DepartVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 ment of State, foreign operations, and related programs 

2 under the headings ‘‘Foreign Military Financing Pro3 gram’’ and ‘‘Pakistan Counterinsurgency Capability 

4 Fund’’ shall be made available— 

5 (1) in a manner that promotes unimpeded ac6 cess by humanitarian organizations to detainees, in7 ternally displaced persons, and other Pakistani civil8 ians adversely affected by the conflict; and 

9 (2) in accordance with section 620J of the For10 eign Assistance Act of 1961, and the Secretary of 

11 State shall inform relevant Pakistani authorities of 

12 the requirements of section 620J and of its applica13 tion, and regularly monitor units of Pakistani secu14 rity forces that receive United States assistance and 

15 the performance of such units. 

16 (b)(1) Of the funds appropriated in this chapter 

17 under the heading ‘‘Economic Support Fund’’ for assist18 ance for Pakistan, $5,000,000 shall be made available 

19 through the Bureau of Democracy, Human Rights and 

20 Labor, Department of State, for human rights programs 

21 in Pakistan, including training of government officials and 

22 security forces, and assistance for human rights organiza23 tions. 

24 (2) Not later than 90 days after enactment of this 

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1 section, the Secretary of State shall submit to the Commit2 tees on Appropriations a human rights strategy in Paki3 stan including the proposed uses of funds. 

4 (c) Of the funds appropriated in this chapter under 

5 the heading ‘‘Economic Support Fund’’ for assistance for 

6 Pakistan, up to $1,500,000 should be made available to 

7 the Department of State and the United States Agency 

8 for International Development for the lease of aircraft to 

9 implement programs and conduct oversight in north10 western Pakistan, which shall be coordinated under the 

11 authority of the United States Chief of Mission in Paki12 stan. 

13 IRAQ

14 SEC. 1006. (a) The uses of aircraft in Iraq purchased 

15 or leased with funds made available under the headings 

16 ‘‘International Narcotics Control and Law Enforcement’’ 

17 and ‘‘Diplomatic and Consular Affairs’’ in this chapter 

18 and in prior Acts making appropriations for the Depart19 ment of State, foreign operations, and related programs 

20 shall be coordinated under the authority of the United 

21 States Chief of Mission in Iraq. 

22 (b) The terms and conditions of section 1106(b) of 

23 Public Law 111–32 shall apply to funds made available 

24 in this chapter for assistance for Iraq under the heading 

25 ‘‘International Narcotics Control and Law Enforcement’’. 


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1 (c) Of the funds appropriated in this chapter and in 

2 prior acts making appropriations for the Department of 

3 State, foreign operations, and related programs under the 

4 headings ‘‘Diplomatic and Consular Programs’’ and ‘‘Em5 bassy Security, Construction, and Maintenance’’ for Af6 ghanistan, Pakistan and Iraq, up to $300,000,000 may, 

7 after consultation with the Committees on Appropriations, 

8 be transferred between, and merged with, such appropria9 tions for activities related to security for civilian led oper10 ations in such countries. 

11 HAITI

12 SEC. 1007. (a) Funds appropriated in this chapter 

13 and in prior Acts making appropriations for the Depart14 ment of State, foreign operations, and related programs 

15 under the headings ‘‘Economic Support Fund’’ and 

16 ‘‘International Narcotics Control and Law Enforcement’’ 

17 that are available for assistance for Haiti may be obligated 

18 only if the Secretary of State reports to the Committees 

19 on Appropriations that prior to the disbursement of funds, 

20 representatives of the Haitian national, provincial or local 

21 government, local communities and civil society organiza22 tions, as appropriate, will be consulted and participate in 

23 the design of programs, projects, and activities, and fol24 lowing such disbursement will participate in implementaVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 tion and oversight, and progress will be measured against 

2 specific benchmarks. 

3 (b)(1) Funds appropriated in this chapter under the 

4 headings ‘‘Economic Support Fund’’ and ‘‘International 

5 Narcotics Control and Law Enforcement’’ may be made 

6 available for assistance for the Government of Haiti only 

7 if the Secretary of State determines and reports to the 

8 Committees on Appropriations that the Government of 

9 Haiti is— 

10 (A) cooperating with United States reconstruc11 tion and reform efforts; and 

12 (B) demonstrating a commitment to account13 ability by removing corrupt officials, implementing 

14 fiscal transparency and other necessary reforms of 

15 government institutions, and facilitating active pub16 lic engagement in governance and oversight of public 

17 resources. 

18 (2) If at any time after making the determination re19 quired in paragraph (1) the Secretary receives credible in20 formation that the factual basis for making such deter21 mination no longer exists, the Secretary should suspend 

22 assistance and promptly inform the relevant Haitian au23 thorities that such assistance is suspended until sufficient 

24 factual basis exists to support the determination. 


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1 (c)(1) Funds appropriated in this chapter for bilat2 eral assistance for Haiti may be provided as direct budget 

3 support to the central Government of Haiti only if the Sec4 retary of State reports to the Committees on Appropria5 tions that the Government of the United States and the 

6 Government of Haiti have agreed, in writing, to clear and 

7 achievable goals and objectives for the use of such funds, 

8 and have established mechanisms within each imple9 menting agency to ensure that such funds are used for 

10 the purposes for which they were intended. 

11 (2) The Secretary should suspend any such direct 

12 budget support to an implementing agency if the Secretary 

13 has credible evidence of misuse of such funds by any such 

14 agency. 

