S.Amdt. 4805Senate111th Congress (2009-2011)
S.Amdt. 4805
Sponsored by 
Sen. Daniel K. Inouye (D-HI)
Sen. Daniel K. Inouye (D-HI)Submitted December 14, 2010
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
SA 4805. Mr. INOUYE submitted an amendment intended to be proposed to
the House amendment to the Senate amendment to H.R. 3082, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2010, and for other purposes; which was ordered to lie on the table.
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Emergency designation.
Sec. 6. Statement of appropriations.
Sec. 7. Federal civilian pay freeze.
Sec. 8. Transfer authority.
Sec. 9. Rescission of certain Federal expenses.
Sec. 10. Limitation on award of certain specific projects.
Sec. 11. Iran sanctions.
Sec. 12. Detainee transfer restrictions.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Food and Drug Administration and Farm Credit Administration
Title VII--General provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related agencies
Title V--General provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations
DIVISION D--ENERGY AND WATER DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent agencies
Title V--General provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2011
Title I--Department of the Treasury
Title II--Executive Office of the President and funds appropriated to
the President
Title III--The judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2011
Title I--Departmental management and aperations
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related agencies
Title IV--General provisions
Title V--Sacramento-San Joaquin Delta National Heritage Area
Title VI--National Women's History Museum Act of 2009
Title VII--Montana forests
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
Title V--General provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2011
Title I--Legislative branch
Title II--General provisions
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2011
Title I--Department of State and related agency
Title II--United States Agency for International Development
Title III--Bilateral economic assistance
Title IV--International security assistance
Title V--Multilateral assistance
Title VI--Export and investment assistance
Title VII--General provisions
[[Page S9026]]
DIVISION L--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2011
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related agencies
Title IV--General provisions--This Act
Title V--Extension of current surface transportation programs
Title VI--Extension of aviation programs
DIVISION M--FOOD SAFETY
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this legislation,
printed in the Senate section of the Congressional Record on
or about December 14, 2010 by the Chairman of the Committee
on Appropriations of the Senate, shall have the same effect
with respect to the allocation of funds and implementation of
this Act as if it were a joint explanatory statement of a
committee of conference.
SEC. 5. EMERGENCY DESIGNATION.
Any designation in any division of this Act referring to
this section is a designation of an amount as an emergency
requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
SEC. 6. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2011.
SEC. 7. FEDERAL CIVILIAN PAY FREEZE.
(a) For the purposes of this section--
(1) the term ``employee''--
(A) means an employee as defined in section 2105 of title
5, United States Code; and
(B) includes an individual to whom subsection (b), (c), or
(f) of such section 2105 pertains (whether or not such
individual satisfies subparagraph (A));
(2) the term ``senior executive'' means--
(A) a member of the Senior Executive Service under
subchapter VIII of chapter 53 of title 5, United States Code;
(B) a member of the FBI-DEA Senior Executive Service under
subchapter III of chapter 31 of title 5, United States Code;
(C) a member of the Senior Foreign Service under chapter 4
of title I of the Foreign Service Act of 1980 (22 U.S.C. 3961
and following); and
(D) a member of any similar senior executive service in an
Executive agency;
(3) the term ``senior-level employee'' means an employee
who holds a position in an Executive agency and who is
covered by section 5376 of title 5, United States Code, or
any similar authority; and
(4) the term ``Executive agency'' has the meaning given
such term by section 105 of title 5, United States Code.
(b)(1) Notwithstanding any other provision of law, except
as provided in subsection (e), no statutory pay adjustment
which (but for this subsection) would otherwise take effect
during the period beginning on January 1, 2011, and ending on
December 31, 2012, shall be made.
(2) For purposes of this subsection, the term ``statutory
pay adjustment'' means--
(A) an adjustment required under section 5303, 5304, 5304a,
5318, or 5343(a) of title 5, United States Code; and
(B) any similar adjustment, required by statute, with
respect to employees in an Executive agency.
(c) Notwithstanding any other provision of law, except as
provided in subsection (e), during the period beginning on
January 1, 2011, and ending on December 31, 2012, no senior
executive or senior-level employee may receive an increase in
his or her rate of basic pay absent a change of position that
results in a substantial increase in responsibility, or a
promotion.
(d) The President may issue guidance that Executive
agencies shall apply in the implementation of this section.
(e) The Non-Foreign Area Retirement Equity Assurance Act of
2009 (5 U.S.C. 5304 note) shall be applied using the
appropriate locality-based comparability payments established
by the President as the applicable comparability payments in
section 1914(2) and (3) of such Act.
SEC. 8. TRANSFER AUTHORITY.
(a) Up to $1,350,000,000 of amounts made available by this
Act or prior year appropriations Acts, shall be available for
transfer by the head of the agency to the extent necessary to
avoid furloughs or reductions in force, or to provide funding
necessary for programs and activities required by law:
Provided, That such transfers may not result in the
termination of programs, projects or activities: Provided
further, That such transfers shall be subject to the approval
of the House and Senate Appropriations Committees.
(b) The authorities provided by subsection (a) of this
section shall be in addition to any other transfer authority
provided elsewhere in this statute.
SEC. 9. RESCISSION OF CERTAIN FEDERAL EXPENSES.
(a)(1) Of the discretionary funds made available to the
agencies of the Federal Government in this Consolidated
Appropriations Act, $1,350,000,000 are hereby rescinded.
(2) Rescissions required by this subsection shall be taken
on a pro rata basis from funds available to every Federal
agency, department, and office in the executive branch for
object class groups 20 (Contractual Services and Supplies)
and 30 (Acquisition of Assets), as used in OMB Circular A-11.
(b)(1) Of the discretionary funds made available to the
agencies of the Federal Government in this Consolidated
Appropriations Act, $2,000,000,000 are hereby rescinded.
(2) Rescissions required by this subsection shall be based
on costs to the executive branch for the budgeted allowance
for the January 2011 civilian pay raise amount described in
section 32.1 of OMB Circular No. A-11 (Revised--November
2009) and requested at 1.4 percent in the 2011 President's
budget submission.
(c) OMB shall administer the rescissions made pursuant to
this section.
(d) Not later than 30 days after the date of the enactment
of this Act, the Director of the Office of Management and
Budget shall submit to the Committees on Appropriations a
listing of the amounts by account of the rescissions made
pursuant to the provisions of subsections (a) and (b),
including an explanation of the methodology used to identify
the offices, accounts, and amounts rescinded.
SEC. 10. LIMITATION ON AWARD OF CERTAIN SPECIFIC PROJECTS.
Specific projects contained in the explanatory statement
accompanying this Act that are considered congressional
earmarks for purposes of clause 9 of rule XXI of the Rules of
the House of Representatives, and are attributed to members
of the House of Representatives in the Disclosure of Earmarks
and Congressionally Directed Spending Items, shall not be
awarded if the entity listed is a for-profit entity.
SEC. 11. IRAN SANCTIONS.
None of the funds appropriated or otherwise made available
by this Act may be obligated by any covered executive agency
in contravention of the certification requirement of section
6(b) of the Iran Sanctions Act of 1996, as included in the
revisions to the Federal Acquisition Regulation pursuant to
such section.
SEC. 12. DETAINEE TRANSFER RESTRICTIONS.
(a) None of the funds made available in this or any prior
Act may be used to transfer, release, or assist in the
transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any
other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
(b) The prohibition under subsection (a) shall terminate on
the earlier of the date of the enactment of an Act
authorizing appropriations for fiscal year 2011 for the
Department of Defense that includes a provision regarding the
release or transfer of detainees held at the United States
Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense, or September 30, 2011.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,338,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.
Office of Tribal Relations
For necessary expenses of the Office of Tribal Relations,
$1,010,000, to support communication and consultation
activities with Federally Recognized Tribes, as well as other
requirements established by law.
healthy food financing initiative
For necessary expenses of the Secretary to carry out
demonstration projects to increase access to healthy foods
through retail outlets, $35,000,000, to remain available
until September 30, 2012, which the Secretary may use for the
cost of grants (including for technical assistance), loans,
and loan guarantees; and may use, not to exceed $1,000,000,
for the Federal administrative costs of carrying out and
evaluating such demonstration projects: Provided, That the
Secretary, to carry out such demonstration projects, may use
one or more consolidated solicitation and application
processes: Provided further, That any funds provided for
under this heading for such demonstration projects shall be
in addition to any other funds that the Secretary may use for
carrying out such projects.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $13,100,000.
national appeals division
For necessary expenses of the National Appeals Division,
$15,417,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,547,000.
office of homeland security
For necessary expenses of the Office of Homeland Security,
$1,876,000.
Office of Advocacy and Outreach
For necessary expenses of the Office of Advocacy and
Outreach, $6,209,000: Provided,
[[Page S9027]]
That $4,000,000 shall be for grants authorized by section
14204 of the Food, Conservation, and Energy Act of 2008.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $61,719,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,632,000: Provided, That no funds made available
by this appropriation may be obligated for FAIR Act or
Circular A-76 activities until the Secretary has submitted to
the Committees on Appropriations of both Houses of Congress
and the Committee on Oversight and Government Reform of the
House of Representatives a report on the Department's
contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $907,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$24,133,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant
Secretary for Administration, $814,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
486, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $261,608,000, to
remain available until expended, of which $178,470,000 shall
be available for payments to the General Services
Administration for rent; of which $13,800,000 for payment to
the Department of Homeland Security for building security
activities; and of which $69,338,000 for buildings operations
and maintenance expenses: Provided, That the Secretary is
authorized to transfer funds from a Departmental agency to
this account to recover the full cost of the space and
security expenses of that agency that are funded by this
account when the actual costs exceed the agency estimate
which will be available for the activities and payments
described herein.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $5,139,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $29,706,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the
Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as
required by 5 U.S.C. 551-558.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the
programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $4,008,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no funds made available by this
appropriation may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the
Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided
further, That no other funds appropriated to the Department
by this Act shall be available to the Department for support
of activities of congressional relations.
Office of Communications
For necessary expenses of the Office of Communications,
$9,839,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978, $94,300,000, including such sums as may be necessary
for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $44,104,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education and Economics, $904,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$83,671,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $161,371,000, of which up to $33,494,000
shall be available until expended for the Census of
Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,199,986,000: Provided, That appropriations hereunder shall
be available for the operation and maintenance of aircraft
and the purchase of not to exceed one for replacement only:
Provided further, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one
building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and
except for 10 buildings to be constructed or improved at a
cost not to exceed $750,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$375,000, whichever is greater: Provided further, That the
limitations on alterations contained in this Act shall not
apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That the
foregoing limitations shall not apply to the purchase of land
from the Maine Farmland Trust, Unity, Maine, for the purpose
of establishing an organic agricultural research program:
Provided further, That appropriations hereunder shall be
available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of
buildings needed to carry out the Act of April 24, 1948 (21
U.S.C. 113a): Provided further, That funds may be received
from any State, other political subdivision, organization, or
individual for the purpose of establishing or operating any
research facility or research project of the Agricultural
Research Service, as authorized by law.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural
research programs of the Department of Agriculture, where not
otherwise provided, $67,966,000, to remain available until
expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $806,495,000, as follows: to carry out
the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$215,000,000; for grants for cooperative forestry research
(16 U.S.C. 582a through a-7), $29,000,000; for payments to
eligible institutions (7 U.S.C. 3222), $49,750,000, provided
that each institution receives no less than $1,000,000; for
special grants (7 U.S.C. 450i(c)), $75,517,000; for
competitive grants on improved pest control (7 U.S.C.
