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•AMDT. NO. 4805 
made available to the UNFPA after March 1 for ob-
ligation for the remainder of the fiscal year in which 
the report is submitted. 
OVERSEAS PRIVATE INVESTMENT CORPORATION 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 7074. (a) Whenever the President determines 
that it is in furtherance of the purposes of the Foreign 
Assistance Act of 1961, up to a total of $20,000,000 of 
the funds appropriated under title III of this Act may be 
transferred to, and merged with, funds appropriated by 
this Act for the Overseas Private Investment Corporation 
Program Account, to be subject to the terms and condi-
tions of that account: Provided, That such funds shall not 
be available for administrative expenses of the Overseas 
Private Investment Corporation: Provided further, That 
designated funding levels in this Act shall not be trans-
ferred pursuant to this section: Provided further, That the 
exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropria-
tions. 
(b) Notwithstanding section 235(a)(2) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the au-
thority of subsections (a) through (c) of section 234 of 
such Act shall remain in effect through September 30, 
2013. 
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EXTRADITION 
SEC. 7075. (a) None of the funds appropriated in this 
Act may be used to provide assistance (other than funds 
provided under the headings ‘‘International Narcotics 
Control and Law Enforcement’’, ‘‘Migration and Refugee 
Assistance’’, ‘‘Emergency Migration and Refugee Assist-
ance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 
and Related Assistance’’) for the central government of 
a country which has notified the Department of State of 
its refusal to extradite to the United States any individual 
indicted for a criminal offense for which the maximum 
penalty is life imprisonment without the possibility of pa-
role or for killing a law enforcement officer, as specified 
in a United States extradition request. 
(b) Subsection (a) shall only apply to the central gov-
ernment of a country with which the United States main-
tains diplomatic relations and with which the United 
States has an extradition treaty and the government of 
that country is in violation of the terms and conditions 
of the treaty. 
(c) The Secretary of State may waive the restriction 
in subsection (a) on a case-by-case basis if the Secretary 
certifies to the Committees on Appropriations that such 
waiver is important to the national interests of the United 
States. 
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CLIMATE CHANGE AND ENVIRONMENT PROGRAMS 
SEC. 7076. (a) IN GENERAL.—Of the funds appro-
priated by this Act, up to $1,476,550,000 may be made 
available for programs and activities to— 
(1) reduce, mitigate, and sequester greenhouse 
gases that contribute to global climate change; 
(2) support climate change adaptation; and 
(3) protect biodiversity, including wildlife, trop-
ical forests, and other critical landscapes. 
(b) USES OF CLEAN ENERGY FUNDING.—Funds ap-
propriated by this Act under the headings ‘‘Development 
Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance 
for Europe, Eurasia and Central Asia’’ for clean energy 
programs and activities, may be made available only to 
support and promote the sustainable use of renewable en-
ergy technologies and end-use energy efficiency tech-
nologies, carbon sequestration, and carbon accounting. 
(c) TROPICAL FOREST PROGRAMS.—Funds appro-
priated under title III of this Act for tropical forest pro-
grams shall be used for purposes including to implement 
and enforce section 8204 of Public Law 110–246, shall 
not be used to support or promote the expansion of indus-
trial scale logging into primary tropical forests, and shall 
be subject to prior consultation with, and the regular noti-
fication procedures of, the Committees on Appropriations: 
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•AMDT. NO. 4805 
Provided, That not more than $5,000,000 of the funds 
that are available for the Central African Regional Pro-
gram for the Environment (CARPE) and other tropical 
forest programs in the Congo Basin may be obligated be-
fore approval of a new CARPE strategy. 
(d) AUTHORITY.—Funds appropriated by this Act to 
carry out the provisions of sections 103 through 106, and 
chapter 4 of part II, of the Foreign Assistance Act of 1961 
may be used, notwithstanding any other provision of law 
except for the provisions of this section and subject to the 
regular notification procedures of the Committees on Ap-
propriations, to support climate change and environment 
programs. 
(e) CONSULTATION.—Funds made available pursuant 
to this section are subject to prior consultation with, and 
the regular notification procedures of, the Committees on 
Appropriations: Provided, That prior to the obligation of 
funds appropriated by this Act for contributions to the 
Forest Carbon Partnership Facility and the Forest Invest-
ment Program, the Secretary of State and/or the Sec-
retary of the Treasury, as appropriate, shall determine 
and report to the Committees on Appropriations that 
there have been meaningful consultations by the World 
Bank with interested civil society and indigenous organiza-
tions. 
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(f) EXTRACTION OF NATURAL RESOURCES.— 
(1) Funds appropriated by this Act shall be 
made available to promote and support transparency 
and accountability of expenditures and revenues re-
lated to the extraction of timber, oil and gas, cacao 
and other natural resources, including by strength-
ening implementation and monitoring of the Extrac-
tive Industries Transparency Initiative and the Kim-
berley Process Certification Scheme, and by pro-
viding technical assistance to promote independent 
audit mechanisms and support civil society partici-
pation in natural resource management. 
(2)(A) The Secretary of the Treasury shall in-
form the managements of the international financial 
institutions and post on the Department of the 
Treasury’s Web site that it is the policy of the 
United States to oppose any assistance by such in-
stitutions (including but not limited to any loan, 
credit, grant, or guarantee) for the extraction and 
export of oil, gas, coal, timber, or other natural re-
source unless the government of the country has in 
place functioning systems in the sector in which as-
sistance is being considered for: 
(i) accurately accounting for and public 
disclosure of payments to the host government 
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•AMDT. NO. 4805 
by companies involved in the extraction and ex-
port of natural resources; 
(ii) the independent auditing of accounts 
receiving such payments and the widespread 
public dissemination of the findings of such au-
dits; and 
(iii) public disclosure of such documents as 
Host 
Government 
Agreements, 
Concession 
Agreements, and bidding documents, allowing 
in any such dissemination or disclosure for the 
redaction of, or exceptions for, information that 
is commercially proprietary or that would create 
competitive disadvantage. 
(B) The requirements of subparagraph (A) 
shall not apply to assistance for the purpose of 
building the capacity of such government to meet 
the requirements of this paragraph. 
(3) The Secretary of the Treasury or the Sec-
retary of State, as appropriate, shall instruct the 
United States executive director of each inter-
national financial institution and the United States 
representatives to all forest-related multilateral fi-
nancing mechanisms and processes, that it is the 
policy of the United States to oppose the expansion 
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of industrial scale logging into primary tropical for-
ests. 
(g) CLEAN TECHNOLOGY FUND.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—For 
fiscal year 2011, up to $315,000,000 is authorized 
to be appropriated for a United States contribution 
to the Clean Technology Fund (the Fund). 
(2) LIMITS
ON
COUNTRY
ACCESS.—The Sec-
retary of the Treasury shall use the voice and vote 
of the United States to ensure that— 
(A) the Fund does not provide more than 
15 percent of Fund resources to any one coun-
try; 
(B) prior to the obligation of funds from 
the Fund to a recipient country, recipient coun-
tries shall submit to the governing body of the 
Fund, and the governing body of the Fund ap-
propriately reviews and considers, an invest-
ment plan that will achieve significant net re-
ductions in national-level greenhouse gas emis-
sions; 
(C) the investment plan for a recipient 
country, whose borrowing status is classified by 
the World Bank as ‘‘International Development 
Association blend’’, shall have at least 15 per-
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•AMDT. NO. 4805 
cent of its total cost for public sector activities 
contributed from the public funds of the recipi-
ent country, and any recipient country whose 
borrowing status is classified by the World 
Bank as ‘‘International Bank for Reconstruc-
tion and Development Only’’ status, shall have 
at least 25 percent of its total cost for public 
sector activities contributed from public funds 
of the recipient country; and 
(D) assistance made available by the Fund 
is used exclusively to support the deployment of 
clean energy technologies in developing coun-
tries (including, where appropriate, through the 
provision of technical support or support for 
policy or institutional reforms) in a manner 
that achieves substantial net reductions in 
greenhouse gas emissions. 
(3) DEFINITIONS.—For purposes of this sub-
section— 
(A) NET REDUCTIONS.—The term ‘‘net re-
ductions’’ refers to the extent to which a project 
or program supported under this subsection re-
sults in lower greenhouse gas emissions than 
would be emitted by the same entity or sector 
in the same country in the absence of the 
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•AMDT. NO. 4805 
Fund’s project, taking into account, unless im-
practicable, effects beyond the physical bound-
aries of the project or program that result from 
project or program activities. 
(B) PUBLIC
FUNDS.—The term ‘‘public 
funds’’ may include sovereign loans assumed by 
the recipient country to contribute to the fi-
nancing of the investment plan. 
(C) CLEAN
ENERGY
TECHNOLOGY.—The 
term ‘‘clean energy technology’’ means a tech-
nology that, as compared with technologies 
being deployed at that time for widespread com-
mercial use in the country involved— 
(i) achieves substantial reductions in 
greenhouse gas emissions; 
(ii) does not result in significant in-
cremental adverse effects on public health 
or the environment; and 
(iii) does one or more of the following: 
(I) generates electricity or useful 
thermal energy from a renewable re-
source; 
(II) substantially increases the 
energy efficiency of buildings, indus-
trial, or agricultural processes, or of 
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•AMDT. NO. 4805 
electricity transmission, distribution, 
or end-use consumption; 
(III) substantially increases the 
energy efficiency of the transportation 
system or increases utilization of 
transportation fuels that have lifecycle 
greenhouse gas emissions that are 
substantially lower than those attrib-
utable to fossil fuel-based alternatives. 
PROHIBITION ON PROMOTION OF TOBACCO 
SEC. 7077. None of the funds provided by this Act 
shall be available to promote the sale or export of tobacco 
or tobacco products, or to seek the reduction or removal 
by any foreign country of restrictions on the marketing 
of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco 
products of the same type. 
COMMERCIAL LEASING OF DEFENSE ARTICLES 
SEC. 7078. The second sentence of section 23(a) of 
the Arms Export Control Act, as amended, (Public Law 
96–29) is further amended by striking ‘‘and Egypt’’ and 
inserting ‘‘, Egypt, and NATO and major non-NATO al-
lies’’. 
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•AMDT. NO. 4805 
INTERNATIONAL PRISON CONDITIONS 
SEC. 7079. (a) Not later than 180 days after enact-
ment of this Act, the Secretary of State shall submit to 
the Committees on Appropriations a report, which shall 
also be made publicly available including on the Depart-
ment of State’s Web site, indicating those countries receiv-
ing assistance under the headings ‘‘Development Assist-
ance’’, ‘‘Economic Support Fund’’, ‘‘International Nar-
cotics Control and Law Enforcement’’, and ‘‘Foreign Mili-
tary Financing Program’’ in this Act where the Assistant 
Secretary of State for Democracy, Human Rights and 
Labor has determined, based on the Department of 
State’s most recent Human Rights Report and any other 
relevant information, inhumane conditions in prisons and 
other detention facilities are common. 
(b) For purposes of each determination made pursu-
ant to subsection (a), the Assistant Secretary shall con-
sider the criteria listed in section 7085(b)(1 through 10) 
of division F of Public Law 111–117. 