15 (3) Any such direct budget support shall be subject 

16 to prior consultation with the Committees on Appropria17 tions. 

18 (d) Funds appropriated in this chapter that are made 

19 available for assistance for Haiti shall be made available, 

20 to the maximum extent practicable, in a manner that em21 phasizes the participation and leadership of Haitian 

22 women and directly improves the security, economic and 

23 social well-being, and political status of Haitian women 

24 and girls. 


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1 (e) Funds appropriated in this chapter may be made 

2 available for assistance for Haiti notwithstanding any 

3 other provision of law, except for section 620J of the For4 eign Assistance Act of 1961 and provisions of this chapter. 

5 HAITI DEBT RELIEF

6 SEC. 1008. (a) For an additional amount for ‘‘Con7 tribution to the Inter-American Development Bank’’, 

8 ‘‘Contribution to the International Development Associa9 tion’’, and ‘‘Contribution to the International Fund for 

10 Agricultural Development’’, to cancel Haiti’s existing 

11 debts and repayments on disbursements from loans com12 mitted prior to January 12, 2010, and for the United 

13 States share of an increase in the resources of the Fund 

14 for Special Operations of the Inter-American Development 

15 Bank, to the extent separately authorized in this chapter, 

16 in furtherance of providing debt relief for Haiti in view 

17 of the Cancun Declaration of March 21, 2010, a total of 

18 $212,000,000, to remain available until September 30, 

19 2012. 

20 (b) Up to $40,000,000 of the amounts appropriated 

21 under the heading ‘‘Department of the Treasury, Debt Re22 structuring’’ in prior Acts making appropriations for the 

23 Department of State, foreign operations, and related pro24 grams may be used to cancel Haiti’s existing debts and 

25 repayments on disbursements from loans committed prior 


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1 to January 12, 2010, to the Inter-American Development 

2 Bank, the International Development Association, and the 

3 International Fund for Agricultural Development, and for 

4 the United States share of an increase in the resources 

5 of the Fund for Special Operations of the Inter-American 

6 Development Bank in furtherance of providing debt relief 

7 to Haiti in view of the Cancun Declaration of March 21, 

8 2010. 

9 HAITI DEBT RELIEF AUTHORITY

10 SEC. 1009. The Inter-American Development Bank 

11 Act, Public Law 86–147, as amended (22 U.S.C. 283 et 

12 seq.), is further amended by adding at the end thereof the 

13 following new section: 

14 ‘‘SEC. 40. AUTHORITY TO VOTE FOR AND CONTRIBUTE TO 

15 AN INCREASE IN RESOURCES OF THE FUND 

16 FOR SPECIAL OPERATIONS; PROVIDING DEBT 

17 RELIEF TO HAITI. 

18 ‘‘(a) VOTE AUTHORIZED.—In accordance with sec19 tion 5 of this Act, the United States Governor of the Bank 

20 is authorized to vote in favor of a resolution to increase 

21 the resources of the Fund for Special Operations up to 

22 $479,000,000, in furtherance of providing debt relief for 

23 Haiti in view of the Cancun Declaration of March 21, 

24 2010, which provides that: 


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1 ‘‘(1) Haiti’s debts to the Fund for Special Op2 erations are to be cancelled; 

3 ‘‘(2) Haiti’s remaining local currency conversion 

4 obligations to the Fund for Special Operations are 

5 to be cancelled; 

6 ‘‘(3) undisbursed balances of existing loans of 

7 the Fund for Special Operations to Haiti are to be 

8 converted to grants; and 

9 ‘‘(4) the Fund for Special Operations is to 

10 make available significant and immediate grant fi11 nancing to Haiti as well as appropriate resources to 

12 other countries remaining as borrowers within the 

13 Fund for Special Operations, consistent with para14 graph 6 of the Cancun Declaration of March 21, 

15 2010. 

16 ‘‘(b) CONTRIBUTION AUTHORITY.—To the extent and 

17 in the amount provided in advance in appropriations Acts 

18 the United States Governor of the Bank may, on behalf 

19 of the United States and in accordance with section 5 of 

20 this Act, contribute up to $252,000,000 to the Fund for 

21 Special Operations, which will provide for debt relief of: 

22 ‘‘(1) up to $240,000,000 to the Fund for Spe23 cial Operations; 

24 ‘‘(2) up to $8,000,000 to the International 

25 Fund For Agricultural Development (IFAD); and 


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1 ‘‘(3) up to $4,000,000 for the International De2 velopment Association (IDA). 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—To pay 

4 for the contribution authorized under subsection (b), there 

5 are authorized to be appropriated, without fiscal year limi6 tation, for payment by the Secretary of the Treasury 

7 $212,000,000, for the United States contribution to the 

8 Fund for Special Operations.’’. 

9 MEXICO

10 SEC. 1010. (a) For purposes of funds appropriated 

11 in this chapter and in prior Acts making appropriations 

12 for the Department of State, foreign operations, and re13 lated programs under the heading ‘‘International Nar14 cotics Control and Law Enforcement’’ that are made avail15 able for assistance for Mexico, the provisions of para16 graphs (1) through (3) of section 7045(e) of the Depart17 ment of State, Foreign Operations, and Related Programs 

18 Appropriations Act, 2009 (division H of Public Law 111– 

19 8) shall apply and the report required in paragraph (1) 