450i(c)), $16,185,000; for competitive grants (7 U.S.C.
450(i)(b)), $288,730,000, to remain available until expended;
for the support of animal health and disease programs (7
U.S.C. 3195), $2,950,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $835,000; for grants for
research pursuant to the Critical Agricultural Materials Act
(7 U.S.C. 178 et seq.), $1,083,000, to remain available until
expended; for the 1994 research grants program for 1994
institutions pursuant to section 536 of Public Law 103-382 (7
U.S.C. 301 note), $1,805,000, to remain available until
expended; for rangeland research grants (7 U.S.C. 3333),
$983,000; for higher education graduate fellowship grants (7
U.S.C. 3152(b)(6)), $3,859,000, to remain available until
expended (7 U.S.C. 2209b); for a program pursuant to section
1415A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3151a), $5,000,000, to
remain available until expended; for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $5,654,000; for a
[[Page S9028]]
higher education multicultural scholars program (7 U.S.C.
3152(b)(5)), $1,241,000, to remain available until expended
(7 U.S.C. 2209b); for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241), $9,619,000;
for competitive grants for the purpose of carrying out all
provisions of 7 U.S.C. 3156 to individual eligible
institutions or consortia of eligible institutions in Alaska
and in Hawaii, with funds awarded equally to each of the
States of Alaska and Hawaii, $3,200,000; for a secondary
agriculture education program and 2-year post-secondary
education (7 U.S.C. 3152(j)), $983,000; for aquaculture
grants (7 U.S.C. 3322), $3,928,000; for sustainable
agriculture research and education (7 U.S.C. 5811),
$15,000,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to institutions eligible to receive funds
under 7 U.S.C. 3221 and 3222, $19,375,000, to remain
available until expended (7 U.S.C. 2209b); for payments to
the 1994 Institutions pursuant to section 534(a)(1) of Public
Law 103-382, $3,342,000; for resident instruction grants for
insular areas under section 1491 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3363), $900,000; for distance education grants for
insular areas under section 1490 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3362), $750,000; for grants to upgrade agriculture and
food sciences facilities and equipment for insular areas
under section 1447B of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b-
2), $750,000; for foreign agricultural scholarship grants
under section 1458(a)(11) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3291(a)), as amended, $500,000; for a new era rural
technology program pursuant to section 1473E of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3319e), $875,000; for a competitive grants
program for farm business management and benchmarking (7
U.S.C. 5925f), $1,250,000; for a competitive grants program
regarding biobased energy (7 U.S.C. 8114), $2,250,000; and
for necessary expenses of Research and Education Activities,
$46,181,000, of which $2,704,000 for the Research, Education,
and Economics Information System and $2,136,000 for the
Electronic Grants Information System, are to remain available
until expended.
hispanic-serving agricultural colleges and universities endowment fund
For the Hispanic-Serving Agricultural Colleges and
Universities Endowment Fund under section 1456 (7 U.S.C.
3243) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, $10,000,000, to remain available
until expended.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $499,376,000, as follows:
payments for cooperative extension work under the Smith-Lever
Act, to be distributed under sections 3(b) and 3(c) of said
Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension
agents, $297,500,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$5,321,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$68,070,000; payments for the pest management program under
section 3(d) of the Act, $9,938,000; payments for the farm
safety program under section 3(d) of the Act, $4,863,000;
payments for New Technologies for Ag Extension under section
3(d) of the Act, $1,750,000; payments to upgrade research,
extension, and teaching facilities at institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222, and payments
to upgrade facilities under 7 U.S.C. 3222b-1, $22,000,000, to
remain available until expended; payments for youth-at-risk
programs under section 3(d) of the Smith-Lever Act,
$8,412,000; for youth farm safety education and certification
extension grants, to be awarded competitively under section
3(d) of the Act, $486,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978
(16 U.S.C. 1671 et seq.), $4,068,000; payments for the
federally recognized Tribes Extension Program under section
3(d) of the Smith-Lever Act, $3,750,000; payments for
sustainable agriculture programs under section 3(d) of the
Act, $5,000,000; payments for rural health and safety
education as authorized by section 502(i) of Public Law 92-
419 (7 U.S.C. 2662(i)), $1,738,000; payments for cooperative
extension work by eligible institutions (7 U.S.C. 3221),
$44,700,000, provided that each institution receives no less
than $1,000,000; payments to carry out the food animal
residue avoidance database program as authorized by 7 U.S.C.
7642, $1,000,000; payments to carry out section 1672(e)(49)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5925), as amended, $400,000; and for necessary
expenses of Extension Activities, $20,380,000.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$60,173,000, as follows: for competitive grants programs
authorized under section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$35,299,000, including $12,649,000 for the water quality
program, $14,596,000 for the food safety program, $3,054,000
for the methyl bromide transition program, and $5,000,000 for
the organic transition program; for a competitive
international science and education grants program authorized
under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b),
to remain available until expended, $3,000,000; for grants
programs authorized under section 2(c)(1)(B) of Public Law
89-106, as amended, $732,000, to remain available until
September 30, 2012, for the critical issues program;
$1,312,000 for the regional rural development centers
program; for grants authorized under section 1624 (7 U.S.C.
5813), $10,000,000; and $9,830,000 for the Food and
Agriculture Defense Initiative authorized under section 1484
of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, to remain available until
September 30, 2012.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $904,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $903,794,000,
of which $1,585,000 shall be available for the control of
outbreaks of insects, plant diseases, animal diseases and for
control of pest animals and birds (``contingency fund'') to
the extent necessary to meet emergency conditions; of which
$22,254,000 shall be used for the cotton pests program for
cost share purposes or for debt retirement for active
eradication zones; of which $900,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as
amended (15 U.S.C. 1831); of which $45,219,000 shall be used
to prevent and control avian influenza and shall remain
available until expended: Provided, That funds provided for
the contingency fund to meet emergency conditions, $4,474,000
for information technology infrastructure, $63,568,000 for
the fruit fly program, $169,163,000 for emerging plant pests,
cotton pests program, $5,637,000 for the grasshopper and
mormon cricket program, $2,129,000 for the plum pox program,
$3,771,000 for the National Veterinary Stockpile, $1,500,000
in the scrapie program for indemnities, $1,000,000 for
wildlife services methods development, $1,500,000 of the
wildlife services operations program, and $5,060,750 of the
screwworm program shall remain available until expended:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided
further, That, in addition, in emergencies which threaten any
segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations
or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be
available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2011, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be credited to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $4,536,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $96,645,000: Provided, That
[[Page S9029]]
this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,947,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,283,000 for formulation
and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $2,484,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $43,742,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Limitation on Inspection and Weighing Services Expenses
Not to exceed $50,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $821,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,047,200,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided,
That funds provided for the Public Health Data Communication
Infrastructure system and implementation of section 11016 of
Public Law 110-246 shall remain available until expended:
Provided further, That no fewer than 140 full-time equivalent
positions shall be employed during fiscal year 2011 for
purposes dedicated solely to inspections and enforcement
related to the Humane Methods of Slaughter Act: Provided
further, That of the amount available under this heading,
$3,000,000 shall be obligated to maintain the Humane Animal
Tracking System as part of the Public Health Data
Communication Infrastructure System: Provided further, That
this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services, $904,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,325,650,000: Provided, That the Secretary is authorized to
use the services, facilities, and authorities (but not the
funds) of the Commodity Credit Corporation to make program
payments for all programs administered by the Agency:
Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made
available to county committees shall remain available until
expended.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$4,185,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $5,500,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided, That
such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), boll weevil loans (7
U.S.C. 1989), direct and guaranteed conservation loans (7
U.S.C. 1924 et seq.), and Indian highly fractionated land
loans (25 U.S.C. 488), to be available from funds in the
Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,975,000,000, of which $1,500,000,000
shall be for unsubsidized guaranteed loans and $475,000,000
shall be for direct loans; operating loans, $2,544,035,000,
of which $1,500,000,000 shall be for unsubsidized guaranteed
loans, $144,035,000 shall be for subsidized guaranteed loans
and $900,000,000 shall be for direct loans; Indian tribe land
acquisition loans, $10,000,000; conservation loans,
$150,000,000, of which $75,000,000 shall be for guaranteed
loans and $75,000,000 shall be for direct loans; Indian
highly fractionated land loans, $10,000,000; and for boll
weevil eradication program loans, $100,000,000: Provided,
That the Secretary shall deem the pink bollworm to be a boll
weevil for the purpose of boll weevil eradication program
loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $38,570,000, of which $5,700,000 shall be for
unsubsidized guaranteed loans, and $32,870,000 shall be for
direct loans; operating loans, $109,410,000, of which
$34,950,000 shall be for unsubsidized guaranteed loans,
$19,920,000 shall be for subsidized guaranteed loans, and
$54,540,000 shall be for direct loans; conservation loans,
$2,528,000, of which $285,000 shall be for guaranteed loans,
and $2,243,000 shall be for direct loans; and Indian highly
fractionated land loans, $214,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $321,093,000, of
which $313,173,000 shall be paid to the appropriation for
``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Fund Program Account for farm ownership, operating
and conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency,
$83,064,000: Provided, That the funds made available under
section 522(e) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)) may be used for the Common Information Management
System: Provided further, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to the
Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its
[[Page S9030]]
business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management
activities of the Foreign Agricultural Service that are not
related to Commodity Credit Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $904,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $922,433,000, to remain available
until September 30, 2012: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering
operations, methods of cultivation, the growing of
vegetation, rehabilitation of existing works and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the
activities of the Department, $18,485,000, to remain
available until expended.
watershed rehabilitation program
For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012), and in accordance with the provisions of laws relating
to the activities of the Department, $20,497,000, to remain
available until expended.