(c) Funds appropriated by this Act to carry out the 
provisions of chapters 1 and 11 of part I and chapter 4 
of part II of the Foreign Assistance Act of 1961, and the 
Support for East European Democracy (SEED) Act of 
1989, shall be made available, notwithstanding section 
660 of the Foreign Assistance Act of 1961, for assistance 
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•AMDT. NO. 4805 
to help eliminate inhumane conditions in foreign prisons 
and other detention facilities. 
TRANSPARENCY, ACCOUNTABILITY AND ANTI- 
KLEPTOCRACY 
SEC. 7080. (a) UNITED NATIONS.—Funds appro-
priated by this Act shall be available to continue to sup-
port efforts to promote transparency and accountability 
at the United Nations, including access to audits and pro-
gram information, as appropriate: Provided, That the Sec-
retary of State, following consultation with the Commit-
tees on Appropriations, may withhold from obligation 
funds appropriated under the heading ‘‘International Or-
ganizations and Programs’’ for a United States contribu-
tion to a United Nations organization or agency if the Sec-
retary determines that such organization or agency is not 
adequately implementing reforms to increase transparency 
and accountability. 
(b) INTERNATIONAL MONETARY FUND.— 
(1) The terms and conditions of section 
7086(b) of division F of Public Law 111–117 shall 
apply to this Act. 
(2) The Secretary of the Treasury shall instruct 
the United States Executive Director of the Inter-
national Monetary Fund (IMF) to seek to ensure 
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•AMDT. NO. 4805 
that any loan will be repaid to the IMF before other 
private creditors and in full. 
(c) NATIONAL BUDGET
AND CONTRACT TRANS-
PARENCY.— 
(1) None of the funds appropriated under titles 
III and IV of this Act may be made available for as-
sistance for the central government of any country 
that fails to publicly disclose on an annual basis its 
national budget, to include income and expenditures 
by ministry, and government contracts and licenses 
for natural resource exploitation, to include bidding 
and concession allocation practices. 
(2) The Secretary of State may waive the prohi-
bition in paragraph (1) on a country-by-country 
basis if the Secretary reports to the Committees on 
Appropriations that to do so is important to the na-
tional interests of the United States. 
(3) Of the funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’, up to 
$1,500,000 may be made available for programs and 
activities to assist the central government of any 
country named in the report required by paragraph 
(2) to improve budget transparency or to support 
civil society organizations in such countries that pro-
mote budget transparency: Provided, That such 
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•AMDT. NO. 4805 
sums shall be in addition to funds otherwise made 
available for such purposes. 
(d) GOOD GOVERNANCE
AND ACCOUNTABILITY.— 
Programs funded under title III of this Act shall include, 
where appropriate, efforts to— 
(1) strengthen governance, counter corruption, 
promote accountability, and provide budget trans-
parency to donors and citizens of recipient countries; 
(2) enhance civil society participation in govern-
ance and oversight activities including participatory 
and transparent budgeting, and capacity building to 
increase legislative branch oversight; and 
(3) improve police and justice systems that sup-
port anti-corruption efforts and enforce the rule of 
law. 
(e) ANTI-KLEPTOCRACY.— 
(1) In furtherance of the National Strategy to 
Internationalize Efforts Against Kleptocracy and 
Presidential Proclamation 7750, the Secretary of 
State shall compile and maintain a list of officials of 
foreign governments and their immediate family 
members who the Secretary has credible evidence 
have been involved in corruption relating to the ex-
traction of natural resources in their countries. 
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•AMDT. NO. 4805 
(2) Any individual on the list compiled under 
paragraph (1) shall be ineligible for admission to the 
United States. 
(3) The Secretary may waive the application of 
paragraph (2) if the Secretary determines that ad-
mission to the United States is necessary to attend 
the United Nations, to further important United 
States law enforcement objectives, or that the cir-
cumstances which caused the individual to be in-
cluded on the list have changed sufficiently to justify 
the removal of the individual from the list. 
(4) Not later than 120 days after enactment of 
this Act, the Secretary of State shall report in writ-
ing, in classified form if necessary, to the Commit-
tees on Appropriations describing the evidence of 
corruption concerning each of the individuals listed 
pursuant to paragraph (1), which shall include a list 
of any waivers provided under paragraph (3), and 
the justification for each waiver. 
(f) ASIAN DEVELOPMENT BANK.—Ten percent of the 
funds appropriated by this Act under the heading ‘‘Con-
tribution to the Asian Development Fund’’ shall be with-
held from obligation until the Secretary of the Treasury 
reports to the Committees on Appropriations that the 
Asian Development Bank (the Bank) is taking steps to— 
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•AMDT. NO. 4805 
(1) implement an independent review, to include 
external specialists, of the operations and internal 
controls of the Office of Information Systems and 
Technology and any other offices considered vulner-
able to fraud and corruption; 
(2) strengthen internal controls to improve ac-
countability by management and prevent cases of 
fraud and corruption; and 
(3) ensure that restitution, including criminal 
prosecution if appropriate, is sought if the Bank ex-
periences losses from fraud and corruption. 
DISABILITY PROGRAMS 
SEC. 7081. (a) Funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’ shall be made 
available for programs and activities administered by the 
United States Agency for International Development 
(USAID) to address the needs and protect and promote 
the rights of people with disabilities in developing coun-
tries, including initiatives that focus on independent living, 
economic self-sufficiency, advocacy, education, employ-
ment, transportation, sports, and integration of individ-
uals with disabilities, including for the cost of translation. 
(b) Funds appropriated under the heading ‘‘Oper-
ating Expenses’’ in title II of this Act shall be made avail-
able to develop and implement training for staff in over-
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•AMDT. NO. 4805 
seas USAID missions to promote the full inclusion and 
equal participation of people with disabilities in developing 
countries. 
(c) The Secretary of State, the Secretary of the 
Treasury, and the USAID Administrator shall seek to en-
sure that, where practicable, construction projects funded 
by this Act are accessible to people with disabilities and 
in compliance with the USAID Policy on Standards for 
Accessibility for the Disabled, or other similar accessibility 
standards. 
(d) Of the funds made available pursuant to sub-
section (a), not more than 7 percent may be for manage-
ment, oversight, and technical support. 
BUYING POWER MAINTENANCE, INTERNATIONAL 
ORGANIZATIONS 
SEC. 7082. (a) There may be established in the 
Treasury of the United States a ‘‘Buying Power Mainte-
nance, International Organizations’’ account. 
(b) At the end of each fiscal year, the Secretary of 
State may transfer to, and merge with, ‘‘Buying Power 
Maintenance, International Organizations’’ such amounts 
from ‘‘Contributions to International Organizations’’ as 
the Secretary determines are in excess of the needs of ac-
tivities funded from ‘‘Contributions to International Orga-
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•AMDT. NO. 4805 
nizations’’ because of fluctuations in foreign currency ex-
change rates. 
(c) In order to offset adverse fluctuations in foreign 
currency exchange rates, the Secretary of State may 
transfer to, and merge with, ‘‘Contributions to Inter-
national Organizations’’ such amounts from ‘‘Buying 
Power Maintenance, International Organizations’’ as the 
Secretary determines are necessary to provide for the ac-
tivities funded from ‘‘Contributions to International Orga-
nizations’’. 
(d)(1) Subject to the limitations contained in this sec-
tion, not later than the end of the fifth fiscal year after 
the fiscal year for which funds are appropriated or other-
wise made available for ‘‘Contributions to International 
Organizations’’, the Secretary of State may transfer any 
unobligated balance of such funds to the ‘‘Buying Power 
Maintenance, International Organizations’’ account. 
(2) The balance of the Buying Power Maintenance, 
International Organizations account may not exceed 
$15,000,000 as a result of any transfer under this sub-
section. 
(3) Any transfer pursuant to this subsection shall be 
treated as a reprogramming of funds under section 34 of 
the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2706) and shall be available for obligation or ex-
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•AMDT. NO. 4805 
penditure only in accordance with the procedures under 
such section. 
(e)(1) Funds transferred to the ‘‘Buying Power 
Maintenance, International Organizations’’ account pur-
suant to this section shall remain available until expended. 
(2) The transfer authorities in this section shall be 
available for funds appropriated for fiscal year 2011 and 
for each fiscal year thereafter, and are in addition to any 
transfer authority otherwise available to the Department 
of State under other provisions of law. 
PROHIBITION ON FIRST-CLASS TRAVEL 
SEC. 7083. None of the funds made available in this 
Act may be used for first-class travel by employees of 
agencies funded by this Act in contravention of sections 
301–10.122 through 301–10.124 of title 41, Code of Fed-
eral Regulations. 
PROHIBITION ON FEDERAL CONTRACTORS IN VIOLATION 
OF CIVIL RIGHTS ACT 
SEC. 7084. (a) None of the funds appropriated or 
otherwise made available by this Act may be expended for 
any Federal contract for an amount in excess of 
$1,000,000 that is awarded more than 60 days after the 
effective date of this Act, unless the contractor agrees not 
to— 
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•AMDT. NO. 4805 
(1) enter into any agreement with any of its 
employees or independent contractors that requires, 
as a condition of employment, that the employee or 
independent contractor agree to resolve through ar-
bitration any claim under title VII of the Civil 
Rights Act of 1964 or any tort related to or arising 
out of sexual assault or harassment, including as-
sault and battery, intentional infliction of emotional 
distress, false imprisonment, or negligent hiring, su-
pervision, or retention; or 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
or independent contractor resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sex-
ual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, 
false imprisonment, or negligent hiring, supervision, 
or retention. 
(b) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Fed-
eral contract awarded more than 180 days after the effec-
tive date of this Act unless the contractor certifies that 
it requires each covered subcontractor to agree not to 
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•AMDT. NO. 4805 
enter into, and not to take any action to enforce any provi-
sion of, any agreement as described in paragraphs (1) and 
(2) of subsection (a), with respect to any employee or inde-
pendent contractor performing work related to such sub-
contract. For purposes of this subsection, a ‘‘covered sub-
contractor’’ is an entity that has a subcontract in excess 
of $1,000,000 on a contract subject to subsection (a). 
(c) The prohibitions in this section do not apply with 
respect to a contractor’s or subcontractor’s agreements 
with employees or independent contractors that may not 
be enforced in a court of the United States. 
(d) The Secretary of State may waive the application 
of subsection (a) or (b) to a particular contractor or sub-
contractor for the purposes of a particular contract or sub-
contract if the Secretary determines that to do so is impor-
tant to the national security interest of the United States: 
Provided, That prior to exercising such waiver authority 
(or, in an emergency, as soon as practicable), the Sec-
retary shall submit a report to the Committees on Appro-
priations, in classified form if necessary, detaining the 
grounds for the waiver. 
MILLENNIUM CHALLENGE CORPORATION COMPACTS 
SEC. 7085. (a) EXTENSION OF COMPACTS.—Section 
609(j) of the Millennium Challenge Act of 2003 (22 
U.S.C. 7708(j)) is amended to read as follows: 
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•AMDT. NO. 4805 
‘‘(j) EXTENSION OF COMPACT.— 
‘‘(1) IN GENERAL.—Except as provided under 
paragraph (2), the duration of a Compact shall not 
exceed 5 years. 