20 shall be based on a determination by the Secretary of 

21 State of compliance with each of the requirements in para22 graph (1)(A) through (D). 

23 (b) Funds appropriated in this chapter under the 

24 heading ‘‘International Narcotics Control and Law En25 forcement’’ that are available for assistance for Mexico 


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1 may be made available only after the Secretary of State 

2 submits a report to the Committees on Appropriations de3 tailing a coordinated, multi-year, interagency strategy to 

4 address the causes of drug-related violence and other orga5 nized criminal activity in Central and South America, 

6 Mexico, and the Caribbean, which shall describe— 

7 (1) the United States multi-year strategy for 

8 the region, including a description of key challenges 

9 in the source, transit, and demand zones; the key 

10 objectives of the strategy; and a detailed description 

11 of outcome indicators for measuring progress toward 

12 such objectives; 

13 (2) the integration of diplomatic, administration 

14 of justice, law enforcement, civil society, economic 

15 development, demand reduction, and other assist16 ance to achieve such objectives; 

17 (3) progress in phasing out law enforcement ac18 tivities of the militaries of each recipient country, as 

19 applicable; and 

20 (4) governmental efforts to investigate and 

21 prosecute violations of internationally recognized 

22 human rights. 

23 (c) Of the funds appropriated in this chapter under 

24 the heading ‘‘Diplomatic and Consular Programs’’, up to 

25 $5,000,000 may be made available for armored vehicles 


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1 and other emergency diplomatic security support for 

2 United States Government personnel in Mexico. 

3 EL SALVADOR

4 SEC. 1011. Of the funds appropriated in this chapter 

5 under the heading ‘‘Economic Support Fund’’, 

6 $25,000,000 shall be made available for necessary ex7 penses for emergency relief and reconstruction assistance 

8 for El Salvador related to Hurricane/Tropical Storm Ida. 

9 DEMOCRATIC REPUBLIC OF THE CONGO

10 SEC. 1012. Of the funds appropriated in this chapter 

11 under the heading ‘‘Economic Support Fund’’, 

12 $15,000,000 shall be made available for necessary ex13 penses for emergency security and humanitarian assist14 ance for civilians, particularly women and girls, in the 

15 eastern region of the Democratic Republic of the Congo. 

16 INTERNATIONAL SCIENTIFIC COOPERATION

17 SEC. 1013. Funds appropriated in prior Acts making 

18 appropriations for the Department of State, foreign oper19 ations, and related programs that are made available for 

20 science and technology centers in the former Soviet Union 

21 may be used to support productive, non-military projects 

22 that engage scientists and engineers who have no weapons 

23 background, but whose competence could otherwise be ap24 plied to weapons development, provided such projects are 

25 executed through existing science and technology centers 


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1 and notwithstanding sections 503 and 504 of the FREE2 DOM Support Act (Public Law 102–511), and following 

3 consultation with the Committees on Appropriations, the 

4 Committee on Foreign Relations of the Senate and the 

5 Committee on Foreign Affairs of the House of Representa6 tives. 

7 INTERNATIONAL RENEWABLE ENERGY AGENCY

8 SEC. 1014. For fiscal year 2011 and thereafter, the 

9 President is authorized to accept the statute of, and to 

10 maintain membership of the United States in, the Inter11 national Renewable Energy Agency, and the United 

12 States’ assessed contributions to maintain such member13 ship may be paid from funds appropriated for ‘‘Contribu14 tions to International Organizations’’. 

15 OFFICE OF INSPECTOR GENERAL PERSONNEL

16 SEC. 1015. (a) Funds appropriated in this chapter 

17 for the United States Agency for International Develop18 ment Office of Inspector General (OIG) may be made 

19 available to contract with United States citizens for per20 sonal services when the Inspector General determines that 

21 the personnel resources of the OIG are otherwise insuffi22 cient. 

23 (1) Not more than 5 percent of the OIG per24 sonnel (determined on a full-time equivalent basis), 


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1 as of any given date, are serving under personal 

2 services contracts. 

3 (2) Contracts under this paragraph shall not 

4 exceed a term of 2 years unless the Inspector Gen5 eral determines that exceptional circumstances jus6 tify an extension of up to 1 additional year, and con7 tractors under this paragraph shall not be consid8 ered employees of the Federal Government for pur9 poses of title 5, United States Code, or members of 

10 the Foreign Service for purposes of title 22, United 

11 States Code. 

12 (b)(1) The Inspector General may waive subsections 

13 (a) through (d) of section 8344, and subsections (a) 

14 through (e) of section 8468 of title 5, United States Code, 

15 and subsections (a) through (d) of section 4064 of title 

16 22, United States Code, on behalf of any re-employed an17 nuitant serving in a position within the OIG to facilitate 

18 the assignment of persons to positions in Iraq, Pakistan, 

19 Afghanistan, and Haiti or to positions vacated by mem20 bers of the Foreign Service assigned to those countries. 

21 (2) The authority provided in paragraph (1) shall be 

22 exercised on a case-by-case basis for positions for which 

23 there is difficulty recruiting or retaining a qualified em24 ployee or to address a temporary emergency hiring need, 

25 individuals employed by the OIG under this paragraph 


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1 shall not be considered employees for purposes of sub2 chapter III of chapter 83 of title 5, United States Code, 

3 or chapter 84 of such title, and the authorities of the In4 spector General under this paragraph shall terminate on 

5 October 1, 2012. 

6 AUTHORITY TO REPROGRAM FUNDS

7 SEC. 1016. Of the funds appropriated by this chapter 

8 for assistance for Afghanistan, Iraq and Pakistan, up to 

9 $100,000,000 may be made available pursuant to the au10 thority of section 451 of the Foreign Assistance Act of 