resource conservation and development
For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of sections 31 and
32 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011;
76 Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f);
and subtitle H of title XV of the Agriculture and Food Act of
1981 (16 U.S.C. 3451-3461), $50,730,000: Provided, That not
to exceed $3,073,000 shall be available for national
headquarters activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $904,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development
mission area, including activities with institutions
concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $226,551,000:
Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for
advertising and promotional activities that support the Rural
Development mission area: Provided further, That not more
than $10,000 may be expended to provide modest nonmonetary
awards to non-USDA employees: Provided further, That any
balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $25,840,256,000 for loans to
section 502 borrowers, of which $1,840,256,000 shall be for
direct loans, and of which $24,000,000,000 shall be for
unsubsidized guaranteed loans; $34,004,000 for section 504
housing repair loans; $69,512,000 for section 515 rental
housing; $129,133,000 for section 538 guaranteed multi-family
housing loans; $5,052,000 for section 524 site loans;
$11,449,000 for credit sales of acquired property, of which
up to $1,449,000 may be for multi-family credit sales; and
$4,966,000 for section 523 self-help housing land development
loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $115,200,000 shall be for direct loans; section 504
housing repair loans, $6,437,000; repair, rehabilitation,
and new construction of section 515 rental housing,
$23,446,000; section 538 multi-family housing guaranteed
loans, $12,513,000; section 524 site development loans,
$294,000; credit sales of acquired property, $556,000; and
section 523 self-help land development housing loans,
$288,000: Provided, That of the total amount appropriated in
this paragraph, the amount equal to the amount of Rural
Housing Insurance Fund Program Account funds allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2010, shall be available through June 30, 2011,
for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones: Provided further,
That section 538 multi-family housing guaranteed loans funded
pursuant to this paragraph shall not be subject to a
guarantee fee and the interest on such loans may not be
subsidized.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $458,313,000
shall be paid to the appropriation for ``Rural Development,
Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $965,635,000; and,
in addition, such sums as may be necessary, as authorized by
section 521(c) of the Act, to liquidate debt incurred prior
to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That of
this amount, up to $5,958,000 shall be available for debt
forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D) of the Act, and not to exceed $50,000
per project for advances to nonprofit organizations or public
agencies to cover direct costs (other than purchase price)
incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That of this
amount not less than $3,000,000 is available for newly
constructed units financed by section 515 of the Housing Act
of 1949, and not less than $3,000,000 is for newly
constructed units financed under sections 514 and 516 of the
Housing Act of 1949: Provided further, That rental assistance
agreements entered into or renewed during the current fiscal
year shall be funded for a one-year period: Provided further,
That any unexpended balances remaining at the end of such
one-year agreements may be transferred and used for the
purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2011 for a farm
labor multi-family housing project financed under section 514
or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, for the cost to conduct a
housing demonstration program to provide revolving loans for
the preservation of low-income multi-family housing projects,
and for additional costs to conduct a demonstration program
for the preservation and revitalization of multi-family
rental housing properties described in this paragraph,
$40,791,000, to remain available until expended: Provided,
That of the funds made available under this heading,
$14,000,000, shall be available for rural housing vouchers to
any low-income household (including those not receiving
rental assistance) residing in a property originally financed
with a section 515 loan which has been prepaid after
[[Page S9031]]
September 30, 2005: Provided further, That the amount of such
voucher shall be the difference between comparable market
rent for the section 515 unit and the tenant paid rent for
such unit: Provided further, That the vouchers be renewable
subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum
extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section
8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided
further, That if the Secretary determines that the amount
made available for vouchers in this or any other Act is not
needed for vouchers, the Secretary may use such funds for the
demonstration programs for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this heading, $1,791,000 shall be
available for the cost of loans to private nonprofit
organizations, or such nonprofit organizations' affiliate
loan funds and State and local housing finance agencies, to
carry out a housing demonstration program to provide
revolving loans for the preservation of low-income multi-
family housing projects: Provided further, That loans under
such demonstration program shall have an interest rate of not
more than 1 percent direct loan to the recipient: Provided
further, That the Secretary may defer the interest and
principal payment to the Rural Housing Service for up to 3
years and the term of such loans shall not exceed 30 years:
Provided further, That of the funds made available under this
heading, $25,000,000 shall be available for a demonstration
program for the preservation and revitalization of the
sections 514, 515, and 516 multi-family rental housing
properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the
purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers
including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt;
and other financial assistance including advances, payments
and incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the
preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the
restructuring: Provided further, That if the Secretary
determines that additional funds for vouchers described in
this paragraph are needed, funds for the preservation and
revitalization demonstration program may be used for such
vouchers: Provided further, That if Congress enacts
legislation to permanently authorize a multi-family rental
housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use
funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval
of the Committees on Appropriations of both Houses of
Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than
$1,000,000 total, from the program funds made available under
this heading, for administrative expenses for activities
funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $41,864,000, to
remain available until expended: Provided, That of the total
amount appropriated under this heading, the amount equal to
the amount of Mutual and Self-Help Housing Grants allocated
by the Secretary for Rural Economic Area Partnership Zones
for the fiscal year 2010, shall be available through June 30,
2011, for communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
rural housing assistance grants
For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation
for construction defects, and rural housing preservation made
by the Rural Housing Service, as authorized by 42 U.S.C.
1474, 1479(c), 1490e, and 1490m, $40,400,000, to remain
available until expended: Provided, That of the total amount
appropriated under this heading, the amount equal to the
amount of Rural Housing Assistance Grants allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2010, shall be available through June 30, 2011,
for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones.
farm labor program account
For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $20,346,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.
rural community facilities program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants
for rural community facilities programs as authorized by
section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $52,678,000, to
remain available until expended: Provided, That $6,256,000 of
the amount appropriated under this heading shall be available
for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the
capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income
rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $10,000,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $3,972,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That of the amount appropriated under this heading,
the amount equal to the amount of Rural Community Facilities
Program Account funds allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2010,
shall be available through June 30, 2011, for communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones for the rural community programs
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act: Provided further, That sections 381E-
H and 381N of the Consolidated Farm and Rural Development Act
are not applicable to the funds made available under this
heading: Provided further, That any prior balances in the
Rural Development, Rural Community Advancement Program
account for programs authorized by section 306 and described
in section 381E(d)(1) of such Act be transferred and merged
with this account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.
Rural Business-Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by sections 306 and
310B and described in sections 310B(f) and 381E(d)(3) of the
Consolidated Farm and Rural Development Act, $86,689,000, to
remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall
be made available for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development and
$2,979,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 2009aa et seq.) for any Rural Community
Advancement Program purpose as described in section 381E(d)
of the Consolidated Farm and Rural Development Act, of which
not more than 5 percent may be used for administrative
expenses: Provided further, That $4,000,000 of the amount
appropriated under this heading shall be for business grants
to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That of the amount appropriated under this
heading, the amount equal to the amount of Rural Business
Program Account funds allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2010,
shall be available through June 30, 2011, for communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones for the rural business and cooperative
development programs described in section 381E(d)(3) of the
Consolidated Farm and Rural Development Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to funds
made available under this heading: Provided further, That
any prior balances in the Rural Development, Rural Community
Advancement Program account for programs authorized by
sections 306 and 310B and described in sections 310B(f) and
381E(d)(3) of such Act be transferred and merged with this
account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.
rural development loan fund program account
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$33,533,000.
For the cost of direct loans, $12,937,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,582,000 shall be available through June 30, 2011, for
Federally Recognized Native American Tribes and of which
$3,164,000 shall be available through June 30, 2011, for
Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided,
[[Page S9032]]
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That of the total
amount appropriated under this heading, the amount equal to
the amount of Rural Development Loan Fund Program Account
funds allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2010, shall be
available through June 30, 2011, for communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $5,087,000 shall be paid to the
appropriation for ``Rural Development, Salaries and
Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $184,000,000 shall not be
obligated and $184,000,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $35,554,000, of which
$2,800,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,463,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $20,367,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note).
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $582,851,000, to remain
available until expended, of which not to exceed $497,000
shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to
exceed $993,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided, That
$3,432,000 of the amounts appropriated under this heading
shall be for loans authorized under 16 U.S.C. 1006a, for
projects whose features include agricultural water supply
benefits, groundwater protection, environmental enhancement
and flood control, except for the limitations contained in
the last sentence of such authority and such loans shall be
made by the Rural Utilities Service: Provided further, That
$70,000,000 of the amount appropriated under this heading
shall be for loans and grants including water and waste
disposal systems grants authorized by 306C(a)(2)(B) and 306D
of the Consolidated Farm and Rural Development Act, Federally
recognized Native American Tribes authorized by 306C(a)(1),
and the Department of Hawaiian Home Lands (of the State of
Hawaii): Provided further, That funding provided for section
306D of the Consolidated Farm and Rural Development Act may
be provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $19,500,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of
such Act, unless the Secretary makes a determination of
extreme need, of which $6,000,000 shall be made available for
a grant to a qualified non-profit multi-state regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water and waste water systems, and of which not
less than $800,000 shall be for a qualified national Native
American organization to provide technical assistance for
rural water systems for tribal communities: Provided
further, That not to exceed $15,000,000 of the amount
appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program
to provide technical assistance for rural water systems:
Provided further, That of the amount appropriated under this
heading, the amount equal to the amount of Rural Water and
Waste Disposal Program Account funds allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2010, shall be available through June 30, 2011,
for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones for the rural utilities
programs described in section 381E(d)(2) of the Consolidated
Farm and Rural Development Act: Provided further, That
$17,500,000 of the amount appropriated under this heading
shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act
of 1936 (7 U.S.C. 918a): Provided further, That any prior
year balances for high cost energy grants authorized by
section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Costs Grants Account:
Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading:
Provided further, That any prior balances in the Rural
Development, Rural Community Advancement Program account
programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B and described in sections 306C(a)(2), 306D, 306E,
and 381E(d)(2) of such Act be transferred to and merged with
this account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.
rural electrification and telecommunications loans program account
The principal amount of direct and guaranteed loans as
authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be
made as follows: 5 percent rural electrification loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $6,500,000,000; guaranteed underwriting loans
pursuant to section 313A, $500,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; and for loans made
pursuant to section 306 of that Act, rural telecommunications
loans, $295,000,000.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $700,000 for
guaranteed underwriting loans authorized by section 313A of
the Rural Electrification Act of 1936 (7 U.S.C. 940c-1).
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,709,000,
which shall be paid to the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $400,000,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$37,755,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That $4,500,000 shall be made available to
those noncommercial educational television broadcast stations
that serve rural areas and are qualified for Community
Service Grants by the Corporation for Public Broadcasting
under section 396(k) of the Communications Act of 1934,
including associated translators and repeaters, regardless of
the location of their main transmitter, studio-to-transmitter
links, and equipment to allow local control over digital
content and programming through the use of high-definition
broadcast, multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $22,320,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $17,976,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition and Consumer Services, $821,000.