‘‘(2) EXCEPTION.—The duration of a Compact 
may be extended beyond 5 years if the Board— 
‘‘(A) determines that a project included in 
the Compact cannot be completed within 5 
years; and 
‘‘(B) approves an extension of the Compact 
that does not extend the total duration of the 
Compact beyond 7 years. 
‘‘(3) 
CONGRESSIONAL
NOTIFICATION.—Not 
later than 15 days before the date on which the 
Board is scheduled to vote on the extension of a 
Compact beyond 5 years pursuant to paragraph (2), 
the Board, acting through the Chief Executive Offi-
cer, shall— 
‘‘(A) notify the Committees on Appropria-
tions, the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Af-
fairs of the House of Representatives, of its in-
tent to approve such extension; and 
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•AMDT. NO. 4805 
‘‘(B) provide such committees with a de-
tailed explanation for the determination and ap-
proval described in paragraph (2).’’. 
(b) CONCURRENT AND SUBSEQUENT COMPACTS.— 
Section 609(k) of such Act (22 U.S.C. 7708(k)) is amend-
ed to read as follows: 
‘‘(k) CONCURRENT AND SUBSEQUENT COMPACTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
and in accordance with the requirements of this 
title, an eligible country and the United States may 
enter into and have in effect concurrent and/or sub-
sequent Compacts. 
‘‘(2) REQUIREMENTS.—An eligible country and 
the United States may enter into concurrent or sub-
sequent Compacts if the Board determines that such 
country— 
‘‘(A) is making significant, consistent 
progress in implementing the terms of its exist-
ing Compact(s) and supplementary agreements 
to such Compact(s); and 
‘‘(B) will contribute, in the case of an Low 
Income Country as defined in section 606(a), 
not less than a 7.5 percent contribution of the 
total amount agreed upon for a subsequent 
Compact, or in the case of an Lower Middle In-
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•AMDT. NO. 4805 
come Country (LMIC) as defined in section 
606(b), a 15 percent contribution for a subse-
quent Compact. 
‘‘(3) FUNDING.—Millennium Challenge Cor-
poration (MCC) shall commit any funding for a con-
current Compact at the time it funds the Compact. 
‘‘(4) TIMING.—A concurrent Compact shall be 
signed not later than 2 years after the signing of the 
earlier compact. 
‘‘(5) LIMITATION
ON
COMPACTS.—The MCC 
shall provide no more than 15 years of compact 
funding to any country.’’. 
(c) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to Compacts entered 
into between the United States and an eligible country 
under the Millennium Challenge Act of 2003 (22 U.S.C. 
7701 et seq.) before, on or after enactment of this Act, 
and those made by subsection (b) shall apply prospectively 
to new compacts. 
(d) MAINTAINING CANDIDATE STATUS
FOR PUR-
POSES OF INCOME CATEGORY.—Section 606 of the Mil-
lennium Challenge Act of 2003 (22 U.S.C. 7705) is 
amended as follows: 
(1) Section (a)(1) is amended by striking the 
words ‘‘Fiscal year 2004’’ and inserting ‘‘In 
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•AMDT. NO. 4805 
general’’, and by striking the words ‘‘for fiscal 
year 2004’’ and inserting ‘‘for a fiscal year’’. 
(2) Section (a)(1)(A) is stricken and replaced 
with the following: ‘‘The country has a per capita in-
come equal to or below the World Bank’s lower mid-
dle income country threshold for the fiscal year in-
volved and is among the 75 lowest per capita income 
countries as identified by the World Bank; and’’; 
(3) Section (a)(2) is stricken. 
(4) Section (b)(1)(A) is stricken and replaced 
with the following: ‘‘has a per capita income equal 
to or below the World Bank’s lower middle income 
country threshold for the fiscal year involved and is 
not among the 75 lowest per capita income countries 
as identified by the World Bank; and’’. 
(e) Section 606 is amended by inserting the fol-
lowing— 
‘‘(d) INCOME CLASSIFICATION TRANSITION.—Any 
country with a per capita income that changes in a given 
fiscal year such that the country would be reclassified in 
that fiscal year from a low income country to a lower mid-
dle income country or from a lower middle income country 
to a low income country shall retain its candidacy status 
in its former income classification for the fiscal year of 
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the country’s transition and the two subsequent fiscal 
years.’’. 
GLOBAL WOMEN’S ISSUES 
SEC. 7086. (a) DEPARTMENT OF STATE OFFICE FOR 
GLOBAL WOMEN’S ISSUES.—There is established, in the 
Office of the Secretary of State, the Office for Global 
Women’s Issues (the Office). The Secretary of State may 
assign appropriate staff with relevant technical and oper-
ational expertise to the Office to carry out the purposes 
of this section. 
(b) AMBASSADOR-AT-LARGE FOR GLOBAL WOMEN’S 
ISSUES.—The Office shall be headed by an Ambassador- 
at-Large for Global Women’s Issues (the Ambassador), 
who shall be appointed by the President, by and with the 
advice and consent of the Senate; report directly to the 
Secretary of State; and have the rank and status of Am-
bassador-at-Large. 
(1) DUTIES.—The Ambassador is authorized 
to— 
(A) coordinate, advise on, promote and, 
where relevant, design and implement, activi-
ties, policies, programs, and funding of relevant 
bureaus and offices of the Department of State, 
and other relevant executive branch agencies, 
which relate to— 
(i) gender integration; 
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•AMDT. NO. 4805 
(ii) women’s and girls’ health, eco-
nomic, social and legal development, pro-
tection, improvement in role and status in 
society; and 
(iii) prevention and response to vio-
lence against women and girls, including 
child and forced marriage; 
(B) work with relevant offices within the 
Department of State, and in other relevant ex-
ecutive branch agencies, to promote the collec-
tion, retention, and analysis of data using inter-
nationally comparable indicators, norms and 
methodologies to the extent possible on pro-
grams and activities in paragraph (A); and 
(C) subject to the direction of the Presi-
dent and the Secretary of State, represent the 
United States in matters relevant to the status 
of women internationally. 
(c) INTERAGENCY COOPERATION.—On behalf of the 
Secretary of State, the Ambassador shall convene periodic 
meetings with other executive branch agencies to enhance 
and ensure effective coordination of policies, programs, 
and resources regarding critical issues related to inter-
national women’s status and development. 
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•AMDT. NO. 4805 
(d) UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT GENDER INTEGRATION AND DEVELOP-
MENT ADVISOR.—There is established, within the United 
States Agency for International Development (USAID), 
the Gender Integration and Development Advisor (the Ad-
visor), who shall be appointed by, and should report di-
rectly to, the USAID Administrator; be highly qualified 
in the areas of international development and gender inte-
gration; and participate in high-level strategic policy, plan-
ning, operations, and evaluations throughout all regional 
and functional disciplines of USAID. 
(1) SUPPORT STAFF.—The Office of Women in 
International Development shall report directly to 
the Advisor. The USAID Administrator shall assign 
additional staff with technical and operational exper-
tise as may be needed to assist the Advisor in car-
rying out the purposes of this section. 
(2) DUTIES.—The Advisor is authorized to— 
(A) coordinate and advise USAID efforts 
to integrate gender in foreign assistance design, 
strategy, and programs, including to make rec-
ommendations to the USAID Administrator re-
garding USAID policies, procedures, and budg-
eting; 
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•AMDT. NO. 4805 
(B) collect and make publicly available 
data and analysis on gender integration activi-
ties, women’s development, and strategies for 
gender-based violence prevention and response, 
in accordance with agency-wide mechanisms for 
data collection, monitoring, and evaluation; and 
(C) provide recommendations to the Ad-
ministrator and the Ambassador. 
(e) STRATEGY.—Not later than 1 year after enact-
ment of this Act, the Secretary of State and the USAID 
Administrator shall submit to the Committees on Appro-
priations, the Committee on Foreign Relations of the Sen-
ate and the Committee on Foreign Affairs of the House 
of Representatives, a 5-year strategy, developed by the 
Ambassador and the Advisor in consultation with other 
Federal agencies, multilateral organizations, foreign gov-
ernments and United States and foreign civil society orga-
nizations with relevant expertise, to prevent and respond 
to violence against women and girls comprehensively in at 
least 5 developing countries with severe levels of violence, 
which shall include multi-sector approaches, clear and 
achievable goals and objectives, indicators and bench-
marks for measuring progress, and expected impacts, and 
the role of local women’s organizations in implementation. 
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•AMDT. NO. 4805 
(f) CLARIFICATION.—Nothing in this section shall be 
construed as affecting in any way existing statutory prohi-
bitions related to abortion or existing statutory prohibi-
tions on the use of funds to lobby for or against abortion. 
ASIAN DEVELOPMENT FUND AND ASIAN DEVELOPMENT 
BANK AUTHORIZATIONS 
SEC. 7087. The Asian Development Bank Act (22 
U.S.C. 285 et seq.) is amended by adding at the end the 
following— 
‘‘SEC. 33. NINTH REPLENISHMENT. 
‘‘(a) CONTRIBUTION
AUTHORIZED.—The United 
States Governor of the Bank is authorized to contribute 
$461,000,000 on behalf of the United States to the ninth 
replenishment of the resources of the Fund, to the extent 
such amounts are made available in advance through ap-
propriations Acts. 
‘‘(b) AUTHORIZATION
OF
APPROPRIATIONS.—In 
order to pay for the United States contribution under sub-
section (a), there are authorized to be appropriated, with-
out fiscal year limitation, $461,000,000 for payment by 
the Secretary of the Treasury. 
‘‘SEC. 34. FIFTH CAPITAL INCREASE. 
‘‘(a) SUBSCRIPTION AUTHORIZED.— 
‘‘(1) The United States Governor of the Bank 
may subscribe on behalf of the United States to 
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•AMDT. NO. 4805 
1,104,420 additional shares of the capital stock of 
the Bank. 
‘‘(2) Any subscription by the United States to 
the capital stock of the Bank shall be effective only 
to such extent and in such amounts as are made 
available in advance through appropriations Acts. 
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.— 
‘‘(1) In order to pay for the increase in the 
United States subscription to the Bank under sub-
section (a), there are authorized to be appropriated, 
without fiscal year limitation, $13,323,173,083 for 
payment by the Secretary of the Treasury. 
‘‘(2) Of the amount authorized to be appro-
priated under paragraph (1)— 
‘‘(A) $532,929,240 shall be for paid in 
shares of the Bank; and 
‘‘(B) $12,790,243,843 shall be for callable 
shares of the Bank.’’. 
INSPECTORS GENERAL PERSONNEL 
SEC. 7088. (a)(1) The provisions in this section shall 
apply to the Inspector General of the Department of State 
and the Inspector General of the United States Agency 
for International Development. 
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•AMDT. NO. 4805 
(2) The term ‘‘Government Employee’’ has the mean-
ing given the term employee in section 2105 of title 5, 
United States Code. 