11 1961, as amended, for assistance in the Middle East and 

12 South Asia regions if the President finds, in addition to 

13 the requirements of section 451 and certifies and reports 

14 to the Committees on Appropriations, that exercising the 

15 authority of this section is necessary to protect the na16 tional security interests of the United States: Provided, 

17 That the Secretary of State shall consult with the Com18 mittees on Appropriations prior to the reprogramming of 

19 such funds, which shall be subject to the regular notifica20 tion procedures of the Committees on Appropriations: Pro21 vided further, That the funding limitation otherwise appli22 cable to section 451 of the Foreign Assistance Act of 1961 

23 shall not apply to this section: Provided further, That the 

24 authority of this section shall expire upon enactment of 


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1 the Department of State, Foreign Operations, and Related 

2 Programs Appropriations Act, 2011. 

3 SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN

4 RECONSTRUCTION

5 (INCLUDING RESCISSION)

6 SEC. 1017. (a) Of the funds appropriated under the 

7 heading ‘‘Department of State, Administration of Foreign 

8 Affairs, Office of Inspector General’’ and authorized to be 

9 transferred to the Special Inspector General for Afghani10 stan Reconstruction in title XI of Public Law 111–32, 

11 $7,200,000 are rescinded. 

12 (b) For an additional amount for ‘‘Department of 

13 State, Administration of Foreign Affairs, Office of Inspec14 tor General’’ which shall be available for the Special In15 spector General for Afghanistan Reconstruction for recon16 struction oversight in Afghanistan, $7,200,000, and shall 

17 remain available until September 30, 2011. 

18 CHAPTER 11 

19 DEPARTMENT OF TRANSPORTATION 

20 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

21 HIGHWAY TRAFFIC SAFETY GRANTS

22 (HIGHWAY TRUST FUND)

23 (INCLUDING RESCISSION)

24 Of the amounts provided for Safety Belt Performance 

25 Grants in Public Law 111–117, $15,000,000 shall be 


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1 available to pay for expenses necessary to discharge the 

2 functions of the Secretary, with respect to traffic and 

3 highway safety under subtitle C of title X of Public Law 

4 109–59 and chapter 301 and part C of subtitle VI of title 

5 49, United States Code, and for the planning or execution 

6 of programs authorized under section 403 of title 23, 

7 United States Code: Provided, That such funds shall be 

8 available until September 30, 2011, and shall be in addi9 tion to the amount of any limitation imposed on obliga10 tions in fiscal year 2011. 

11 Of the amounts made available for Safety Belt Per12 formance Grants under section 406 of title 23, United 

13 States Code, $25,000,000 in unobligated balances are per14 manently rescinded: Provided, That section 3002 shall not 

15 apply to the amounts under this heading. 

16 CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM

17 (RESCISSION)

18 Of the amounts made available for the Consumer As19 sistance to Recycle and Save Program, $44,000,000 in un20 obligated balances are rescinded. 


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1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 COMMUNITY PLANNING AND DEVELOPMENT

4 COMMUNITY DEVELOPMENT FUND

5 For an additional amount for the ‘‘Community Devel6 opment Fund’’, for necessary expenses related to disaster 

7 relief, long-term recovery, and restoration of infrastruc8 ture, housing, and economic revitalization in areas af9 fected by severe storms and flooding from March 2010 

10 through May 2010 for which the President declared a 

11 major disaster covering an entire State or States with 

12 more than 20 counties declared major disasters under title 

13 IV of the Robert T. Stafford Disaster Relief and Emer14 gency Assistance Act of 1974, $100,000,000, to remain 

15 available until expended, for activities authorized under 

16 title I of the Housing and Community Development Act 

17 of 1974 (Public Law 93–383): Provided, That funds shall 

18 be awarded directly to the State or unit of general local 

19 government at the discretion of the Secretary: Provided 

20 further, That prior to the obligation of funds a grantee 

21 shall submit a plan to the Secretary detailing the proposed 

22 use of all funds, including criteria for eligibility and how 

23 the use of these funds will address long-term recovery and 

24 restoration of infrastructure: Provided further, That funds 

25 provided under this heading may be used by a State or 


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1 locality as a matching requirement, share, or contribution 

2 for any other Federal program: Provided further, That 

3 such funds may not be used for activities reimbursable by, 

4 or for which funds are made available by, the Federal 

5 Emergency Management Agency or the Army Corps of 

6 Engineers: Provided further, That funds allocated under 

7 this heading shall not adversely affect the amount of any 

8 formula assistance received by a State or subdivision 

9 thereof under the Community Development Fund: Pro10 vided further, That a State or subdivision thereof may use 

11 up to 5 percent of its allocation for administrative costs: 

12 Provided further, That in administering the funds under 

13 this heading, the Secretary of Housing and Urban Devel14 opment may waive, or specify alternative requirements for, 

15 any provision of any statute or regulation that the Sec16 retary administers in connection with the obligation by the 

17 Secretary or the use by the recipient of these funds or 

18 guarantees (except for requirements related to fair hous19 ing, nondiscrimination, labor standards, and the environ20 ment), upon a request by a State or subdivision thereof 

21 explaining why such waiver is required to facilitate the use 

22 of such funds or guarantees, if the Secretary finds that 

23 such waiver would not be inconsistent with the overall pur24 pose of title I of the Housing and Community Develop25 ment Act of 1974: Provided further, That the Secretary 


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1 shall publish in the Federal Register any waiver of any 

2 statute or regulation that the Secretary administers pur3 suant to title I of the Housing and Community Develop4 ment Act of 1974 no later than 5 days before the effective 

5 date of such waiver: Provided further, That the Secretary 

6 shall obligate to a State or subdivision thereof not less 

7 than 50 percent of the funding provided under this head8 ing within 90 days after the enactment of this Act. 