Food and Nutrition Service
child nutrition programs
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $17,319,981,000, to
remain available through September 30, 2012, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$7,500,000 shall be available to be awarded as competitive
grants to
[[Page S9033]]
implement section 4405 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246), and may be awarded
notwithstanding the limitations imposed by sections
4405(b)(1)(A) and 4405(c)(1)(A): Provided further, That
section 14222(b)(1) of the Food, Conservation, and Energy Act
of 2008 is amended by adding at the end before the period,
``except section 21, and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), except sections 17 and 21''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,852,522,000, to remain available through September 30,
2012: Provided, That notwithstanding section 17(g)(5) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)), up to
$15,000,000 of funds provided in this Act may be used for the
purpose of evaluating program performance in the Special
Supplemental Nutrition Program for Women, Infants and
Children: Provided further, That of the amounts made
available under this heading, up to $14,000,000 shall be used
for infrastructure, up to $35,000,000 shall be used for
management information systems, and up to $80,000,000 shall
be used for breastfeeding peer counselors and other related
activities: Provided further, That none of the funds provided
in this account shall be available for the purchase of infant
formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully
reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $70,907,818,000, of
which $5,000,000,000, to remain available through September
30, 2012, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That this
appropriation shall be subject to any work registration or
workfare requirements as may be required by law: Provided
further, That funds made available for Employment and
Training under this heading shall remain available until
expended, notwithstanding section 16(h)(1) of the Food and
Nutrition Act of 2008: Provided further, That funds made
available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations,
or to conduct activities related to program integrity
provided that such activities are authorized by the Food and
Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$262,619,000, to remain available through September 30, 2012,
of which $6,000,000 shall be for emergency food program
infrastructure grants authorized by section 209 of the
Emergency Food Assistance Act of 1983: Provided, That of the
amount provided, $5,000,000 is to begin service in six
additional States that have plans approved by the Department
for the commodity supplemental food program: Provided
further, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2011 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2012: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $162,587,000: Provided, That $3,000,000
shall be for section 4404 of Public Law 107-171, as amended
by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $219,280,000:
Provided, That the Service may utilize advances of funds, or
reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United
States Agency for International Development: Provided
further, That of the amount appropriated under this heading
$14,600,000 is for stabilization and reconstruction
activities to be carried out under the authority provided by
title XIV of the Food and Agriculture Act of 1977 (7 U.S.C.
3101 et seq.) and other applicable laws: Provided further,
That of the amount appropriated under this heading,
$5,000,000 is for the Secretary to provide technical
assistance under available authorities for the establishment
and growth of sustainable food production and marketing
systems in developing countries: Provided further, That
funds made available for middle-income country training
programs and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates,
subject to documentation by the Foreign Agricultural Service,
shall remain available until expended: Provided further, That
of the total amount appropriated under this heading,
$4,500,000 shall be available for activities under the
Technical Assistance for Specialty Crops Program pursuant to
section 3205 of the Farm Security and Rural Investment Act of
2002 (Public Law 107-171), as amended.
food for peace title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $2,846,000, which shall be
paid to the appropriation for ``Farm Service Agency, Salaries
and Expenses'': Provided, That funds made available for the
cost of agreements under title I of the Agricultural Trade
Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the
two accounts with prior notice to the Committees on
Appropriations of both Houses of Congress.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480, as amended), for commodities supplied in connection
with dispositions abroad under title II of said Act,
$1,690,000,000, to remain available until expended.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and
GSM 103, $6,884,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,525,000 shall be paid to the
appropriation for ``Foreign Agricultural Service, Salaries
and Expenses'', and of which $359,000 shall be paid to the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
mc govern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $219,500,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That up to $1,000,000 is made
available for the purposes of section 3107 of Public Law 107-
171, as amended by Public Law 111-203, and shall be available
for activities under section (b)(1) and (b)(2) of the Act.
TITLE VI
FOOD AND DRUG ADMINISTRATION AND FARM CREDIT ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $3,745,044,000: Provided,
That of the amount provided under this heading, $667,057,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h shall be credited to this account and
remain available until expended, and shall not include any
fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for
fiscal year
[[Page S9034]]
2012 but collected in fiscal year 2011; $61,860,000 shall be
derived from medical device user fees authorized by 21 U.S.C.
379j, and shall be credited to this account and remain
available until expended; $19,448,000 shall be derived from
animal drug user fees authorized by 21 U.S.C. 379j, and shall
be credited to this account and remain available until
expended; $5,397,000 shall be derived from animal generic
drug user fees authorized by 21 U.S.C. 379f, and shall be
credited to this account and shall remain available until
expended; and $450,000,000 shall be derived from tobacco
product user fees authorized by 21 U.S.C. 387s and shall be
credited to this account and remain available until expended:
Provided further, That in addition and notwithstanding any
other provision under this heading, amounts collected for
prescription drug user fees that exceed the fiscal year 2011
limitation are appropriated and shall be credited to this
account and remain available until expended: Provided
further, That fees derived from prescription drug, medical
device, animal drug, animal generic drug, and tobacco product
assessments for fiscal year 2011 received during fiscal year
2011, including any such fees assessed prior to fiscal year
2011 but credited for fiscal year 2011, shall be subject to
the fiscal year 2011 limitations: Provided further, That
none of these funds shall be used to develop, establish, or
operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount
appropriated: (1) $869,387,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$982,811,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $328,234,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$167,875,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $362,491,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $60,975,000 shall be
for the National Center for Toxicological Research; (7)
$421,463,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) not to exceed $141,724,000 shall be for Rent and
Related activities, of which $41,951,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
$185,983,000 shall be for payments to the General Services
Administration for rent; and (10) $224,101,000 shall be for
other activities, including the Office of the Commissioner;
the Office of Foods; the Office of the Chief Scientist; the
Office of Policy, Planning and Budget; the Office of
International Programs; the Office of Administration; and
central services for these offices: Provided further, That
none of the funds made available under this heading shall be
used to transfer funds under section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided
further, That not to exceed $25,000 of this amount shall be
for official reception and representation expenses, not
otherwise provided for, as determined by the Commissioner:
Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, and priority review user fees authorized by 21 U.S.C.
360n may be credited to this account, to remain available
until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of
or used by the Food and Drug Administration, where not
otherwise provided, $10,000,000, to remain available until
expended.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $59,400,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 204 passenger
motor vehicles, of which 170 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary
balances of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital
equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture: Provided, That none of the funds made available
by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 711 of this Act: Provided further, That of annual
income amounts in the Working Capital Fund of the Department
of Agriculture allocated for the National Finance Center, the
Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement and implementation of a
financial management plan, information technology, and other
systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That the limitation on the
obligation of funds pending notification to Congressional
Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a
declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate
employees of the National Finance Center to a safe haven to
continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. Of the funds made available by this Act, not
more than $1,800,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 707. None of the funds appropriated by this Act may
be used to carry out section 410 of the Federal Meat
Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry
Products Inspection Act (21 U.S.C. 471).
Sec. 708. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 30 days unless the individual's
employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the
employee for the period of assignment.
Sec. 709. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and
Drug Administration shall be used to transmit or otherwise
make available to any non-Department of Agriculture or non-
Department of Health and Human Services employee questions or
responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 710. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects over $25,000 prior to receipt of written approval by
the Chief Information Officer.
[[Page S9035]]
Sec. 711. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming or transfer of funds, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture and the Secretary of
Health and Human Services, notifies, in writing, the
Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds
or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in
excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture and the Secretary of
Health and Human Services, notifies, in writing, the
Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds
or the use of such authority.
(c) The Secretary of Agriculture and the Secretary of
Health and Human Services, shall notify in writing the
Committees on Appropriations of both Houses of Congress
before implementing a program or activity not carried out
during the previous fiscal year unless the program or
activity is funded by this Act or specifically funded by any
other Act.
Sec. 712. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's Budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the Budget
unless such Budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2012
appropriations Act.
Sec. 713. None of the funds made available by this or any
other Act may be used to close or relocate a Rural
Development office unless or until the Secretary of
Agriculture determines the cost effectiveness and/or
enhancement of program delivery: Provided, That not later
than 120 days before the date of the proposed closure or
relocation, the Secretary notifies in writing the Committees
on Appropriation of the House and Senate, and the members of
Congress from the State in which the office is located of the
proposed closure or relocation and provides a report that
describes the justifications for such closures and
relocations.
Sec. 714. None of the funds made available in fiscal year
2010 or preceding fiscal years for programs authorized under
the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of
$20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under
section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust
Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall
only be used pursuant to section 302(b)(2)(B)(i) of the Bill
Emerson Humanitarian Trust Act.
Sec. 715. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits of St.
Louis, Missouri.
Sec. 716. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 and section
524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b))
in the current fiscal year shall remain available until
expended to disburse obligations made in the current fiscal
year.
Sec. 717. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 718. There is hereby appropriated $5,000,000, to
remain available until expended, for a grant to the National
Center for Natural Products Research for construction or
renovation to carry out the research objectives of the
natural products research grant issued by the Food and Drug
Administration.
Sec. 719. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out in fiscal
year 2011 the following:
(1) An Environmental Quality Incentives Program as
authorized by sections 1240-1240 H of the Food Security of
1985, as amended (16 U.S.C. 3839aa-3839aa(8)), in excess of
$1,311,548,000.
(2) A program authorized by section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)).
(3) A program under subsection (b)(2)(A)(iii) of section
14222 of Public Law 110-246 in excess of $1,052,000,000:
Provided, That none of the funds made available in this Act
or any other Act shall be used for salaries and expenses to
carry out section 19(i)(1)(D) of the Richard B. Russell
National School Lunch Act as amended by section 4304 of
Public Law 110-246 in excess of $37,000,000, including the
transfer of funds under subsection (c) of section 14222 of
Public Law 110-246, until October 1, 2011: Provided further,
That $113,000,000 made available on October 1, 2011, to carry
out section 19(i)(1)(D) of the Richard B. Russell National
School Lunch Act as amended by section 4304 of Public Law
110-246 shall be excluded from the limitation described in
subsection (b)(2)(A)(iv) of section 14222 of Public Law 110-
246.
(4) A Wetlands Reserve Program as authorized by sections
1237-1237F of the Food Security Act of 1985, as amended (16
U.S.C. 3837), to enroll in excess of 247,500 acres.
Sec. 720. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification
Act, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 721. None of the funds made available to the
Department of Agriculture in this Act may be used to
implement the risk-based inspection program in the 30
prototype locations announced on February 22, 2007, by the
Under Secretary for Food Safety, or at any other locations,
until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the
Committees on Appropriations of the House of Representatives
and the Senate on the data used in support of the development
and design of the risk-based inspection program and FSIS has
addressed and resolved issues identified by OIG.