(3) The Inspector General may waive any of the fol-
lowing provisions to employ annuitants (individuals who 
are entitled to benefits under a retirement system for Gov-
ernment employees): subsections (a) through (d) of section 
8344 of title 5, United States Code; subsections (a), (b) 
and (e) of section 8468 of title 5, United States Code; 
subsections (a) through (d) of section 824 of the Foreign 
Service Act of 1980 (22 U.S.C. 4064); and any other simi-
lar provision of law, as identified by the Inspector General 
in regulations: Provided, That the Inspector General may 
exercise this authority: only on a case-by-case basis and 
only for so long as is necessary; when necessary due to 
exceptional difficulty in the recruitment or retention of a 
qualified employee for the position involved or a temporary 
emergency hiring need; as long as it does not cause the 
number of employees within the Office of Inspector Gen-
eral (OIG) employed under this or other similar authority 
to exceed, as of any given date, 15 percent of the total 
OIG workforce, determined on a full-time equivalent basis; 
and this authority is repealed on October 1, 2013, except 
that an annuitant re-employed pursuant to the waiver in 
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•AMDT. NO. 4805 
this section before October 1, 2013, may continue such 
employment until not later than September 30, 2014. 
(4) Nothing in this section may be construed to per-
mit or require that any re-employed annuitant benefitting 
from a waiver of a provision of law set forth in this section 
be treated as a Government employee for purposes of the 
retirement system to which such provision relates. 
(5) The Inspector General is authorized to obtain 
services under section 3109 of title 5, United States Code, 
without regard to subsections (d)(1) of such section, and 
is considered the head of the agency under subsection (b) 
of such section for purposes of exercising this authority. 
(A) Services may be obtained by the Inspector 
General for a period of up to 1 year, with an option 
to extend such services for an additional 2 years, 
and that the total number of individuals employed 
under this section shall not exceed 15 percent of the 
total OIG workforce, determined on a full-time 
equivalent basis. 
(B) The authority to obtain such services shall 
expire on September 30, 2014 except that an indi-
vidual whose service under this subsection is pro-
cured before October 1, 2014, may continue to pro-
vide such service until not later than September 30, 
2015. 
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•AMDT. NO. 4805 
(b) Section 5545a of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(l)(1) The provisions of subsections (a)–(h) pro-
viding for availability pay shall apply to a Foreign Service 
officer serving as a criminal investigator in the Office of 
the Inspector General of the United States Agency for 
International Development. 
‘‘(2) For the purpose of this section, section 5542(d) 
of this title, and section 13(a)(16) and (b)(30) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and 
(b)(30)), such a Foreign Service officer shall be deemed 
to be a criminal investigator as defined in this section. 
‘‘(3) For purposes of this subsection, the term ‘For-
eign Service officer’ means as defined in section 103 (1)– 
(4) of the Foreign Service Act of 1980, as amended (22 
U.S.C. 2903 (1)–(4)).’’. 
RESCISSIONS 
SEC. 7089. (a) Of the unobligated balances available 
under the heading ‘‘Subsidy Appropriation’’ for the Ex-
port-Import Bank of the United States in title VI of the 
Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009 (division H of Public 
Law 111–8; 123 Stat. 846) and under such heading in 
prior acts making appropriations for the Department of 
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•AMDT. NO. 4805 
State, 
foreign 
operations, 
and 
related 
programs, 
$160,000,000 are rescinded. 
(b) Of the funds appropriated in prior Acts making 
appropriations for the Department of State, foreign oper-
ations, and related programs under the heading ‘‘Diplo-
matic and Consular Programs’’, $55,000,000, of which 
$50,000,000 shall be from amounts made available for 
Worldwide Security Protection, are rescinded: Provided, 
That no amounts may be rescinded from amounts that 
were designated by the Congress as an emergency require-
ment pursuant to the Concurrent Resolution on the Budg-
et or the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
(c) Of the unobligated balances available for the 
International Broadcasting Operations account, as identi-
fied by Treasury Appropriation Fund Symbol 95X0206, 
$633,000 are rescinded. 
(d) Of the amounts appropriated or otherwise made 
available by section 101 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289), as 
amended by section 2 of the Revised Continuing Appro-
priations Resolution, 2007 (Public Law 110–5; 121 Stat. 
8), for the Broadcasting Board of Governors under the 
heading ‘‘Broadcasting Capital Improvements’’ that re-
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•AMDT. NO. 4805 
main available for obligation as of the date of the enact-
ment of this Act, $72,000 are rescinded. 
(e) Of the unobligated balances available for the 
Child Survival and Health Program Fund account, as 
identified by Treasury Appropriation Fund Symbols 7206/ 
111095 and 7207/121095, $6,317,000 are rescinded. 
(f) Of the unobligated balances available for the De-
velopment Assistance account, as identified by Treasury 
Appropriation Fund Symbols 7206/111021 and 7207/ 
121021, $4,928,000 are rescinded. 
(g) Of the unobligated balances available for the Eco-
nomic Support Fund account, as identified by Treasury 
Appropriation Fund Symbols 7206/111037, 7207/121037, 
$6,179,000 are rescinded. 
(h) Of the unobligated balances available for the As-
sistance for the Independent States of the Former Soviet 
Union account, as identified by Treasury Appropriation 
Fund 
Symbols 
7206/111093 
and 
7207/121093, 
$3,294,000 are rescinded. 
(i) Of the unobligated balances available for the 
International Narcotics Control and Law Enforcement ac-
count, as identified by Treasury Appropriation Fund Sym-
bols, 11X1022, 1911X1022, 1106/121022, and 191105/ 
111022, $11,143,000 are rescinded. 
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•AMDT. NO. 4805 
(j) Of the unobligated balances available for the As-
sistance for Counternarcotics Activities account, as identi-
fied by Treasury Appropriation Fund Symbol, 19X1154, 
$3,148,000 are rescinded. 
This division may be cited as the ‘‘Department of 
State, Foreign Operations, and Related Programs Appro-
priations Act, 2011’’. 
DIVISION 
L—TRANSPORTATION, 
AND 
HOUSING AND URBAN DEVELOPMENT, 
AND RELATED AGENCIES APPROPRIA-
TIONS ACT, 2011 
TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 
$115,509,000, of which not to exceed $2,667,000 shall be 
available for the immediate Office of the Secretary; not 
to exceed $1,000,000 shall be available for the Immediate 
Office of the Deputy Secretary; not to exceed $19,960,000 
shall be available for the Office of the General Counsel; 
not to exceed $16,568,000 shall be available for the Office 
of the Under Secretary of Transportation for Policy; not 
to exceed $11,156,000 shall be available for the Office of 
the Assistant Secretary for Budget and Programs; not to 
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•AMDT. NO. 4805 
exceed $2,500,000 shall be available for the Office of the 
Assistant Secretary for Governmental Affairs; not to ex-
ceed $25,695,000 shall be available for the Office of the 
Assistant Secretary for Administration; not to exceed 
$2,055,000 shall be available for the Office of Public Af-
fairs; not to exceed $1,683,000 shall be available for the 
Office of the Executive Secretariat; not to exceed 
$1,563,000 shall be available for the Office of Small and 
Disadvantaged Business Utilization; not to exceed 
$10,999,000 for the Office of Intelligence, Security, and 
Emergency Response; and not to exceed $19,663,000 shall 
be available for the Office of the Chief Information Offi-
cer: Provided, That the Secretary of Transportation is au-
thorized to transfer funds appropriated for any office of 
the Office of the Secretary to any other office of the Office 
of the Secretary: Provided further, That no appropriation 
for any office shall be increased or decreased by more than 
5 percent by all such transfers: Provided further, That no-
tice of any change in funding greater than 5 percent shall 
be submitted for approval to the House and Senate Com-
mittees on Appropriations: Provided further, That not to 
exceed $60,000 shall be for allocation within the Depart-
ment for official reception and representation expenses as 
the Secretary may determine: Provided further, That not-
withstanding any other provision of law, excluding fees au-
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•AMDT. NO. 4805 
thorized in Public Law 107–71, there may be credited to 
this appropriation up to $2,500,000 in funds received in 
user fees: Provided further, That none of the funds pro-
vided in this Act shall be available for the position of As-
sistant Secretary for Public Affairs. 
NATIONAL INFRASTRUCTURE INVESTMENT 
For capital investments in transportation infrastruc-
ture, $500,000,000, to remain available through Sep-
tember 30, 2013: Provided, That the Secretary of Trans-
portation shall distribute funds provided under this head-
ing as discretionary grants to be awarded to a State, local 
government, transit agency, or a collaboration among such 
entities on a competitive basis for projects that will have 
a significant impact on the Nation, a metropolitan area, 
or a region: Provided further, That projects eligible for 
funding provided under this heading shall include, but not 
be limited to, highway or bridge projects eligible under 
title 23, United States Code; public transportation 
projects eligible under chapter 53 of title 49, United 
States Code; passenger and freight rail transportation 
projects; and port infrastructure investments: Provided 
further, That in distributing funds provided under this 
heading, the Secretary shall take such measures so as to 
ensure an equitable geographic distribution of funds, an 
appropriate balance in addressing the needs of urban and 
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•AMDT. NO. 4805 
rural areas, and the investment in a variety of transpor-
tation modes: Provided further, That a grant funded under 
this heading shall be not less than $10,000,000 and not 
greater than $125,000,000: Provided further, That not 
more than 25 percent of the funds made available under 
this heading may be awarded to projects in a single State: 
Provided further, That the Federal share of the costs for 
which an expenditure is made under this heading shall be, 
at the option of the recipient, up to 80 percent: Provided 
further, That the Secretary shall give priority to projects 
that require a contribution of Federal funds in order to 
complete an overall financing package: Provided further, 
That not less than $100,000,000 of the funds provided 
under this heading shall be for projects located in rural 
areas: Provided further, That for projects located in rural 
areas, the minimum grant size shall be $1,000,000 and 
the Secretary may increase the Federal share of costs 
above 80 percent: Provided further, That of the amount 
made available under this heading, the Secretary may 
transfer to the Federal Highway Administration an 
amount not to exceed $60,000,000 for the purpose of pay-
ing the subsidy and administrative costs of projects eligi-
ble for federal credit assistance under chapter 6 of title 
23, United States Code, if the Secretary finds that such 
use of the funds would advance the purposes of this para-
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•AMDT. NO. 4805 
graph: Provided further, That of the amount made avail-
able under this heading, the Secretary may use an amount 
not to exceed $20,000,000 for the planning, preparation 
or design of projects eligible for funding under this head-
ing: Provided further, That projects conducted using funds 
provided under this heading must comply with the require-
ments of subchapter IV of chapter 31 of title 40, United 
States Code: Provided further, That the Secretary shall 
publish criteria on which to base the competition for any 
grants awarded under this heading no sooner than 60 days 
after enactment of this Act, require applications for fund-
ing provided under this heading to be submitted no sooner 
than 120 days after the publication of such criteria, and 
announce all projects selected to be funded from funds 
provided under this heading no sooner than September 15, 
2011: Provided further, That the Secretary may retain up 
to $20,000,000 of the funds provided under this heading, 
and may transfer portions of those funds to the Adminis-
trators of the Federal Highway Administration, the Fed-
eral Transit Administration, the Federal Railroad Admin-
istration, and the Federal Maritime Administration, to 
fund the award and oversight of surface transportation 
grants. 