9 TITLE II 

10 DEPARTMENT OF COMMERCE 

11 ECONOMIC DEVELOPMENT ADMINISTRATION

12 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

13 For an additional amount, in addition to amounts 

14 provided elsewhere in this Act, for ‘‘Economic Develop15 ment Assistance Programs’’, to carry out planning, tech16 nical assistance and other assistance under section 209, 

17 and consistent with section 703(b), of the Public Works 

18 and Economic Development Act (42 U.S.C. 3149, 3233), 

19 in States affected by the incidents related to the discharge 

20 of oil that began in 2010 in connection with the explosion 

21 on, and sinking of, the mobile offshore drilling unit Deep22 water Horizon, $5,000,000, to remain available until ex23 pended. 


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1 NATIONAL OCEANIC AND ATMOSPHERIC

2 ADMINISTRATION

3 OPERATIONS, RESEARCH, AND FACILITIES

4 For an additional amount, in addition to amounts 

5 provided elsewhere in this Act, for ‘‘Operations, Research, 

6 and Facilities’’, $13,000,000, to remain available until ex7 pended, for responding to economic impacts on fishermen 

8 and fishery-dependent businesses: Provided, That the 

9 amounts appropriated herein are not available unless the 

10 Secretary of Commerce determines that resources pro11 vided under other authorities and appropriations including 

12 by the responsible parties under the Oil Pollution Act, 33 

13 U.S.C. 2701, et seq., are not sufficient to respond to eco14 nomic impacts on fishermen and fishery-dependent busi15 ness following an incident related to a spill of national sig16 nificance declared under the National Contingency Plan 

17 provided for under section 105 of the Comprehensive En18 vironmental Response, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9605). 

20 For an additional amount, in addition to amounts 

21 provided elsewhere in this Act, for ‘‘Operations, Research, 

22 and Facilities’’, for activities undertaken including sci23 entific investigations and sampling as a result of the inci24 dents related to the discharge of oil and the use of oil 

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1 plosion on, and sinking of, the mobile offshore drilling unit 

2 Deepwater Horizon, $7,000,000, to remain available until 

3 expended. These activities may be funded through the pro4 vision of grants to universities, colleges and other research 

5 partners through extramural research funding. 

6 DEPARTMENT OF HEALTH AND HUMAN 

7 SERVICES 

8 FOOD AND DRUG ADMINISTRATION

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Salaries and Ex11 penses’’, Food and Drug Administration, Department of 

12 Health and Human Services, for food safety monitoring 

13 and response activities in connection with the incidents re14 lated to the discharge of oil that began in 2010 in connec15 tion with the explosion on, and sinking of, the mobile off16 shore drilling unit Deepwater Horizon, $2,000,000, to re17 main available until expended. 

18 DEPARTMENT OF THE INTERIOR 

19 DEPARTMENTAL OFFICES

20 OFFICE OF THE SECRETARY

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for the ‘‘Office of the Sec24 retary, Salaries and Expenses’’ for increased inspections, 

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1 ing studies, and other activities related to emergency off2 shore oil spill incidents in the Gulf of Mexico, 

3 $29,000,000, to remain available until expended: Pro4 vided, That such funds may be transferred by the Sec5 retary to any other account in the Department of the Inte6 rior to carry out the purposes provided herein. 

7 DEPARTMENT OF JUSTICE 

8 LEGAL ACTIVITIES

9 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

10 For an additional amount for ‘‘Salaries and Ex11 penses, General Legal Activities’’, $10,000,000, to remain 

12 available until expended, for litigation expenses resulting 

13 from incidents related to the discharge of oil that began 

14 in 2010 in connection with the explosion on, and sinking 

15 of, the mobile offshore drilling unit Deepwater Horizon. 

16 ENVIRONMENTAL PROTECTION AGENCY 

17 SCIENCE AND TECHNOLOGY

18 For an additional amount for ‘‘Science and Tech19 nology’’ for a study on the potential human and environ20 mental risks and impacts of the release of crude oil and 

21 the application of dispersants, surface washing agents, 

22 bioremediation agents, and other mitigation measures list23 ed in the National Contingency Plan Product List (40 

24 C.F.R. Part 300 Subpart J), as appropriate, $2,000,000, 

25 to remain available until expended: Provided, That the 


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1 study shall be performed at the direction of the Adminis2 trator of the Environmental Protection Agency, in coordi3 nation with the Secretary of Commerce and the Secretary 

4 of the Interior: Provided further, That the study may be 

5 funded through the provision of grants to universities and 

6 colleges through extramural research funding. 