Sec. 722. Notwithstanding any other provision of law, the
Secretary of Agriculture--
(1) shall consider--
(A) the town of Alden, NY, the town of Fallsburg, NY, and
the town of Moreau, NY, to be rural areas for the purposes of
eligibility for Rural Utilities Service water and waste
disposal loans and grants;
(B) the town of Brattleboro, VT, (including individuals and
entities with projects within the town) eligible for loans
and grants funded through the Rural Utilities Service water
and waste disposal program;
(C) the cities of Greenwood, SC, and Paragould, AR,
(including individuals and entities with projects within the
cities) eligible for loans and grants funded through the
Rural Community Facilities Program Account;
(D) the area of South Apopka, FL, and the unincorporated
community of Oceano, CA (including individuals and entities
with projects within the community), eligible for loans and
grants funded under the housing programs of the Rural Housing
Service;
(E) the city of Wilkes-Barre, PA, the city of Pittston, PA,
the city of Nanticoke, PA, the township of Pittston, PA, and
the township of Hanover, PA (including individuals and
entities with projects within the city) eligible for loans
and grants funded through the Rural Business Program Account;
and
(F) the area of Dededo, Guam, and the area of Yigo, Guam
(including individuals and entities with projects within the
city), eligible for loans and grants funded through the Rural
Development mission area; and
(2) may fund Rural Community Facility Program projects of
the Rural Housing Service and Water and Waste Disposal
Program projects of the Rural Utilities Service for
communities and municipal districts and areas in New York
that filed applications for such projects with the
appropriate Rural Development field office of the Department
of Agriculture prior to January 1, 2010, and that such
projects were determined by the field office to be eligible
for funding.
[[Page S9036]]
Sec. 723. There is hereby appropriated $2,600,000, to
remain available until expended, for the construction and
interim operations for establishment of an agricultural pest
facility in the State of Hawaii.
Sec. 724. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide
financial and technical assistance through the Watershed and
Flood Prevention Operations program to carry out--
(1) the Alameda Creek Watershed Project in Alameda County,
California;
(2) the Pidcock-Mill Creeks Watershed project in Bucks
County, Pennsylvania;
(3) the Gin Bayou Bank Stabilization in Mississippi;
(4) the North Drainage Projects in Mississippi;
(5) the Copper Mine Brook Watershed project in the State of
Connecticut;
(6) the East Locust Creek Watershed Plan Revision in
Missouri, including up to 100 percent of the engineering
assistance and 75 percent cost share for construction cost of
site RW1;
(7) the Little Otter Creek Watershed project in Missouri.
The sponsoring local organization may obtain land rights by
perpetual easements;
(8) the Lake County Watershed in the State of Illinois;
(9) the Dunloup Creek Watershed project in Fayette and
Raleigh Counties, West Virginia;
(10) the North Fork of Elkhorn Creek Watershed project in
the State of West Virginia;
(11) the Pocasset River Floodplain Management project in
the State of Rhode Island; and
(12) the Southeast Quadrant Drainage and Flood Prevention
project in the State of Alabama.
Sec. 725. Notwithstanding any other provision of law, for
the purposes of a grant under section 412 of the Agricultural
Research, Extension, and Education Reform Act of 1998, none
of the funds in this or any other Act may be used to prohibit
the provision of in-kind support from non-Federal sources
under section 412(e)(3) in the form of unrecovered indirect
costs not otherwise charged against the grant, consistent
with the indirect rate of cost approved for a recipient.
Sec. 726. Notwithstanding any other provision of law,
there is hereby appropriated:
(1) $3,000,000 of which $2,000,000 shall be for a grant to
the Wisconsin Department of Agriculture, Trade, and Consumer
Protection, and $1,000,000 shall be for a grant to the
Vermont Agency of Agriculture, Foods, and Markets, as
authorized by section 6402 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1621 note);
(2) $350,000 for a grant to the Wisconsin Department of
Agriculture, Trade and Consumer Protection; and
(3) $250,000 for the Tioga County, NY, Rural Economic Area
Partnership.
Sec. 727. The Secretary of Agriculture may authorize a
State agency to use funds provided in this Act to exceed the
maximum amount of liquid infant formula specified in 7 C.F.R.
246.10 when issuing liquid infant formula to participants.
Sec. 728. Of the unobligated balances provided pursuant to
section 16(h)(1)(A) of the Food and Nutrition Act of 2008,
$15,000,000 is hereby rescinded.
Sec. 729. (a) None of the funds made available by this Act
may be used to promulgate or implement a poultry products
inspection rule allowing processed poultry or processed
poultry products to be imported into the United States from
the People's Republic of China unless the Secretary of
Agriculture formally notifies Congress that the Department
will--
(1) not provide any preferential consideration to any
application by the People's Republic of China for
authorization to export poultry or poultry products to the
United States;
(2) conduct audits of inspection systems and on-site
reviews of slaughter and processing facilities, laboratories
and other control operations before any Chinese facilities
are certified as eligible to ship poultry or poultry products
to the United States and, in subsequent years, to conduct
such audits and reviews at least once annually or more
frequently as the Secretary determines necessary;
(3) implement a significantly increased level of port of
entry re-inspection;
(4) establish and conduct a formal and expeditious
information sharing program with other countries importing
processed poultry or processed poultry products from China
that have conducted audits and plant inspections;
(5) report to the House and Senate Committees on
Appropriations within 60 days of the date of enactment of
this Act, and every 90 days thereafter for an indefinite
period, with respect to the promulgation or implementation of
any poultry products inspection rule authorizing the People's
Republic of China to export poultry or poultry products to
the United States, including--
(A) actions taken or to be taken by the Secretary,
including new audits and on-site reviews, to implement any
poultry products inspection rule authorizing the People's
Republic of China to export processed poultry or processed
poultry products to the United States;
(B) actions taken or to be taken by the Secretary,
including new audits and on-site reviews, to determine
whether the poultry inspection system of the People's
Republic of China achieves a level of sanitary protection
equivalent to that achieved under United States standards;
(C) actions taken or to be taken by the Secretary to
determine whether the administration and enforcement of the
poultry and poultry products inspection system of the
People's Republic of China ensures that it achieves a level
of sanitary protection equivalent to that achieved under
United States standards;
(D) the level of port of entry re-inspections to be
conducted on processed poultry and processed poultry products
offered for importation into the United States from the
People's Republic of China; and
(E) a work plan incorporating any understandings or
agreements between FSIS and relevant authorities of the
People's Republic of China with respect to carrying out the
Secretary's assessment of the equivalency of the poultry
products inspection system of the People's Republic of China;
(6) make publicly available, no later than 30 days from the
date they are finalized, the reports of any new audits and
on-site reviews conducted by the Secretary, and, in addition,
when such audit or review is being conducted to determine
whether the People's Republic of China's poultry inspection
system achieves a level of sanitary protection equivalent to
that achieved under United States standards, to make the
final report of such audit or review publicly available no
later than 30 days prior to the publication of any notice of
proposed rulemaking for such determination; and
(7) make publicly available a list of facilities in the
People's Republic of China certified to export poultry or
poultry products to the United States and to notify the House
and Senate Committees on Appropriations if the number of
facilities certified by the People's Republic of China
exceeds ten.
(b) None of the funds made available by this Act may be
used to promulgate any proposed or final rule allowing the
importation into the United States of poultry slaughtered or
poultry products produced from poultry slaughtered in the
People's Republic of China unless such rule is promulgated in
accordance with the procedures for significant rules
specified in Executive Order 12866.
(c) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 730. None of the funds made available in this Act may
be used to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
Sec. 731. There is hereby appropriated $2,600,000 to carry
out section 1621 of Public Law 110-246 and $3,000,000, to
remain available until expended, to carry out section 1613 of
Public Law 110-246.
Sec. 732. There is hereby appropriated $800,000 to the
Farm Service Agency to carry out a pilot program to
demonstrate the use of new technologies that increase the
rate of growth of re-forested hardwood trees on private non-
industrial forests lands, enrolling lands on the coast of the
Gulf of Mexico that were damaged by Hurricane Katrina in
2005.
Sec. 733. In the case of each program established or
amended by the Food, Conservation, and Energy Act of 2008
(Public Law 110-246), other than by title I or subtitle A of
title III of such Act, or programs for which indefinite
amounts were provided in that Act that is authorized or
required to be carried out using funds of the Commodity
Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 734. Hereafter, notwithstanding section 310B(g)(5) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 735. The Secretary may reserve, through April 1,
2011, up to 5 percent of the funding available for the
following items for projects in areas that are engaged in
strategic regional development planning as defined by the
Secretary: business and industry guaranteed loans; rural
development loan fund; rural business enterprise grants;
rural business opportunity grants; value-added producer
grants; broadband program; water and waste program; and rural
community facilities program.
Sec. 736. Appropriations to the Department of Agriculture
made available in fiscal years 2005, 2006, and 2007 to carry
out section 601 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb) for the cost of direct loans shall remain
available until expended to disburse valid obligations made
in fiscal years 2005, 2006, 2007, and 2008.
Sec. 737. Of the unobligated balances in the Agricultural
Research Service, Buildings and Facilities account,
$2,226,000 are hereby rescinded: Provided, That no amounts
may be
[[Page S9037]]
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That no amounts may be rescinded from amounts greater than
$5,000,000 or that have received an appropriation since 2007
unless construction of those facilities has been completed.
Sec. 738. Of the unobligated balances in the Distance
Learning, Telemedicine and Broadband Program for the cost of
the broadband loans, $39,000,000 are rescinded: Provided,
That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 739. Of the unobligated balances available for
Cooperative State Research, Education, and Extension Service,
Buildings and Facilities, $3,531,000 are rescinded.
Sec. 740. For an additional amount for the ``Departmental
Administration'' account, $1,000,000, to increase the
Department's acquisition workforce capacity and capabilities:
Provided, That such funds may be transferred by the
Secretary to any other account in the Department to carry out
the purposes provided herein: Provided further, That such
transfer authority is in addition to any other transfer
authority provided in this Act: Provided further, That such
funds shall be available only to supplement and not to
supplant existing acquisition workforce activities: Provided
further, That such funds shall be available for training,
recruitment, and retention of additional members of the
acquisition workforce as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 401 et seq.):
Provided further, That such funds shall be available for
information technology in support of acquisition workforce
effectiveness or for management solutions to improve
acquisition management.
Sec. 741. Notwithstanding any other provision of law,
school food authorities which received a grant for equipment
assistance under the grant program carried out pursuant to
the heading ``Food and Nutrition Service Child Nutrition
Programs'' in title I of division A of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5) shall be
eligible to receive a grant under section 749 (j) of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2010 (Public Law
111-80).