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•AMDT. NO. 4805 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing 
the Department of Transportation’s financial systems and 
re-engineering business processes, $20,000,000, to remain 
available through September 30, 2014. 
CYBER SECURITY INITIATIVES 
For necessary one-time expenses for cyber security 
initiatives, including improvement of network perimeter 
controls and identity management, testing and assessment 
of information technology against business, security, and 
other requirements, implementation of Federal cyber secu-
rity initiatives and information infrastructure enhance-
ments, implementation of enhanced security controls on 
network devices, and enhancement of cyber security work-
force training tools, $30,000,000, to remain available 
through September 30, 2014. 
OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, 
$9,767,000. 
TRANSPORTATION PLANNING, RESEARCH, AND 
DEVELOPMENT 
For necessary expenses for conducting transportation 
planning, research, systems development, development ac-
tivities, and making grants, to remain available until ex-
pended, $16,769,000. 
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•AMDT. NO. 4805 
WORKING CAPITAL FUND 
For necessary expenses for operating costs and cap-
ital outlays of the Working Capital Fund, not to exceed 
$148,096,000, shall be paid from appropriations made 
available to the Department of Transportation: Provided, 
That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Pro-
vided further, That the above limitation on operating ex-
penses shall not apply to non-DOT entities: Provided fur-
ther, That no funds appropriated in this Act to an agency 
of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal 
administrator: Provided further, That no assessments may 
be levied against any program, budget activity, subactivity 
or project funded by this Act unless notice of such assess-
ments and the basis therefor are presented to the House 
and Senate Committees on Appropriations and are ap-
proved by such Committees. 
MINORITY BUSINESS RESOURCE CENTER PROGRAM 
For the cost of guaranteed loans, $329,000, as au-
thorized by 49 U.S.C. 332: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be 
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•AMDT. NO. 4805 
guaranteed, not to exceed $18,367,000. In addition, for 
administrative expenses to carry out the guaranteed loan 
program, $584,000. 
MINORITY BUSINESS OUTREACH 
For necessary expenses of Minority Business Re-
source Center outreach activities, $3,553,000, to remain 
available until September 30, 2012: Provided, That not-
withstanding 49 U.S.C. 332, these funds may be used for 
business opportunities related to any mode of transpor-
tation. 
PAYMENTS TO AIR CARRIERS 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
In addition to funds made available from any other 
source to carry out the essential air service program under 
49 U.S.C. 41731 through 41742, $146,000,000, to be de-
rived from the Airport and Airway Trust Fund, to remain 
available until expended: Provided, That, in determining 
between or among carriers competing to provide service 
to a community, the Secretary may consider the relative 
subsidy requirements of the carriers: Provided further, 
That, if the funds under this heading are insufficient to 
meet the costs of the essential air service program in the 
current fiscal year, the Secretary shall transfer such sums 
as may be necessary to carry out the essential air service 
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•AMDT. NO. 4805 
program from any available amounts appropriated to or 
directly administered by the Office of the Secretary for 
such fiscal year. 
ADMINISTRATIVE PROVISIONS—OFFICE OF THE 
SECRETARY OF TRANSPORTATION 
SEC. 101. None of the funds made available in this 
Act to the Department of Transportation may be obligated 
for the Office of the Secretary of Transportation to ap-
prove assessments or reimbursable agreements pertaining 
to funds appropriated to the modal administrations in this 
Act, except for activities underway on the date of enact-
ment of this Act, unless such assessments or agreements 
have completed the normal reprogramming process for 
Congressional notification. 
SEC. 102. None of the funds made available under 
this Act may be obligated or expended to establish or im-
plement a program under which essential air service com-
munities are required to assume subsidy costs commonly 
referred to as the EAS local participation program. 
SEC. 103. The Secretary or his designee may engage 
in activities with States and State legislators to consider 
proposals related to the reduction of motorcycle fatalities. 
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1469 
•AMDT. NO. 4805 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Federal Aviation Ad-
ministration, not otherwise provided for, including oper-
ations and research activities related to commercial space 
transportation, administrative expenses for research and 
development, establishment of air navigation facilities, the 
operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold 
to the public, lease or purchase of passenger motor vehi-
cles for replacement only, in addition to amounts made 
available by Public Law 108–176, $9,817,739,000, of 
which $4,559,000,000 shall be derived from the Airport 
and Airway Trust Fund, of which not to exceed 
$7,653,128,000 shall be available for air traffic organiza-
tion activities; not to exceed $1,304,486,000 shall be avail-
able for aviation safety activities; not to exceed 
$16,747,000 shall be available for commercial space trans-
portation activities; not to exceed $114,784,000 shall be 
available for financial services activities; not to exceed 
$103,297,000 shall be available for human resources pro-
gram activities; not to exceed $361,354,000 shall be avail-
able for region and center operations and regional coordi-
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•AMDT. NO. 4805 
nation activities; not to exceed $208,644,000 shall be 
available for staff offices; and not to exceed $55,949,000 
shall be available for information services: Provided, That 
the Secretary utilize not less than $18,000,000 of the 
funds provided for aviation safety activities to pay for staff 
increases in the Office of Aviation Flight Standards and 
the Office of Aircraft Certification: Provided further, That 
none of the funds provided for increases to the staffs of 
the aviation flight standards and aircraft certification of-
fices shall be used for other purposes: Provided further, 
That not to exceed 2 percent of any budget activity, except 
for aviation safety budget activity, may be transferred to 
any budget activity under this heading: Provided further, 
That no transfer may increase or decrease any appropria-
tion by more than 2 percent: Provided further, That any 
transfer in excess of 2 percent shall be treated as a re-
programming of funds under section 405 of this Act and 
shall not be available for obligation or expenditure except 
in compliance with the procedures set forth in that section: 
Provided further, That the Administrator shall study and 
report to the House and Senate Committees on Appropria-
tions various alternatives for developing an objective, data- 
driven test to be used in the placement of air traffic con-
trollers after the successful completion of their training 
at the Federal Aviation Administration Academy: Pro-
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•AMDT. NO. 4805 
development of aviation safety standards: Provided fur-
ther, That none of the funds in this Act shall be available 
for new applicants for the second career training program: 
Provided further, That none of the funds in this Act shall 
be available for the Federal Aviation Administration to fi-
nalize or implement any regulation that would promulgate 
new aviation user fees not specifically authorized by law 
after the date of the enactment of this Act: Provided fur-
ther, That there may be credited to this appropriation as 
offsetting collections funds received from States, counties, 
municipalities, foreign authorities, other public authori-
ties, and private sources for expenses incurred in the pro-
vision of agency services, including receipts for the mainte-
nance and operation of air navigation facilities, and for 
issuance, renewal or modification of certificates, including 
airman, aircraft, and repair station certificates, or for 
tests related thereto, or for processing major repair or al-
teration forms: Provided further, That of the funds appro-
priated under this heading, not less than $9,500,000 shall 
be for the contract tower cost-sharing program: Provided 
further, That none of the funds in this Act for aeronautical 
charting and cartography are available for activities con-
ducted by, or coordinated through, the Working Capital 
Fund. 
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•AMDT. NO. 4805 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, 
for acquisition, establishment, technical support services, 
improvement by contract or purchase, and hire of national 
airspace systems and experimental facilities and equip-
ment, as authorized under part A of subtitle VII of title 
49, United States Code, including initial acquisition of 
necessary sites by lease or grant; engineering and service 
testing, including construction of test facilities and acqui-
sition of necessary sites by lease or grant; construction 
and furnishing of quarters and related accommodations 
for officers and employees of the Federal Aviation Admin-
istration stationed at remote localities where such accom-
modations are not available; and the purchase, lease, or 
transfer of aircraft from funds available under this head-
ing, including aircraft for aviation regulation and certifi-
cation; to be derived from the Airport and Airway Trust 
Fund, $2,990,000,000, of which $2,508,000,000 shall re-
main available until September 30, 2013, and of which 
$482,000,000 shall remain available until September 30, 
2011: Provided, That of the funds provided under this 
heading, $25,000,000 is available for next generation air 
transportation equipage: Provided further, That the Sec-
retary of Transportation shall use existing authorities to 
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1474 
•AMDT. NO. 4805 
distribute funds made available for next generation air 
transportation equipage under the previous proviso to air 
carriers, other certificate holders, and avionics manufac-
turers, or a collaboration among such entities, on a com-
petitive basis for projects that will demonstrate significant 
benefits to the public, aviation industry or aircraft opera-
tors, and take such measures so as to give priority to 
maximizing the anticipated public benefit and participant 
contribution: Provided further, That the Federal share of 
the costs for which an expenditure is made for next gen-
eration transportation equipage shall not exceed 80 per-
cent of the total cost of the proposed equipage program: 
Provided further, That there may be credited to this appro-
priation funds received from States, counties, municipali-
ties, other public authorities, and private sources, for ex-
penses incurred in the establishment, improvement, and 
modernization of national airspace systems: Provided fur-
ther, That upon initial submission to the Congress of the 
fiscal year 2012 President’s budget, the Secretary of 
Transportation shall transmit to the Congress a com-
prehensive capital investment plan for the Federal Avia-
tion Administration which includes funding for each budg-
et line item for fiscal years 2012 through 2016, with total 
funding for each year of the plan constrained to the fund-
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1475 
•AMDT. NO. 4805 
ing targets for those years as estimated and approved by 
the Office of Management and Budget. 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, 
for research, engineering, and development, as authorized 
under part A of subtitle VII of title 49, United States 
Code, including construction of experimental facilities and 
acquisition of necessary sites by lease or grant, 
$198,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until September 30, 
2013: Provided, That there may be credited to this appro-
priation as offsetting collections, funds received from 
States, counties, municipalities, other public authorities, 
and private sources, which shall be available for expenses 
incurred for research, engineering, and development. 
GRANTS-IN-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(AIRPORT AND AIRWAY TRUST FUND) 
For liquidation of obligations incurred for grants-in- 
aid for airport planning and development, and noise com-
patibility planning and programs as authorized under sub-
chapter I of chapter 471 and subchapter I of chapter 475 
of title 49, United States Code, and under other law au-
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•AMDT. NO. 4805 
thorizing such obligations; for procurement, installation, 
and commissioning of runway incursion prevention devices 
and systems at airports of such title; for grants authorized 
under section 41743 of title 49, United States Code; and 
for inspection activities and administration of airport safe-
ty programs, including those related to airport operating 
certificates under section 44706 of title 49, United States 
Code, $3,550,000,000 to be derived from the Airport and 
Airway Trust Fund and to remain available until ex-
pended: Provided, That none of the funds under this head-
ing shall be available for the planning or execution of pro-
grams the obligations for which are in excess of 
$3,515,000,000 in fiscal year 2011, notwithstanding sec-
tion 47117(g) of title 49, United States Code: Provided 
further, That none of the funds under this heading shall 
be available for the replacement of baggage conveyor sys-
tems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk ex-
plosive detection systems: Provided further, That notwith-
standing any other provision of law, of funds limited under 
this heading, not more than $99,622,000 shall be obli-
gated for administration, not less than $15,000,000 shall 
be available for the airport cooperative research program, 
not less than $27,217,000 shall be for Airport Technology 
Research. 