7 GENERAL PROVISION—THIS TITLE 

8 DEEPWATER HORIZON

9 SEC. 2001. Section 6002(b) of the Oil Pollution Act 

10 of 1990 (33 U.S.C. 2752) is amended in the second sen11 tence: 

12 (1) by inserting ‘‘: (1)’’ before ‘‘may obtain an 

13 advance’’ and after ‘‘the Coast Guard’’; 

14 (2) by striking ‘‘advance. Amounts’’ and insert15 ing the following: ‘‘advance; (2) in the case of dis16 charge of oil that began in 2010 in connection with 

17 the explosion on, and sinking of, the mobile offshore 

18 drilling unit Deepwater Horizon, may, without fur19 ther appropriation, obtain one or more advances 

20 from the Oil Spill Liability Trust Fund as needed, 

21 up to a maximum of $100,000,000 for each advance, 

22 the total amount of all advances not to exceed the 

23 amounts available under section 9509(c)(2) of the 

24 Internal Revenue Code of 1986 (26 U.S.C. 

25 9509(c)(2)), and within 7 days of each advance, 


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1 shall notify Congress of the amount advanced and 

2 the facts and circumstances necessitating the ad3 vance; and (3) amounts’’. 

4 PROHIBITION ON FINES AND LIABILITY

5 SEC. 2002. None of the funds made available by this 

6 Act shall be used to levy against any person any fine, or 

7 to hold any person liable for construction or renovation 

8 work performed by the person, in any State under the 

9 final rule entitled ‘‘Lead; Renovation, Repair, and Paint10 ing Program; Lead Hazard Information Pamphlet; Notice 

11 of Availability; Final Rule’’ (73 Fed. Reg. 21692 (April 

12 22, 2008)), and the final rule entitled ‘‘Lead; Amendment 

13 to the Opt-out and Recordkeeping Provisions in the Ren14 ovation, Repair, and Painting Program’’ signed by the Ad15 ministrator on April 22, 2010. 

16 RIGHT-OF-WAY

17 SEC. 2003. (a) Notwithstanding any other provision 

18 of law, the Secretary of the Interior shall— 

19 (1) not later than 30 days after the date of en20 actment of this Act, amend Right-of-Way Grants 

21 No. NVN–49781/IDI–26446/NVN–85211/NVN– 

22 85210 of the Bureau of Land Management to shift 

23 the 200-foot right-of-way for the 500-kilovolt trans24 mission line project to the alignment depicted on the 

25 maps entitled ‘‘Southwest Intertie Project’’ and 

26 dated December 10, 2009, and May 21, 2010, and 


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1 approve the construction, operation and maintenance 

2 plans of the project; and 

3 (2) not later than 90 days after the date of en4 actment of this Act, issue a notice to proceed with 

5 construction of the project in accordance with the 

6 amended grants and approved plans described in 

7 paragraph (1). 

8 (b) Notwithstanding any other provision of law, the 

9 Secretary of Energy may provide or facilitate federal fi10 nancing for the project described in subsection (a) under 

11 the American Recovery and Reinvestment Act of 2009 

12 (Public Law 111–5; 123 Stat. 115) or the Energy Policy 

13 Act of 2005 (42 U.S.C. 15801 et seq.), based on the com14 prehensive reviews and consultations performed by the 

15 Secretary of the Interior. 

16 FUNDING FOR ENVIRONMENTAL AND FISHERIES IMPACTS

17 SEC. 2004. (1) FISHERIES DISASTER RELIEF.—For 

18 an additional amount, in addition to other amounts pro19 vided in this Act for the National Oceanic and Atmos20 pheric Administration, $15,000,000 to be available to pro21 vide fisheries disaster relief under section 312 of the Mag22 nuson-Stevens Fishery Conservation and Management Act 

23 (16 U.S.C. 1861a) related to a commercial fishery failure 

24 due to a fishery resource disaster in the Gulf of Mexico 

25 that resulted from the Deepwater Horizon oil discharge. 


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1 (2) EXPANDED STOCK ASSESSMENT OF FISH2 ERIES.—For an additional amount, in addition to 

3 other amounts provided in this Act for the National 

4 Oceanic and Atmospheric Administration, 

5 $10,000,000 to conduct an expanded stock assess6 ment of the fisheries of the Gulf of Mexico. Such ex7 panded stock assessment shall include an assessment 

8 of the commercial and recreational catch and biologi9 cal sampling, observer programs, data management 

10 and processing activities, the conduct of assess11 ments, and follow-up evaluations of such fisheries. 

12 (3) ECOSYSTEM SERVICES IMPACTS STUDY.— 

13 For an additional amount, in addition to other 

14 amounts provided for the Department of Commerce, 

15 $1,000,000 to be available for the National Academy 

16 of Sciences to conduct a study of the long-term eco17 system service impacts of the Deepwater Horizon oil 

18 discharge. Such study shall assess long-term costs to 

19 the public of lost water filtration, hunting, and fish20 ing (commercial and recreational), and other eco21 system services associated with the Gulf of Mexico. 

22 (4) IN GENERAL.—Of the amounts appro23 priated or made available under division B, title I of 

24 Public Law 111–117 that remain unobligated as of 

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1 ment, Acquisition, and Construction for the National 

2 Oceanic and Atmospheric Administration, 

3 $26,000,000 of the amounts appropriated are hereby 

4 rescinded. 

5 TITLE III 

6 GENERAL PROVISIONS—THIS ACT 

7 AVAILABILITY OF FUNDS

8 SEC. 3001. No part of any appropriation contained 

9 in this Act shall remain available for obligation beyond 

10 the current fiscal year unless expressly so provided herein. 

11 EMERGENCY DESIGNATION

12 SEC. 3002. Unless otherwise specified, each amount 

13 in this Act is designated as an emergency requirement and 

14 necessary to meet emergency needs pursuant to sections 

15 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), 

16 the concurrent resolution on the budget for fiscal year 

17 2010. 