Sec. 742. The Agricultural Research Service may convey all
rights and title of the United States, to a parcel of land
comprising .93 acres, more or less, located in SW1/4 Section
26 and NW1/4 Section 35, Township 12 North, Range 1 East,
Salt Lake Meridian in Cache County, Utah, originally conveyed
by the Board of Trustees of the Utah State University of
Agriculture and Applied Science, and described in instruments
recorded in Book 45, pages 493-495, of the public land
records of Cache County, Utah, including facilities, and
fixed equipment, to the Utah State University, Logan, Utah,
in their ``as is'' condition, once suitable headhouse and
greenhouse facilities have been provided and when the
facilities are vacated by the Agricultural Research Service.
Sec. 743. (a) When implementing the authority provided in
paragraphs (2) and (3) of section 740(c) of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2010 (Public Law 111-80) that
requires the Commissioner of Food and Drugs to develop
updated guidance documents and review standards for the
development of safe and effective products to treat rare
diseases and neglected tropical diseases, the Commissioner
shall--
(1) maximize the use of accelerated approval where feasible
and appropriate;
(2) work with sponsors to facilitate expanded access to
investigational therapies;
(3) increase coordination and interaction with the World
Health Organization, European Medicines Agency, and other
international regulatory agencies;
(4) implement mechanisms for enhanced collaboration between
the Food and Drug Administration and National Regulatory
Authorities in developing countries;
(5) develop guidance on clinical development programs for
rare diseases;
(6) develop guidance on the use of surrogate endpoints that
are reasonably likely to predict clinical benefit of drugs
and biological products under the regulations under subpart H
of part 314 of title 21, Code of Federal Regulations and
subpart E of part 601 of title 21, Code of Federal
Regulations; and
(7) increase coordination among individual drug, biological
product, and device review divisions across Food and Drug
Administration centers to support the development of safe and
effective medical products for rare and neglected diseases.
(b) The Commissioner of Food and Drugs shall submit a
report to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives not later than 180 days after the report
required in section 740(c)(1) of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2010 (Public Law 111-80) is
submitted: Provided, That the report submitted in response to
this section shall describe in detail how the Food and Drug
Administration is implementing subsection (a).
Sec. 744. (a) Stakeholder Panel.--Not later than 90 days
after the date of the enactment of this section, the
Secretary of Agriculture shall contract with a person, firm
or organization that specializes in facilitating meetings to
establish the Stakeholder Panel referred to in paragraph (b).
Section 706 of this Act shall not apply to the Stakeholder
Panel referred to in paragraph (b).
(b) Formation.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this section, the person, firm or
organization that specializes in facilitating meetings
described in subsection (a) shall select the members,
convene, and preside over the Stakeholder Panel to analyze
public health needs related to food safety and develop a
concept for a modern food safety system designed to reduce
the risk of foodborne illness for products regulated by the
Food Safety and Inspection Service.
(2) Membership.--The Stakeholder Panel shall consist of 15
members and include a balanced representation from the
following sectors--
(A) membership-based consumer organizations;
(B) the public health profession;
(C) Federal and industry employees, including a
representative of employees of the Food Safety and Inspection
Service that are represented by a labor organization (as
defined in section (a)(4) of the Civil Service Reform Act (5
U.S.C. 7103)) and a representative of employees of the
industries regulated by the Food Safety and Inspection
Service that are represented by a labor organization (as
defined in section 2 of the National Labor Relations Act (29
U.S.C. 152));
(D) agriculture and livestock producers of varying sizes
whose products are regulated by the Food Safety and
Inspection Service, including one representative of small
agriculture or livestock producers; and
(E) food manufacturers and processors of varying sizes that
are regulated by the Food Safety and Inspection Service,
including at least one representative of small food
manufacturers or processors.
(3) Initial duties and report.--Not later than 180 days
after the date on which the stakeholder panel is initially
convened, the stakeholder panel shall develop and submit to
the Secretary of Agriculture the terms of reference and the
scope of the work to be addressed by the Institute of
Medicine and the National Research Council of the National
Academy of Sciences study described in subsection (c) based
on an analysis of public health needs related to food safety
and a conception of a modern food safety system.
(4) Policy recommendations and final report.--Not later
than one year after the date on which the Secretary of
Agriculture submits to the stakeholder panel the report
described in subsection (c)(3), the stakeholder panel shall
develop and submit to the congressional agriculture
committees policy recommendations, including identifying
statutory and regulatory changes necessary, on how to improve
the food safety system for products regulated by the Food
Safety and Inspection Service based on an analysis of public
health needs, a conception of a modern food safety system,
and considering the report described in subsection (c)(3).
(c) National Academy of Sciences Study.--
(1) In general.--The Secretary of Agriculture shall
contract with the Institute of Medicine and the National
Research Council of the National Academy of Sciences to
conduct an evidence-based study of the food safety system for
products regulated by the Food Safety and Inspection Service.
(2) Use of terms and scope.--The study described in
subparagraph (1) shall use the terms of reference and be
conducted within the scope developed by the stakeholder panel
under subsection (b)(4).
(3) Report.--Not later than one year after the date on
which the stakeholder panel submits the report required under
subsection (b)(3), the Institute of Medicine and the National
Research Council of the National Academy of Sciences shall
submit to the Secretary of Agriculture a report detailing the
results of the study conducted under this subsection. Upon
receipt of such report, the Secretary of Agriculture shall
submit such report to the stakeholder panel.
(d) Definitions.--In this section:
(1) Congressional agriculture committees.--The term
``congressional agriculture committees'' means--
(A) the Committee on Agriculture and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Agriculture, Nutrition, and Forestry
and the Committee on Appropriations of the Senate.
(2) Food safety and inspection service.--The term ``Food
Safety and Inspection Service'' means the Food Safety and
Inspection Service of the Department of Agriculture.
(3) Stakeholder panel.--The term ``stakeholder panel''
means the stakeholder panel established under subsection
(b)(2).
Sec. 745. The unobligated balances available for the
wildlife habitat incentives program under section 1240N of
the Food Security Act of 1985 (16 U.S.C. 3839bb-1), as
identified by Treasury Appropriation Fund Symbol 12X3322, are
rescinded; for the program under the Water Bank Act (16
U.S.C. 1301 et seq.), as identified by Treasury Appropriation
Fund Symbol 12X3320; and for the wetlands reserve program
under section 1237 of the Food Security Act of 1985 (16
U.S.C. 3837), as
[[Page S9038]]
identified by Treasury Appropriation Fund Symbol 12X1080; are
rescinded.
Sec. 746. Hereafter, under the Rural Electrification Act
of 1936 the Secretary of Agriculture shall conduct a pilot
program that provides loans or loan guarantees for the
construction of not more than three baseload electric
generation plants: Provided, That in issuing loans and loan
guarantees the Secretary shall not discriminate based on the
fuel input of such plants as long as the input is from fossil
fuels and the generation facility emits into the ambient air
CO<inf>2</inf> at a rate, in lbs CO<inf>2</inf>/MWh, not
greater than the CO<inf>2</inf> emitted from a natural gas
fired generation facility of a similar size that began
operation within the last 10 years, as determined by the
Secretary: Provided further, That the Secretary shall charge
an upfront fee equal to the subsidy cost of such loans as
calculated in accordance with section 502 of the Federal
Credit Reform Act of 1990: Provided further, That the fee
shall be paid from non-Federal sources: Provided further,
That the source of such payment received from borrowers is
not a loan or other debt obligation that is guaranteed by the
Federal Government: Provided further, That gross obligations
for the principal amount of loans authorized by this section
shall not exceed $1,500,000,000.
Sec. 747. The unobligated balances available for the
Outreach for Socially Disadvantaged Farmers account, as
identified by Treasury Appropriation Fund Symbol 12X0601, are
rescinded; for the Rural Community Advancement Program, as
identified by Treasury Appropriation Fund Symbol 12X0400, are
rescinded; for the Payments to States program, as identified
by Treasury Appropriation Fund symbol 12X2501, are rescinded;
for the Common Computing Environment account, as identified
by Treasury Appropriation Fund Symbol 12X0113, $1,866,000 are
rescinded; for the Office of the Secretary, as identified by
Treasury Appropriation Fund Symbol 12X0115, are rescinded;
for the Agricultural Credit Insurance Fund, as identified by
Treasury Appropriation Fund Symbol 12X1140, $3,000,000 are
rescinded; for the Resource Conservation and Development
program, as identified by Treasury Appropriation Fund Symbol
12X1010, $1,563,000 are rescinded; for the Emergency
Conservation Program, as identified by Treasury Appropriation
Fund Symbol 12X3316, $19,939,000 are rescinded; for Watershed
and Flood Prevention Operations, as identified by Treasury
Appropriation Fund Symbol 12X1072, $38,846,000 are rescinded;
for the Animal and Plant Health Inspection Service--Buildings
and Facilities account, as identified by Treasury
Appropriation Fund Symbol 12X1601, $3,000,000 are rescinded.
In addition, from prior year unobligated balances of Animal
and Plant Health Inspection Service--Salaries and Expenses
account, the following amounts are rescinded: Sudden Oak
Death, $295,000; Sirex Woodwasp, $408,000; Avian Influenza,
$8,000,000; Information Technology Infrastructure, $86,000;
Screwworm, $1,000,000; HUB Relocation, $98,000; H1N1,
$5,000,000; and Contingency Funds, $1,000,000.
Sec. 748. The unobligated balances available for the
Agricultural Research Service--Salaries and Expenses account,
as identified by Treasury Appropriation Fund Symbol 12X1400,
as provided through Public Law 109-234 and Public Law 111-32,
$971,000 is hereby rescinded; the unobligated balances
provided pursuant to section 9005 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8105), $28,042,000 is
hereby rescinded; the unobligated balances provided pursuant
to section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103), $56,084,000 is hereby rescinded.
Sec. 749. None of the funds appropriated or made available
by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a biomass crop
assistance program as authorized by section 9011 of Public
Law 107-171 in fiscal year 2011.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2011''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the International
Trade Administration between two points abroad, without
regard to 49 U.S.C. 40118; employment of Americans and aliens
by contract for services; rental of space abroad for periods
not exceeding 10 years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $245,250 for official representation
expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $45,000 per vehicle;
obtaining insurance on official motor vehicles; and rental of
tie lines, $514,204,000, to remain available until September
30, 2012, of which $9,439,000 is to be derived from fees to
be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided,
That not less than $7,000,000 shall be for the Office of
China Compliance, and not less than $4,400,000 shall be for
the China Countervailing Duty Group: Provided further, That
the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities: Provided further, That negotiations shall be
conducted within the World Trade Organization to recognize
the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210:
Provided further, That within the amounts appropriated,
$3,400,000 shall be used for the projects, and in the
amounts, as specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $11,250 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established
by law, $109,975,000, to remain available until expended, of
which $31,680,000 shall be for inspections and other
activities related to national security: Provided, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for
materials or services provided as part of such activities may
be retained for use in covering the cost of such activities,
and for providing information to the public with respect to
the export administration and national security activities of
the Department of Commerce and other export control programs
of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $277,000,000, to remain
available until expended.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$40,181,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$32,316,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $110,000,000, to remain available until September
30, 2012.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $271,364,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics
for periodic censuses and programs provided for by law,
$964,059,000, to remain available until September 30, 2012:
Provided, That from amounts provided herein, funds may be
used for promotion, outreach, and marketing activities.