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•AMDT. NO. 4805 
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION 
ADMINISTRATION 
SEC. 110. None of the funds in this Act may be used 
to compensate in excess of 600 technical staff-years under 
the federally funded research and development center con-
tract between the Federal Aviation Administration and the 
Center for Advanced Aviation Systems Development dur-
ing fiscal year 2011. 
SEC. 111. None of the funds in this Act shall be used 
to pursue or adopt guidelines or regulations requiring air-
port sponsors to provide to the Federal Aviation Adminis-
tration without cost building construction, maintenance, 
utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air 
navigation, or weather reporting: Provided, That the pro-
hibition of funds in this section does not apply to negotia-
tions between the agency and airport sponsors to achieve 
agreement on ‘‘below-market’’ rates for these items or to 
grant assurances that require airport sponsors to provide 
land without cost to the FAA for air traffic control facili-
ties. 
SEC. 112. The Administrator of the Federal Aviation 
Administration may reimburse amounts made available to 
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 
49 U.S.C. 45303: Provided, That during fiscal year 2010, 
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•AMDT. NO. 4805 
49 U.S.C. 41742(b) shall not apply, and any amount re-
maining in such account at the close of that fiscal year 
may be made available to satisfy section 41742(a)(1) for 
the subsequent fiscal year. 
SEC. 113. Amounts collected under section 40113(e) 
of title 49, United States Code, shall be credited to the 
appropriation current at the time of collection, to be 
merged with and available for the same purposes of such 
appropriation. 
SEC. 114. None of the funds appropriated or limited 
by this Act may be used to change weight restrictions or 
prior permission rules at Teterboro airport in Teterboro, 
New Jersey. 
SEC. 115. None of the funds limited by this Act for 
grants under the Airport Improvement Program shall be 
made available to the sponsor of a commercial service air-
port if such sponsor fails to agree to a request from the 
Secretary of Transportation for cost-free space in a non-
revenue producing, public use area of the airport terminal 
or other airport facilities for the purpose of carrying out 
a public service air passenger rights and consumer out-
reach campaign. 
SEC. 116. None of the funds in this Act shall be avail-
able for paying premium pay under subsection 5546(a) of 
title 5, United States Code, to any Federal Aviation Ad-
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•AMDT. NO. 4805 
ministration employee unless such employee actually per-
formed work during the time corresponding to such pre-
mium pay. 
SEC. 117. None of the funds in this Act may be obli-
gated or expended for an employee of the Federal Aviation 
Administration to purchase a store gift card or gift certifi-
cate through use of a Government-issued credit card. 
SEC. 118. The Secretary shall apportion to the spon-
sor of an airport that received scheduled or unscheduled 
air service from a large certified air carrier (as defined 
in part 241 of title 14 Code of Federal Regulations, or 
such other regulations as may be issued by the Secretary 
under the authority of section 41709) an amount equal 
to the minimum apportionment specified in 49 U.S.C. 
47114(c), if the Secretary determines that airport had 
more than 10,000 passenger boardings in the preceding 
calendar year, based on data submitted to the Secretary 
under part 241 of title 14, Code of Federal Regulations. 
SEC. 119. None of the funds in this Act may be obli-
gated or expended for retention bonuses for an employee 
of the Federal Aviation Administration without the prior 
written approval of the Deputy Assistant Secretary for 
Administration of the Department of Transportation. 
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•AMDT. NO. 4805 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed $420,843,000, together with advances 
and reimbursements received by the Federal Highway Ad-
ministration, shall be paid in accordance with law from 
appropriations made available by this Act to the Federal 
Highway Administration for necessary expenses for ad-
ministration and operation. In addition, not to exceed 
$3,300,000 shall be paid from appropriations made avail-
able by this Act and transferred to the Appalachian Re-
gional Commission in accordance with section 104 of title 
23, United States Code. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for 
the implementation or execution of programs, the obliga-
tions for which are in excess of $41,776,000,000 for Fed-
eral-aid highways and highway safety construction pro-
grams for fiscal year 2011: Provided, That within the 
$41,776,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not 
more than $429,800,000 shall be available for the imple-
mentation or execution of programs for transportation re-
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•AMDT. NO. 4805 
search (chapter 5 of title 23, United States Code; sections 
111, 5505, and 5506 of title 49, United States Code; and 
title 5 of Public Law 109–59) for fiscal year 2011: Pro-
vided further, That this limitation on transportation re-
search programs shall not apply to any authority pre-
viously made available for obligation: Provided further, 
That the Secretary may, as authorized by section 605(b) 
of title 23, United States Code, collect and spend fees to 
cover the costs of services of expert firms, including coun-
sel, in the field of municipal and project finance to assist 
in the underwriting and servicing of Federal credit instru-
ments and all or a portion of the costs to the Federal Gov-
ernment of servicing such credit instruments: Provided 
further, That such fees are available until expended to pay 
for such costs: Provided further, That such amounts are 
in addition to administrative expenses that are also avail-
able for such purpose, and are not subject to any obliga-
tion limitation or the limitation on administrative expenses 
under section 608 of title 23, United States Code. 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For carrying out the provisions of title 23, United 
States Code, that are attributable to Federal-aid high-
ways, not otherwise provided, including reimbursement for 
sums expended pursuant to the provisions of 23 U.S.C. 
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•AMDT. NO. 4805 
308, $42,515,000,000 or so much thereof as may be avail-
able in and derived from the Highway Trust Fund (other 
than the Mass Transit Account), to remain available until 
expended. 
(RESCISSION OF UNOBLIGATED BALANCES) 
(HIGHWAY TRUST FUND) 
Unobligated balances of funds made available for ob-
ligation under 23 U.S.C. 320, section 147 of Public Law 
95–599, section 9(c) of Public Law 97–134, section 149 
of Public Law 100–17, and sections 1006, 1069, 1103, 
1104, 1105, 1106, 1107, 1108, 6005, 6015, and 6023 of 
Public Law 102–240 are permanently rescinded. In addi-
tion, the unobligated balance available on September 30, 
2011, under section 1602 of the Transportation Equity 
Act for the 21st Century (Public Law 105–178) for each 
project for which less than 10 percent of the amount au-
thorized for such project under such section has been obli-
gated is permanently rescinded. In addition, of the 
amounts authorized for fiscal years 2005 through 2009 
in section 1101(a)(16) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users 
(Public Law 109–59) to carry out the high priority 
projects program under section 117 of title 23, United 
States Code, that are not allocated for projects described 
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1483 
•AMDT. NO. 4805 
in section 1702 of such Act, $8,190,335 are permanently 
rescinded. 
PLANNING CAPACITY GRANTS 
For activities eligible under sections 134 and 135 of 
title 23, United States Code, and sections 5303 and 5304 
of title 49 of such Code, $100,000,000, to remain available 
through September 30, 2012: Provided, That the Sec-
retary of Transportation shall distribute funds provided 
under this heading as discretionary grants to be awarded 
to a metropolitan planning organization, or to a State, 
local, tribal government, or agency thereof, on a competi-
tive basis for activities that will improve surface transpor-
tation planning: Provided further, That not less than 
$25,000,000 of the funds provided under this heading 
shall be for grants that improve planning for rural areas: 
Provided further, That up to $12,000,000 of the funds 
provided under this heading may be for grants that im-
prove public involvement in surface transportation plan-
ning: Provided further, That a grant funded under this 
heading shall be not greater than $5,000,000: Provided 
further, That the Federal share of the costs for which an 
expenditure is made under this heading shall be 80 per-
cent: Provided further, That the Secretary may retain up 
to 1 percent of the funds provided under this section to 
fund the award and oversight of grants made under this 
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•AMDT. NO. 4805 
heading: Provided further, That of the funds retained 
under the previous proviso, 50 percent shall be available 
to the Federal Highway Administration and 50 percent 
shall be transferred to the Federal Transit Administra-
tion. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
(INCLUDING RESCISSIONS) 
SEC. 120. (a) For fiscal year 2011, the Secretary of 
Transportation shall— 
(1) not distribute from the obligation limitation 
for Federal-aid highways amounts authorized for ad-
ministrative expenses and programs by section 
104(a) of title 23, United States Code; programs 
funded from the administrative takedown authorized 
by section 104(a)(1) of title 23, United States Code 
(as in effect on the date before the date of enact-
ment of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users); the 
highway use tax evasion program; and the Bureau of 
Transportation Statistics; 
(2) not distribute an amount from the obliga-
tion limitation for Federal-aid highways that is equal 
to the unobligated balance of amounts made avail-
able from the Highway Trust Fund (other than the 
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•AMDT. NO. 4805 
Mass Transit Account) for Federal-aid highways and 
highway safety programs for previous fiscal years 
the funds for which are allocated by the Secretary; 
(3) determine the ratio that— 
(A) the obligation limitation for Federal- 
aid highways, less the aggregate of amounts not 
distributed under paragraphs (1) and (2), bears 
to 
(B) the total of the sums authorized to be 
appropriated for Federal-aid highways and 
highway safety construction programs (other 
than sums authorized to be appropriated for 
provisions of law described in paragraphs (1) 
through (9) of subsection (b) and sums author-
ized to be appropriated for section 105 of title 
23, United States Code, equal to the amount 
referred to in subsection (b)(10) for such fiscal 
year), less the aggregate of the amounts not 
distributed under paragraphs (1) and (2) of 
this subsection; 
(4)(A) distribute the obligation limitation for 
Federal-aid highways, less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
sections 1301, 1302, and 1934 of the Safe, Account-
able, Flexible, Efficient Transportation Equity Act: 
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•AMDT. NO. 4805 
A Legacy for Users; sections 117 (but individually 
for each project numbered 1 through 3676 listed in 
the table contained in section 1702 of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users) and section 144(g) of title 
23, United States Code; and section 14501 of title 
40, United States Code, so that the amount of obli-
gation authority available for each of such sections 
is equal to the amount determined by multiplying 
the ratio determined under paragraph (3) by the 
sums authorized to be appropriated for that section 
for the fiscal year; and 
(B) distribute $2,000,000,000 for section 105 
of title 23, United States Code; 
(5) distribute the obligation limitation provided 
for 
Federal-aid 
highways, 
less 
the 
aggregate 
amounts not distributed under paragraphs (1) and 
(2) and amounts distributed under paragraph (4), 
for each of the programs that are allocated by the 
Secretary under the Safe, Accountable, Flexible, Ef-
ficient Transportation Equity Act: A Legacy for 
Users and title 23, United States Code (other than 
to programs to which paragraphs (1) and (4) apply), 
by multiplying the ratio determined under paragraph 
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•AMDT. NO. 4805 
(3) by the amounts authorized to be appropriated 
for each such program for such fiscal year; and 
(6) distribute the obligation limitation provided 
for 
Federal-aid 
highways, 
less 
the 
aggregate 
amounts not distributed under paragraphs (1) and 
(2) and amounts distributed under paragraphs (4) 
and (5), for Federal-aid highways and highway safe-
ty construction programs (other than the amounts 
apportioned for the equity bonus program, but only 
to the extent that the amounts apportioned for the 
equity bonus program for the fiscal year are greater 
than $2,639,000,000, and the Appalachian develop-
ment highway system program) that are apportioned 
by the Secretary under the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy 
for Users and title 23, United States Code, in the 
ratio that— 
(A) amounts authorized to be appropriated 
for such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the amounts authorized to 
be appropriated for such programs that are ap-
portioned to all States for such fiscal year. 