18 SEC. 3003. (a) Notwithstanding any other provision 

19 of law, for fiscal year 2010 only, all funds received from 

20 sales, bonuses, royalties, and rentals under the Geo21 thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) shall 

22 be deposited in the Treasury, of which— 

23 (1) 50 percent shall be used by the Secretary 

24 of the Treasury to make payments to States within 


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1 the boundaries of which the leased land and geo2 thermal resources are located; 

3 (2) 25 percent shall be used by the Secretary 

4 of the Treasury to make payments to the counties 

5 within the boundaries of which the leased land or 

6 geothermal resources are located; and 

7 (3) 25 percent shall be deposited in miscella8 neous receipts. 

9 (b) Section 3002 shall not apply to this section. 

10 SEC. 3004. (a) Public Law 111–88, the Interior, En11 vironment, and Related Agencies Appropriations Act, 

12 2010, is amended under the heading ‘‘Office of the Special 

13 Trustee for American Indians’’ by— 

14 (1) striking ‘‘$185,984,000’’ and inserting 

15 ‘‘$176,984,000’’; and 

16 (2) striking ‘‘$56,536,000’’ and inserting 

17 ‘‘$47,536,000’’. 

18 (b) Section 3002 shall not apply to the amounts in 

19 this section. 

20 SEC. 3005. Section 502(c) of the Chesapeake Bay 

21 Initiative Act of 1998 (16 U.S.C. 461 note; Public Law 

22 105–312) is amended by striking ‘‘2008’’ and inserting 

23 ‘‘2011’’. 

24 SEC. 3006. For fiscal years 2010 and 2011— 


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1 (1) the National Park Service Recreation Fee 

2 Program account may be available for the cost of 

3 adjustments and changes within the original scope of 

4 contracts for National Park Service projects funded 

5 by Public Law 111–5 and for associated administra6 tive costs when no funds are otherwise available for 

7 such purposes; 

8 (2) notwithstanding section 430 of division E of 

9 Public Law 111–8 and section 444 of Public Law 

10 111–88, the Secretary of the Interior may utilize un11 obligated balances for adjustments and changes 

12 within the original scope of projects funded through 

13 division A, title VII, of Public Law 111–5 and for 

14 associated administrative costs when no funds are 

15 otherwise available; 

16 (3) the Secretary of the Interior shall ensure 

17 that any unobligated balances utilized pursuant to 

18 paragraph (2) shall be derived from the bureau and 

19 account for which the project was funded in Public 

20 Law 111–5; and 

21 (4) the Secretary of the Interior shall consult 

22 with the Committees on Appropriations prior to 

23 making any charges authorized by this section. 


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1 SEC. 3007. (a) Section 205(d) of the Federal Land 

2 Transaction Facilitation Act (43 U.S.C. 2304(d)) is 

3 amended by striking ‘‘10 years’’ and inserting ‘‘11 years’’. 

4 (b) Section 3002 shall not apply to this section. 

5 SEC. 3008. Of the amounts appropriated for the Ed6 ward Byrne Memorial Justice Assistance Grant Program 

7 under subpart 1 of part E of title I of the Omnibus Crime 

8 Control and Safe Streets Act of 1968 (42 U.S.C. 3750 

9 et seq.) under the heading ‘‘STATE AND LOCAL LAW EN10 FORCEMENT ASSISTANCE’’ under the heading ‘‘OFFICE OF

11 JUSTICE PROGRAMS’’ under the heading ‘‘STATE AND

12 LOCAL LAW ENFORCEMENT ACTIVITIES’’ under title II of 

13 the Omnibus Appropriations Act, 2009 (Public Law 111– 

14 8; 123 Stat. 579), at the discretion of the Attorney Gen15 eral, the amounts to be made available to Genesee County, 

16 Michigan for assistance for individuals transitioning from 

17 prison in Genesee County, Michigan pursuant to the joint 

18 statement of managers accompanying that Act may be 

19 made available to My Brother’s Keeper of Genesee Coun20 ty, Michigan to provide assistance for individuals 

21 transitioning from prison in Genesee County, Michigan. 

22 SEC. 3009. Section 159(b)(2)(C) of title I of division 

23 A of the Consolidated Appropriations Act, 2010 (49 

24 U.S.C. 24305 note) is amended by striking clauses (i) and 

25 (ii) and inserting the following: 


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1 ‘‘(i) requiring inspections of any con2 tainer containing a firearm or ammunition; 

3 and 

4 ‘‘(ii) the temporary suspension of fire5 arm carriage service if credible intelligence 

6 information indicates a threat related to 

7 the national rail system or specific routes 

8 or trains.’’. 

9 PUBLIC AVAILABILITY OF CONTRACTOR INTEGRITY AND

10 PERFORMANCE DATABASE

11 SEC. 3010. Section 872(e)(1) of the Clean Con12 tracting Act of 2008 (subtitle G of title VIII of Public 

13 Law 110–417; 41 U.S.C. 417b(e)(1)) is amended by add14 ing at the end the following: ‘‘In addition, the Adminis15 trator shall post all such information, excluding past per16 formance reviews, on a publicly available Internet 

17 website.’’. 