[[Page S9039]]
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $41,568,000, to remain available until September 30,
2012: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services,
to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of grants, authorized by section 392
of the Communications Act of 1934, $20,000,000, to remain
available until expended as authorized by section 391 of the
Act: Provided, That not to exceed $2,000,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That, notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.
United States Patent and Trademark Office
salaries and expenses
(including transfer of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office, $2,262,000,000, to remain
available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during
fiscal year 2011, so as to result in a fiscal year 2011
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2011, should the total
amount of offsetting collections, and the surcharge provided
herein, be less than $2,262,000,000, this amount shall be
reduced accordingly: Provided further, That any amount
received in excess of $2,262,000,000 in fiscal year 2011, in
an amount up to $200,000,000, shall remain available until
expended: Provided further, That from amounts provided
herein, not to exceed $750 shall be made available in fiscal
year 2011 for official reception and representation expenses:
Provided further, That in fiscal year 2011 from the amounts
made available for ``Salaries and Expenses'' for the USPTO,
the amounts necessary to pay: (1) the difference between the
percentage of basic pay contributed by the USPTO and
employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) of basic pay, of employees subject to
subchapter III of chapter 83 of that title; and (2) the
present value of the otherwise unfunded accruing costs, as
determined by the Office of Personnel Management, of post-
retirement life insurance and post-retirement health benefits
coverage for all USPTO employees, shall be transferred to the
Civil Service Retirement and Disability Fund, the Employees
Life Insurance Fund, and the Employees Health Benefits Fund,
as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That sections
801, 802, and 803 of division B, Public Law 108-447 shall
remain in effect during fiscal year 2011: Provided further,
That the Director may, this year, reduce by regulation fees
payable for documents in patent and trademark matters, in
connection with the filing of documents filed electronically
in a form prescribed by the Director: Provided further, That
from the amounts provided herein, no less than $4,000,000
shall be available only for the USPTO contribution in a
cooperative or joint agreement or agreements with a non-
profit organization or organizations, successfully audited
within the previous year, and with previous experience in
such programs, to conduct policy studies, including studies
relating to activities of United Nations Specialized agencies
and other international organizations, as well as conferences
and other development programs, in support of fair
international protection of intellectual property rights:
Provided further, That there shall be a surcharge of 15
percent, rounded by standard arithmetic rules, on fees
charged or authorized by subsections (a), (b) and (d)(1) of
section 41 of title 35, United States Code, as administered
under Public Law 108-447 and this Act and on fees charged or
authorized by section 132(b) of title 35, United States Code:
Provided further, That the surcharge established under the
previous proviso shall be separate from, and in addition to,
any other surcharge that may be required pursuant to any
provision of title 35, United States Code: Provided further,
That the surcharge established in the previous two provisions
shall take effect on the date that is 10 days after the date
of enactment of this Act, and shall remain in effect during
fiscal year 2011: Provided further, That, the receipts
collected as a result of these surcharges shall be available,
within the amounts provided herein, to the USPTO without
fiscal year limitation, for all authorized activities and
operations of the Office: Provided further, That within the
amounts appropriated, $1,000,000 shall be transferred to the
Office of Inspector General for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $541,246,000, to remain available
until expended, of which not to exceed $9,000,000 may be
transferred to the ``Working Capital Fund'': Provided, That
not to exceed $7,500 shall be for official reception and
representation expenses: Provided further, That within the
amounts appropriated, $5,275,000 shall be used for the
projects, and in the amounts, as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
industrial technology services
For necessary expenses of the Industrial Technology
Services of the National Institute of Standards and
Technology, $204,454,000, to remain available until expended:
Provided, That of the amounts appropriated, $124,700,000
shall be for the Hollings Manufacturing Extension
Partnership, $69,900,000 shall be for the Technology
Innovation Program, and $9,854,000 shall be for the Baldrige
Performance Excellence Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $132,000,000, to remain
available until expended, of which $20,000,000 is for a
competitive construction grant program for research science
buildings: Provided, That within the amounts appropriated,
$50,000,000 shall be used for the projects, and in the
amounts, as specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That the Secretary of
Commerce shall include in the budget justification materials
that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget
of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Institute of
Standards and Technology construction project having a total
multi-year program cost of more than $5,000,000 and
simultaneously the budget justification materials shall
include an estimate of the budgetary requirements for each
such project for each of the five subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration (NOAA),
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $3,475,460,000, to remain available until
September 30, 2012, except for funds provided for cooperative
enforcement, which shall remain available until September 30,
2013: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition, $3,000,000
shall be derived by transfer from the fund entitled ``Coastal
Zone Management'' and in addition $68,000,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'' and $6,000,000 is derived from recoveries of
prior-year obligations: Provided further, That of the
$3,552,460,000 provided for in direct obligations under this
heading $3,475,460,000 is appropriated from the general fund,
and $71,000,000 is provided by transfer: Provided further,
That no more than $391,000,000 of these funds may be used for
administrative costs incurred by NOAA's corporate staff and
line office headquarters offices, and within this amount
$245,028,000 shall be available for the NOAA corporate
service administrative support costs: Provided further, That
this $391,000,000 limitation may be increased up to 5
percent, provided that the Administrator of NOAA shall notify
the Committees on Appropriations at least 15 days in advance
of the need with the reasons for any proposed increase:
Provided further, That payments of funds made available under
this heading to the Department of Commerce Working Capital
Fund including Department of Commerce General Counsel legal
services shall not exceed $41,944,000: Provided further, That
[[Page S9040]]
within the amounts appropriated, $97,565,000 shall be used
for the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That none of the funds within the Fisheries
Enforcement Asset Forfeiture Fund shall be available for
obligation until the Administrator of NOAA completes a
comprehensive independent audit of the fund's assets and
related transactions, defines precisely what monies
constitute fund assets, states how the fund will comply with
all applicable laws, and receives approval from the
Committees on Appropriations for its spend plan: Provided
further, That the Administrator shall identify and account
for the Fisheries Enforcement Asset Forfeiture Fund as a
separate and distinct part of the agency's annual budget
submissions: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in
section 505 of this Act: Provided further, That in allocating
grants under sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, no coastal State shall
receive more than 5 percent or less than 1 percent of
increased funds appropriated over the previous fiscal year.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration (NOAA),
$2,002,219,000, to remain available until September 30, 2013,
except funds provided for construction of facilities which
shall remain available until expended: Provided, That of the
$2,009,219,000 provided for in direct obligations under this
heading, $2,002,219,000 is appropriated from the general fund
and $7,000,000 is provided from recoveries of prior year
obligations: Provided further, That no more than $22,000,000
of these funds may be used for administrative costs incurred
by NOAA's corporate staff and line office headquarters
offices: Provided further, That this $22,000,000 limitation
may be increased up to 5 percent, provided that the
Administrator of NOAA shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days in advance of the need with the reasons for
any proposed increase: Provided further, That any deviation
from the amounts designated for specific activities in the
explanatory statement accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That except to
the extent expressly prohibited by any other law, the
Department of Defense may delegate procurement functions
related to the National Polar-orbiting Operational
Environmental Satellite System to officials of the Department
of Commerce pursuant to section 2311 of title 10, United
States Code: Provided further, That within the amounts
appropriated, $6,575,000 shall be used for the projects, and
in the amounts, as specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the Secretary
of Commerce shall include in budget justification materials
that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget
of the President under section 1105(a) of title 31, United
States Code) an estimate for each NOAA Procurement,
Acquisition or Construction project having a total of more
than $5,000,000 and simultaneously the budget justification
shall include an estimate of the budgetary requirements for
each such project for each of the five subsequent fiscal
years: Provided further, That within the amounts
appropriated, $1,000,000 shall be transferred to the Office
of Inspector General for activities associated with carrying
out investigations and audits related to NOAA satellite
programs.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $80,000,000, to remain available
until September 30, 2012: Provided, That of the funds
provided herein the Secretary of Commerce may issue grants to
the States of Washington, Oregon, Idaho, Nevada, California,
and Alaska, and Federally-recognized tribes of the Columbia
River and Pacific Coast (including Alaska) for projects
necessary for conservation of salmon and steelhead
populations that are listed as threatened or endangered, or
identified by a State as at-risk to be so-listed, for
maintaining populations necessary for exercise of tribal
treaty fishing rights or native subsistence fishing, or for
conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of
Commerce: Provided further, That all funds shall be
allocated based on scientific and other merit principles and
shall not be available for marketing activities: Provided
further, That funds disbursed to States shall be subject to a
matching requirement of funds or documented in-kind
contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $250,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations,
Research, and Facilities'' account to offset the costs of
implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2011, obligations of direct loans
may not exceed $16,000,000 for Individual Fishing Quota loans
and not to exceed $59,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936: Provided, That
none of the funds made available under this heading may be
used for direct loans for any new fishing vessel that will
increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official reception and representation,
$64,595,000: Provided, That the Secretary, within 60 days of
enactment of this Act, shall provide a report to the
Committees on Appropriations that audits and evaluates all
decision documents and expenditures by the Bureau of the
Census as they relate to the 2010 and 2020 decennials:
Provided further, That of the amounts provided to the
Secretary within this account, $5,000,000 shall not become
available for obligation until the Secretary certifies to the
Committees on Appropriations that the Bureau of the Census
has followed and met all standards and best practices, and
all Office of Management and Budget guidelines related to
information technology projects and contract management.
renovation and modernization
For expenses necessary, including blast windows, for the
renovation and modernization of Department of Commerce
facilities, $5,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.) (as amended), $29,394,000.
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 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 Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104. Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 105. The requirements set forth by section 112 of
division B of Public Law 110-161 are hereby adopted by
reference.
[[Page S9041]]
Sec. 106. Notwithstanding any other law, the Secretary may
furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to
support the operation, maintenance, and improvement of space
that persons, firms or organizations are authorized pursuant
to the Public Buildings Cooperative Use Act of 1976 or other
authority to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance,
operation, and protection of which has been delegated to the
Secretary from the Administrator of General Services pursuant
to the Federal Property and Administrative Services Act of
1949, as amended, on a reimbursable or non-reimbursable
basis. Amounts received as reimbursement for services
provided under this section or the authority under which the
use or occupancy of the space is authorized, up to $200,000,
shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 107. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 108. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory or
possession, or of any political subdivision thereof, or of
any foreign government or international organization for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 109. (a) The Secretary of State shall ensure
participation in the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and
Central Pacific Ocean (``Commission'') and its subsidiary
bodies by American Samoa, Guam, and the Northern Mariana
Islands (collectively, the U.S. Participating Territories) to
the same extent provided to the territories of other nations.