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 
The obligation limitation for Federal-aid highways shall 
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•AMDT. NO. 4805 
not apply to obligations: (1) under section 125 of title 23, 
United States Code; (2) under section 147 of the Surface 
Transportation Assistance Act of 1978; (3) under section 
9 of the Federal-Aid Highway Act of 1981; (4) under sub-
sections (b) and (j) of section 131 of the Surface Trans-
portation Assistance Act of 1982; (5) under subsections 
(b) and (c) of section 149 of the Surface Transportation 
and Uniform Relocation Assistance Act of 1987; (6) under 
sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991; (7) under section 
157 of title 23, United States Code, as in effect on the 
day before the date of the enactment of the Transpor-
tation Equity Act for the 21st Century; (8) under section 
105 of title 23, United States Code, as in effect for fiscal 
years 1998 through 2004, but only in an amount equal 
to $639,000,000 for each of those fiscal years; (9) for 
Federal-aid highway programs for which obligation au-
thority was made available under the Transportation Eq-
uity Act for the 21st Century or subsequent public laws 
for multiple years or to remain available until used, but 
only to the extent that the obligation authority has not 
lapsed or been used; (10) under section 105 of title 23, 
United States Code, but only in an amount equal to 
$639,000,000 for each of fiscal years 2005 through 2011; 
and (11) under section 1603 of the Safe, Accountable, 
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•AMDT. NO. 4805 
Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, to the extent that funds obligated in accordance 
with that section were not subject to a limitation on obli-
gations at the time at which the funds were initially made 
available for obligation. 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year, revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if the amount distributed cannot be obligated 
during that fiscal year and redistribute sufficient amounts 
to those States able to obligate amounts in addition to 
those previously distributed during that fiscal year, giving 
priority to those States having large unobligated balances 
of funds apportioned under sections 104 and 144 of title 
23, United States Code. 
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.—The obliga-
tion limitation shall apply to transportation research pro-
grams carried out under chapter 5 of title 23, United 
States Code, and title V (research title) of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users, except that obligation authority made 
available for such programs under such limitation shall re-
main available for a period of 3 fiscal years and shall be 
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•AMDT. NO. 4805 
in addition to the amount of any limitation imposed on 
obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years. 
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the distribution of obligation limitation 
under subsection (a), the Secretary shall distribute 
to the States any funds that— 
(A) are authorized to be appropriated for 
such fiscal year for Federal-aid highways pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States, and will not be available 
for obligation, in such fiscal year due to the im-
position of any obligation limitation for such 
fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (a)(6). 
(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purposes de-
scribed in section 133(b) of title 23, United States 
Code. 
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•AMDT. NO. 4805 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obli-
gation limitation distributed for a fiscal year under sub-
section (a)(4) for the provision specified in subsection 
(a)(4) shall— 
(1) remain available until used for obligation of 
funds for that provision; and 
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway 
and highway safety construction programs for future 
fiscal years. 
(g) HIGH PRIORITY PROJECT FLEXIBILITY.— 
(1) IN GENERAL.—Subject to paragraph (2), 
obligation authority distributed for such fiscal year 
under subsection (a)(4) for each project numbered 1 
through 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users may 
be obligated for any other project in such section in 
the same State. 
(2) RESTORATION.—Obligation authority used 
as described in paragraph (1) shall be restored to 
the original purpose on the date on which obligation 
authority is distributed under this section for the 
next fiscal year following obligation under paragraph 
(1). 
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•AMDT. NO. 4805 
(h) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to limit the dis-
tribution of obligation authority under subsection 
(a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users. 
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the 
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal- 
aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall 
be subject to the obligation limitation for Federal-aid 
highways and highway safety construction. 
SEC. 122. Not less than 15 days prior to waiving, 
under his statutory authority, any Buy America require-
ment for Federal-aid highway projects, the Secretary of 
Transportation shall make an informal public notice and 
comment opportunity on the intent to issue such waiver 
and the reasons therefor: Provided, That the Secretary 
shall provide an annual report to the Appropriations Com-
mittees of the Congress on any waivers granted under the 
Buy America requirements. 
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•AMDT. NO. 4805 
SEC. 123. (a) IN GENERAL.—Except as provided in 
subsection (b), none of the funds made available, limited, 
or otherwise affected by this Act shall be used to approve 
or otherwise authorize the imposition of any toll on any 
segment of highway located on the Federal-aid system in 
the State of Texas that— 
(1) as of the date of enactment of this Act, is 
not tolled; 
(2) is constructed with Federal assistance pro-
vided under title 23, United States Code; and 
(3) is in actual operation as of the date of en-
actment of this Act. 
(b) EXCEPTIONS.— 
(1) NUMBER OF TOLL LANES.—Subsection (a) 
shall not apply to any segment of highway on the 
Federal-aid system described in that subsection that, 
as of the date on which a toll is imposed on the seg-
ment, will have the same number of nontoll lanes as 
were in existence prior to that date. 
(2) HIGH-OCCUPANCY
VEHICLE
LANES.—A 
high-occupancy vehicle lane that is converted to a 
toll lane shall not be subject to this section, and 
shall not be considered to be a nontoll lane for pur-
poses of determining whether a highway will have 
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•AMDT. NO. 4805 
fewer nontoll lanes than prior to the date of imposi-
tion of the toll, if— 
(A) high-occupancy vehicles occupied by 
the number of passengers specified by the enti-
ty operating the toll lane may use the toll lane 
without paying a toll, unless otherwise specified 
by the appropriate county, town, municipal or 
other local government entity, or public toll 
road or transit authority; or 
(B) each high-occupancy vehicle lane that 
was converted to a toll lane was constructed as 
a temporary lane to be replaced by a toll lane 
under a plan approved by the appropriate coun-
ty, town, municipal or other local government 
entity, or public toll road or transit authority. 
SEC. 124. There is hereby appropriated to the Sec-
retary of Transportation for the necessary expenses of cer-
tain highway and surface transportation projects, 
$226,860,000, to remain available until expended: Pro-
vided, That the amount provided by this section shall be 
made available for the programs, projects, and activities 
identified under this section in the Committee report ac-
companying this Act: Provided further, That funds pro-
vided by this section, at the request of a State, shall be 
transferred by the Secretary of Transportation to another 
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•AMDT. NO. 4805 
Federal agency: Provided further, That the Federal share 
payable on account of any program, project, or activity 
carried out with funds provided under this section shall 
be 100 percent: Provided further, That none of the funds 
set aside by this section shall be subject to any limitation 
on obligations for Federal-aid highways and highway safe-
ty construction programs set forth in this Act or any other 
Act. 
SEC. 125. Of the unobligated balances made available 
under Public Law 101–516, Public Law 102–143, Public 
Law 103–331, and Public Law 106–346, $33,905,809 are 
rescinded: Provided, That in administering the rescission 
required under this section, the Secretary of Transpor-
tation shall first consider: (1) projects where the des-
ignated purpose has been completed and the remaining 
funds are no longer needed to meet that purpose; and (2) 
projects with more than 90 percent of the appropriated 
amount remaining available for obligation. 
SEC. 126. Of the amounts made available for ‘‘High-
way Related Safety Grants’’ by section 402 of title 23, 
United States Code, and administered by the Federal 
Highway Administration, $3,651 in unobligated balances 
are rescinded. 
SEC. 127. For the Capitol Street Renaissance Project 
transportation improvements, MS; the Interstate 55 Inter-
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•AMDT. NO. 4805 
change Lighting, MS; the Jonestown Bypass, MS; and the 
Statesman Boulevard and Trail, MS; as listed under the 
heading Delta Region Transportation Development Pro-
gram in the explanatory statement accompanying the Con-
solidated Appropriations Act, 2010 (Public Law 111– 
117), $901,018, to remain available until expended: Pro-
vided, That the amount provided under this section shall 
be distributed among the listed projects in proportion to 
the listed dollar amount of each such project so that each 
project so listed be funded at an amount not to exceed 
93.5 percent of the amount so authorized: Provided fur-
ther, That the funds provided under this section shall be 
administered in the same manner as the funds authorized 
under section 1308 of the Safe, Accountable, Flexible, Ef-
ficient Transportation Equity Act: A Legacy for Users 
(Public Law 109–59): Provided further, That none of the 
funds provided under this section shall be subject to any 
limitation on obligations for Federal-aid highways and 
highway safety construction programs set forth in this Act 
or any other Act. 
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•AMDT. NO. 4805 
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in the implemen-
tation, execution and administration of motor carrier safe-
ty operations and programs pursuant to section 31104(i) 
of title 49, United States Code, and sections 4127 and 
4134 of Public Law 109–59, $252,553,000, to be derived 
from the Highway Trust Fund (other than the Mass Tran-
sit Account), together with advances and reimbursements 
received by the Federal Motor Carrier Safety Administra-
tion, the sum of which shall remain available until ex-
pended: Provided, That none of the funds derived from 
the Highway Trust Fund in this Act shall be available for 
the implementation, execution or administration of pro-
grams, the obligations for which are in excess of 
$252,553,000, for ‘‘Motor Carrier Safety Operations and 
Programs’’ of which $8,586,000, to remain available for 
obligation until September 30, 2013, is for the research 
and technology program and $1,000,000 shall be available 
for commercial motor vehicle operator’s grants to carry 
out section 4134 of Public Law 109–59: Provided further, 
That an additional $7,325,000 shall be appropriated from 
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•AMDT. NO. 4805 
the Highway Trust Fund for the execution and adminis-
tration of information management operations and pro-
grams: Provided further, That notwithstanding any other 
provision of law, none of the funds under this heading for 
outreach and education shall be available for transfer: Pro-
vided further, That the Federal Motor Carrier Safety Ad-
ministration shall transmit to Congress a report on March 
30, 2011, and September 30, 2011, on the agency’s ability 
to meet its requirement to conduct compliance reviews on 
high-risk carriers. 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
(INCLUDING RESCISSION) 
For payment of obligations incurred in carrying out 
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 
31313 of title 49, United States Code, and sections 4126 
and 4128 of Public Law 109–59, $310,070,000, to be de-
rived from the Highway Trust Fund (other than the Mass 
Transit Account) and to remain available until expended: 
Provided, That none of the funds in this Act shall be avail-
able for the implementation or execution of programs, the 
obligations for which are in excess of $310,070,000, for 
‘‘Motor Carrier Safety Grants’’; of which $212,070,000 
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•AMDT. NO. 4805 
shall be available for the motor carrier safety assistance 
program to carry out sections 31102 and 31104(a) of title 
49, United States Code; $25,000,000 shall be available for 
the commercial driver’s license improvements program to 
carry out section 31313 of title 49, United States Code; 
$32,000,000 shall be available for the border enforcement 
grants program to carry out section 31107 of title 49, 
United States Code; $5,000,000 shall be available for the 
performance and registration information system manage-
ment program to carry out sections 31106(b) and 31109 
of title 49, United States Code; $25,000,000 shall be 
available for the commercial vehicle information systems 
and networks deployment program to carry out section 
4126 of Public Law 109–59; $3,000,000 shall be available 
for the safety data improvement program to carry out sec-
tion 4128 of Public Law 109–59; and $8,000,000 shall 
be available for the commercial driver’s license information 
system modernization program to carry out section 
31309(e) of title 49, United States Code: Provided further, 
That of the funds made available for the motor carrier 
safety assistance program, $32,000,000 shall be available 
for audits of new entrant motor carriers: Provided further, 
That of the amount made available under this heading for 
the commercial driver’s license information system mod-
ernization program, $3,000,000 shall be made available 
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•AMDT. NO. 4805 
for audits of new entrant motor carriers to carry out sec-
tion 4107(b) of Public Law 109–59, and 31104(a) of title 
49, United States Code, and $5,000,000 shall be made 
available for the commercial driver’s license improvements 
program to carry out section 31313 of title 49, United 
States Code: Provided further, That $30,569,000 in unob-
ligated balances are permanently rescinded. 