18 ASSESSMENTS ON GUANTANAMO BAY DETAINEES

19 SEC. 3011. (a) SUBMISSION OF INFORMATION RE20 LATED TO DISPOSITION DECISIONS.—Not later than 45 

21 days after the date of the enactment of this Act, the Direc22 tor of National Intelligence, in coordination with the par23 ticipants of the interagency review of Guantanamo Bay 

24 detainees conducted pursuant to Executive Order 13492 

25 (10 U.S.C. 801 note), shall fully inform the congressional 

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1 position decisions reached by the Guantanamo Review 

2 Task Force, and shall provide to the congressional intel3 ligence committees— 

4 (1) the written threat analyses prepared on 

5 each detainee by the Guantanamo Review Task 

6 Force established pursuant to Executive Order 

7 13492; and 

8 (2) access to the intelligence information that 

9 formed the basis of any such specific assessments or 

10 threat analyses. 

11 (b) FUTURE SUBMISSIONS.—In addition to the anal12 yses, assessments, and information required under sub13 section (a) and not later than 10 days after the date that 

14 a threat assessment described in subsection (a) is dissemi15 nated, the Director of National Intelligence shall provide 

16 to the congressional intelligence committees— 

17 (1) any new threat assessment prepared by any 

18 element of the intelligence community of a Guanta19 namo Bay detainee who remains in detention or is 

20 pending release or transfer; and 

21 (2) access to the intelligence information that 

22 formed the basis of such threat assessment. 

23 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

24 DEFINED.—In this section, the term ‘‘congressional intel25 ligence committees’’ has the meaning given that term in 


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1 section 3(7) of the National Security Act of 1947 (50 

2 U.S.C. 401a(7)). 

3 SEC. 3012. Of the amounts appropriated for the Ed4 ward Byrne Memorial Justice Assistance Grant Program 

5 under subpart 1 of part E of title I of the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (42 U.S.C. 3750 

7 et seq.) under the heading ‘‘STATE AND LOCAL LAW EN8 FORCEMENT ASSISTANCE’’ under the heading ‘‘OFFICE OF

9 JUSTICE PROGRAMS’’ under the heading ‘‘STATE AND

10 LOCAL LAW ENFORCEMENT ACTIVITIES’’ under title II of 

11 the Omnibus Appropriations Act, 2009 (Public Law 111– 

12 8; 123 Stat. 579), at the discretion of the Attorney Gen13 eral, the amounts to be made available to the Marcus In14 stitute, Atlanta, Georgia, to provide remediation for the 

15 potential consequences of childhood abuse and neglect, 

16 pursuant to the joint statement of managers accom17 panying that Act, may be made available to the Georgia 

18 State University Center for Healthy Development, At19 lanta, Georgia. 

20 COASTAL IMPACT ASSISTANCE

21 SEC. 3013. Section 31 of the Outer Continental Shelf 

22 Lands Act (43 U.S.C. 1356a) is amended by adding at 

23 the end the following: 

24 ‘‘(e) EMERGENCY FUNDING.— 

25 ‘‘(1) IN GENERAL.—In response to a spill of na26 tional significance under the Oil Pollution Act of 


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1 1990 (33 U.S.C. 2701 et seq.), at the request of a 

2 producing State or coastal political subdivision and 

3 notwithstanding the requirements of part 12 of title 

4 43, Code of Federal Regulations (or a successor reg5 ulation), the Secretary may immediately disburse 

6 funds allocated under this section for 1 or more indi7 vidual projects that are— 

8 ‘‘(A) consistent with subsection (d); and 

9 ‘‘(B) specifically designed to respond to the 

10 spill of national significance. 

11 ‘‘(2) APPROVAL BY SECRETARY.—The Sec12 retary may, in the sole discretion of the Secretary, 

13 approve, on a project by project basis, the immediate 

14 disbursal of the funds under paragraph (1). 

15 ‘‘(3) STATE REQUIREMENTS.— 

16 ‘‘(A) ADDITIONAL INFORMATION.—If the 

17 Secretary approves a project for funding under 

18 this subsection that is included in a plan pre19 viously approved under subsection (c), not later 

20 than 90 days after the date of the funding ap21 proval, the producing State or coastal political 

22 subdivision shall submit to the Secretary any 

23 additional information that the Secretary deter24 mines to be necessary to ensure that the project 

25 is in compliance with subsection (d). 


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1 ‘‘(B) AMENDMENT TO PLAN.—If the Sec2 retary approves a project for funding under this 

3 subsection that is not included in a plan pre4 viously approved under subsection (c), not later 

5 than 90 days after the date of the funding ap6 proval, the producing State or coastal political 

7 subdivision shall submit to the Secretary for ap8 proval an amendment to the plan that includes 

9 any projects funded under paragraph (1), as 

10 well as any information about such projects 

11 that the Secretary determines to be necessary 

12 to ensure that the project is in compliance with 

13 subsection (d). 

14 ‘‘(C) LIMITATION.—If a producing State 

15 or coastal political subdivision does not submit 

16 the additional information or amendments to 

17 the plan required by this paragraph, or if, 

18 based on the information submitted by the Sec19 retary determines that the project is not in 

20 compliance with subsection (d), by the deadlines 

21 specified in this paragraph, the Secretary shall 

22 not disburse any additional funds to the pro23 ducing State or the coastal political subdivisions 

24 until the date on which the additional informaVerDate Mar 15 2010 04:05 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

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1 tion or amendment to the plan has been ap2 proved by the Secretary.’’. 

3 This Act may be cited as the ‘‘Supplemental Appro4 priations Act, 2010’’. 

Æ 


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