MOTOR CARRIER SAFETY 
(HIGHWAY TRUST FUND) 
(RESCISSION) 
Of the amounts made available under this heading 
in prior appropriations Acts, $7,330,000 in unobligated 
balances are permanently rescinded. 
NATIONAL MOTOR CARRIER SAFETY PROGRAM 
(HIGHWAY TRUST FUND) 
(RESCISSION) 
Of the amounts made available under this heading 
in prior appropriations Acts, $15,076,000 in unobligated 
balances are permanently rescinded. 
ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER 
SAFETY ADMINISTRATION 
SEC. 135. Funds appropriated or limited in this Act 
shall be subject to the terms and conditions stipulated in 
section 350 of Public Law 107–87 and section 6901 of 
Public Law 110–28, including that the Secretary submit 
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•AMDT. NO. 4805 
a report to the House and Senate Appropriations Commit-
tees annually on the safety and security of transportation 
into the United States by Mexico-domiciled motor carriers. 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of 
the Secretary, with respect to traffic and highway safety 
under subtitle C of title X of Public Law 109–59 and 
chapter 301 and part C of subtitle VI of title 49, United 
States Code, $163,177,000, of which $44,945,000 shall 
remain available through September 30, 2012: Provided, 
That none of the funds appropriated by this Act may be 
obligated or expended to plan, finalize, or implement any 
rulemaking to add to section 575.104 of title 49 of the 
Code of Federal Regulations any requirement pertaining 
to a grading standard that is different from the three 
grading standards (treadwear, traction, and temperature 
resistance) already in effect. 
OPERATIONS AND RESEARCH 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 403, $110,073,000 to be de-
rived from the Highway Trust Fund (other than the Mass 
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•AMDT. NO. 4805 
Transit Account) and to remain available until expended: 
Provided, That none of the funds in this Act shall be avail-
able for the planning or execution of programs the total 
obligations for which, in fiscal year 2011, are in excess 
of $110,073,000 for programs authorized under 23 U.S.C. 
403: Provided further, That within the $110,073,000 obli-
gation limitation for operations and research, $29,737,000 
shall remain available until September 30, 2012 and shall 
be in addition to the amount of any limitation imposed 
on obligations for future years. 
NATIONAL DRIVER REGISTER 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
chapter 303 of title 49, United States Code, $4,170,000, 
to be derived from the Highway Trust Fund (other than 
the Mass Transit Account) and to remain available until 
expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of 
programs the total obligations for which, in fiscal year 
2011, are in excess of $4,170,000 for the National Driver 
Register authorized under such chapter. 
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1503 
•AMDT. NO. 4805 
NATIONAL DRIVER REGISTER MODERNIZATION 
For an additional amount for the ‘‘National Driver 
Register’’as authorized by chapter 303 of title 49, United 
States Code, $2,530,000, to remain available through Sep-
tember 30, 2012: Provided, That the funding made avail-
able under this heading shall be used to continue the mod-
ernization of the National Driver Register. 
HIGHWAY TRAFFIC SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 
and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109–59, to remain available until expended, 
$611,828,000 to be derived from the Highway Trust Fund 
(other than the Mass Transit Account): Provided, That 
none of the funds in this Act shall be available for the 
planning or execution of programs the total obligations for 
which, in fiscal year 2011, are in excess of $611,828,000 
for programs authorized under 23 U.S.C. 402, 405, 406, 
408, and 410 and sections 2001(a)(11), 2009, 2010, and 
2011 of Public Law 109–59, of which $235,000,000 shall 
be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402; 
$25,000,000 shall be for ‘‘Occupant Protection Incentive 
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1504 
•AMDT. NO. 4805 
Grants’’ under 23 U.S.C. 405; $110,000,000 shall be for 
‘‘Safety Belt Performance Grants’’ under 23 U.S.C. 406, 
and such obligation limitation shall remain available until 
September 30, 2012 in accordance with subsection (f) of 
such section 406 and shall be in addition to the amount 
of any limitation imposed on obligations for such grants 
for future fiscal years, of which up to $50,000,000 may 
be made available by the Secretary as grants to States 
that enact and enforce laws to prevent distracted driving; 
$34,500,000 shall be for ‘‘State Traffic Safety Informa-
tion System Improvements’’ under 23 U.S.C. 408; 
$139,000,000 shall be for ‘‘Alcohol-Impaired Driving 
Countermeasures Incentive Grant Program’’ under 23 
U.S.C. 410; $25,328,000 shall be for ‘‘Administrative Ex-
penses’’ under section 2001(a)(11) of Public Law 109– 
59; $29,000,000 shall be for ‘‘High Visibility Enforcement 
Program’’ under section 2009 of Public Law 109–59; 
$7,000,000 shall be for ‘‘Motorcyclist Safety’’ under sec-
tion 2010 of Public Law 109–59; and $7,000,000 shall 
be for ‘‘Child Safety and Child Booster Seat Safety Incen-
tive Grants’’ under section 2011 of Public Law 109–59: 
Provided further, That of the funds made available for 
grants to States that enact and enforce laws to prevent 
distracted driving, up to $5,000,000 may be available for 
the development, production, and use of broadcast and 
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1505 
•AMDT. NO. 4805 
print media advertising for distracted driving prevention: 
Provided further, That none of these funds shall be used 
for construction, rehabilitation, or remodeling costs, or for 
office furnishings and fixtures for State, local or private 
buildings or structures: Provided further, That not to ex-
ceed $500,000 of the funds made available for section 410 
‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 
shall be available for technical assistance to the States: 
Provided further, That not to exceed $750,000 of the 
funds made available for the ‘‘High Visibility Enforcement 
Program’’ shall be available for the evaluation required 
under section 2009(f) of Public Law 109–59. 
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 
TRAFFIC SAFETY ADMINISTRATION 
(INCLUDING RESCISSIONS) 
SEC. 140. Notwithstanding any other provision of law 
or limitation on the use of funds made available under 
section 403 of title 23, United States Code, an additional 
$130,000 shall be made available to the National Highway 
Traffic Safety Administration, out of the amount limited 
for section 402 of title 23, United States Code, to pay 
for travel and related expenses for State management re-
views and to pay for core competency development train-
ing and related expenses for highway safety staff. 
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1506 
•AMDT. NO. 4805 
SEC. 141. The limitations on obligations for the pro-
grams of the National Highway Traffic Safety Adminis-
tration set in this Act shall not apply to obligations for 
which obligation authority was made available in previous 
public laws for multiple years but only to the extent that 
the obligation authority has not lapsed or been used. 
SEC. 142. Of the amounts available for the Consumer 
Assistance to Recycle and Save Program, $16,000,000 in 
unobligated balances are rescinded. 
SEC. 143. Of the amounts made available under the 
heading ‘‘National Driver Register (Liquidation of Con-
tract Authorization) (Limitation on Obligations) (High-
way Trust Fund)’’ in prior appropriations Acts, $24,000 
in unobligated balances are permanently rescinded. 
SEC. 144. Of the amounts made available under the 
heading ‘‘Highway Traffic Safety Grants (Liquidation of 
Contract Authorization) (Limitation on Obligations) 
(Highway Trust Fund)’’ in prior appropriations Acts, 
$78,847,000 in unobligated balances are permanently re-
scinded. 
FEDERAL RAILROAD ADMINISTRATION 
SAFETY AND OPERATIONS 
For necessary expenses of the Federal Railroad Ad-
ministration, not otherwise provided for, $203,348,000, of 
which $8,380,000 shall remain available through Sep-
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1523 
•AMDT. NO. 4805 
United States Merchant Marine Academy, and of which 
$63,420,000 shall be available for operations at the 
United States Merchant Marine Academy, and of which 
$6,000,000 shall be available until expended for the Sec-
retary’s reimbursement of overcharged midshipmen fees 
for academic years 2003–2004 through 2008–2009 and 
such action shall be final and conclusive: Provided, That 
amounts apportioned for the United States Merchant Ma-
rine Academy shall be available only upon allotments made 
personally by the Secretary of Transportation or the As-
sistant Secretary for Budget and Programs: Provided fur-
ther, That the Superintendent, Deputy Superintendent 
and the Director of the Office of Resource Management 
of the United States Merchant Marine Academy may not 
be allotment holders for the United States Merchant Ma-
rine Academy, and the Administrator of the Maritime Ad-
ministration shall hold all allotments made by the Sec-
retary of Transportation or the Assistant Secretary for 
Budget and Programs under the previous proviso: Pro-
vided further, That 50 percent of the funding made avail-
able for the United States Merchant Marine Academy 
under this heading shall be available only after the Sec-
retary, in consultation with the Superintendent and the 
Maritime Administrator, completes a plan detailing by 
program or activity how such funding will be expended at 
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1535 
•AMDT. NO. 4805 
to the transfer of any such recovery to an ap-
propriations account, the Secretary shall notify 
to the House and Senate Committees on Appro-
priations of the amount and reasons for such 
transfer: Provided further, That for purposes of 
this section, the term ‘‘improper payments’’, 
has the same meaning as that provided in sec-
tion 2(d)(2) of Public Law 107–300. 
SEC. 191. Notwithstanding any other provision of 
law, if any funds provided in or limited by this Act are 
subject to a reprogramming action that requires notice to 
be provided to the House and Senate Committees on Ap-
propriations, said reprogramming action shall be approved 
or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other 
congressional committees of the action of the Committees 
on Appropriations on such reprogramming but not sooner 
than 30 days following the date on which the reprogram-
ming action has been approved or denied by the House 
and Senate Committees on Appropriations. 
SEC. 192. None of the funds appropriated or other-
wise made available under this Act may be used by the 
Surface Transportation Board of the Department of 
Transportation to charge or collect any filing fee for rate 
or practice complaints filed with the Board in an amount 
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