(b) The U.S. Participating Territories are each authorized
to use, assign, and allocate catch limits of highly migratory
fish stocks, or fishing effort limits, agreed to by the
Commission for the participating territories of the
Convention for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific
Ocean, through arrangements with U.S. vessels with permits
issued under the Pelagic Fishery Management Plan of the
Western Pacific Region. Vessels under such arrangements are
integral to the domestic fisheries of the U.S. Participating
Territories, provided that such arrangements are funded by
deposits to the Western Pacific Sustainable Fisheries Fund in
support of fisheries development projects identified in a
Territory's Marine Conservation Plan and adopted pursuant to
section 204 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1824). The Secretary of Commerce
shall attribute catches made by vessels operating under such
arrangements to the U.S. Participating Territories for the
purposes of annual reporting to the Commission.
(c) The Western Pacific Regional Fisheries Management
Council--
(1) is authorized to accept and deposit into the Western
Pacific Sustainable Fisheries Fund funding for arrangements
pursuant to subsection (b);
(2) shall use amounts deposited under paragraph (1) that
are attributable to a particular U.S. Participating Territory
only for implementation of that Territory's Marine
Conservation Plan adopted pursuant to section 204 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1824); and
(3) shall recommend an amendment to the Pelagics Fishery
Ecosystem Plan for the Western Pacific Region, and associated
regulations, to implement this section.
(d) Subsection (b) shall remain in effect until such time
as--
(1) the Western Pacific Regional Fishery Management Council
recommends an amendment to the Pelagics Fishery Ecosystem
Plan for the Western Pacific Region, and implementing
regulations, to the Secretary of Commerce that authorize use,
assignment, and allocation of catch limits of highly
migratory fish stocks, or fishing effort limits, established
by the Commission and applicable to U.S. Participating
Territories;
(2) the Secretary of Commerce approves the amendment; and
(3) such implementing regulations become effective.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2011''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $145,565,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended:
Provided, That the Attorney General is authorized to transfer
funds appropriated within General Administration to any
office in this account: Provided further, That $32,701,000 is
for Department Leadership; $10,402,000 is for
Intergovernmental Relations/External Affairs; $13,477,000 is
for Executive Support/Professional Responsibility; and
$88,985,000 is for the Justice Management Division: Provided
further, That any change in amounts specified in the
preceding proviso greater than 5 percent shall be submitted
for approval to the House and Senate Committees on
Appropriations consistent with the terms of section 505 of
this Act: Provided further, That this transfer authority is
in addition to transfers authorized under section 505 of this
Act.
national drug intelligence center
For necessary expenses of the National Drug Intelligence
Center, including reimbursement of Air Force personnel for
the National Drug Intelligence Center to support the
Department of Defense's counter-drug intelligence
responsibilities, $44,580,000: Provided, That the National
Drug Intelligence Center shall maintain the personnel and
technical resources to provide timely support to law
enforcement authorities and the intelligence community by
conducting document and computer exploitation of materials
collected in Federal, State, and local law enforcement
activity associated with counter-drug, counterterrorism, and
national security investigations and operations.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $124,585,000, to remain available until expended,
of which not less than $21,132,000 is for the Unified
Financial Management System.
law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law
enforcement communications, and for the costs of operations
and maintenance of existing Land Mobile Radio legacy systems,
$207,727,000, to remain available until expended: Provided,
That the Attorney General shall transfer to this account all
funds made available to the Department of Justice for the
purchase of portable and mobile radios: Provided further,
That any transfer made under the preceding proviso shall be
subject to section 505 of this Act.
Administrative Review and Appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$319,420,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee''
account.
Detention Trustee
For necessary expenses of the Federal Detention Trustee,
$1,533,863,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided
further, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to 18 U.S.C. 4013(b).
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$88,792,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $13,582,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $969,989,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated,
not to exceed $7,500 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 505 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
of the amount appropriated, such sums as may be necessary
shall be available to reimburse the Office of Personnel
Management for salaries and expenses associated with the
election monitoring program under section 8 of the Voting
Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That
of the amounts provided under this heading for the election
monitoring program $3,390,000, shall remain available until
expended.
[[Page S9042]]
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $7,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $167,028,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $96,000,000 in fiscal year 2011), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2011, so as to result in a
final fiscal year 2011 appropriation from the general fund
estimated at $71,028,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,041,269,000: Provided, That of the total
amount appropriated, not to exceed $6,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That of the
amount provided under this heading, not less than $38,460,000
shall be used for salaries and expenses for assistant U.S.
Attorneys to carry out section 704 of the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248)
concerning the prosecution of offenses relating to the sexual
exploitation of children: Provided further, That of the
amount provided under this heading, not less than $31,965,000
is for prosecutions of serious crimes in Indian Country.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $236,435,000, to remain available
until expended and to be derived from the United States
Trustee System Fund: Provided, That notwithstanding any other
provision of law, deposits to the Fund shall be available in
such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other
provision of law, $231,435,000 of offsetting collections
pursuant to 28 U.S.C. 589a(b) shall be retained and used for
necessary expenses in this appropriation and shall remain
available until expended: Provided further, That the sum
herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2011,
so as to result in a final fiscal year 2011 appropriation
from the Fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,159,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended: Provided, That not to exceed
$10,000,000 may be made available for construction of
buildings for protected witness safesites: Provided further,
That not to exceed $3,000,000 may be made available for the
purchase and maintenance of armored and other vehicles for
witness security caravans: Provided further, That not to
exceed $11,000,000 may be made available for the purchase,
installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$12,606,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $20,990,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,180,534,000; of which not to exceed $6,000 shall
be available for official reception and representation
expenses; and of which not to exceed $10,000,000 shall remain
available until expended for information technology systems.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $26,625,000, to remain available until
expended; of which not less than $12,625,000 shall be
available for the costs of courthouse security equipment,
including furnishings, relocations, and telephone systems and
cabling.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the
National Security Division, $99,537,000; of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $574,319,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $8,089,597,000, of which
not to exceed $150,000,000 shall remain available until
expended: Provided, That not to exceed $153,750 shall be
available for official reception and representation expenses:
Provided further, That of the amount provided under this
heading, not less than $42,752,000 is for the investigation
of serious crimes in Indian Country.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of federally owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $130,589,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to 28 U.S.C. 530C; and expenses for conducting drug education
and training programs, including travel and related expenses
for participants in such programs and the distribution of
items of token value that promote the goals of such programs,
$2,088,176,000; of which not to exceed $75,000,000 shall
remain available until expended; and of which not to exceed
$75,000 shall be available for official reception and
representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings; and operation
and maintenance of secure work environment facilities and
secure networking capabilities; $41,941,000, to remain
available until expended.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, not to exceed $30,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $1,162,986,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18,
United States Code;
[[Page S9043]]
and of which not to exceed $20,000,000 shall remain available
until expended: Provided, That no funds appropriated herein
shall be available for salaries or administrative expenses in
connection with consolidating or centralizing, within the
Department of Justice, the records, or any portion thereof,
of acquisition and disposition of firearms maintained by
Federal firearms licensees: Provided further, That no funds
appropriated herein shall be used to pay administrative
expenses or the compensation of any officer or employee of
the United States to implement an amendment or amendments to
27 CFR 478.118 or to change the definition of ``Curios or
relics'' in 27 CFR 478.11 or remove any item from ATF
Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other agencies or Departments in fiscal year
2011: Provided further, That, beginning in fiscal year 2011
and thereafter, no funds appropriated under this or any other
Act may be used to disclose part or all of the contents of
the Firearms Trace System database maintained by the National
Trace Center of the Bureau of Alcohol, Tobacco, Firearms and
Explosives or any information required to be kept by
licensees pursuant to section 923(g) of title 18, United
States Code, or required to be reported pursuant to
paragraphs (3) and (7) of such section 923(g), except to: (1)
a Federal, State, local, or tribal law enforcement agency, or
a Federal, State, or local prosecutor; or (2) a foreign law
enforcement agency solely in connection with or for use in a
criminal investigation or prosecution; or (3) a Federal
agency for a national security or intelligence purpose;
unless such disclosure of such data to any of the entities
described in (1), (2) or (3) of this proviso would compromise
the identity of any undercover law enforcement officer or
confidential informant, or interfere with any case under
investigation; and no person or entity described in (1), (2)
or (3) shall knowingly and publicly disclose such data; and
all such data shall be immune from legal process, shall not
be subject to subpoena or other discovery, shall be
inadmissible in evidence, and shall not be used, relied on,
or disclosed in any manner, nor shall testimony or other
evidence be permitted based on the data, in a civil action in
any State (including the District of Columbia) or Federal
court or in an administrative proceeding other than a
proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms and Explosives to enforce the provisions of chapter
44 of such title, or a review of such an action or
proceeding; except that this proviso shall not be construed
to prevent: (A) the disclosure of statistical information
concerning total production, importation, and exportation by
each licensed importer (as defined in section 921(a)(9) of
such title) and licensed manufacturer (as defined in section
921(a)(10) of such title); (B) the sharing or exchange of
such information among and between Federal, State, local, or
foreign law enforcement agencies, Federal, State, or local
prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual
statistical reports on products regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, including total
production, importation, and exportation by each licensed
importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations: Provided further,
That no funds made available by this or any other Act shall
be expended to promulgate or implement any rule requiring a
physical inventory of any business licensed under section 923
of title 18, United States Code: Provided further, That no
funds under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name
or any personal identification code: Provided further, That
no funds authorized or made available under this or any other
Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of
such a license due to a lack of business activity, provided
that the applicant is otherwise eligible to receive such a
license, and is eligible to report business income or to
claim an income tax deduction for business expenses under the
Internal Revenue Code of 1986.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 591, of which 559 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $6,553,779,000:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $4,500 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2012: Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $269,733,000, to remain available until expended, of
which $75,000,000 shall be derived from available unobligated
balances previously appropriated under this heading, and of
which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation: Provided further, That
none of the funds provided under this heading in this or any
prior Act shall be available for the acquisition of any
facility that is to be used wholly or in part for the
incarceration or detention of any individual detained at
Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) (``the 2000 Act''); and the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''); and for related
victims services, $448,500,000, to remain available until
expended: Provided, That except as otherwise provided by law,
not to exceed 3 percent of
[[Page S9044]]
funds made available under this heading may be used for
expenses related to evaluation, training, and technical
assistance: Provided further, That of the amount provided
(which shall be by transfer for programs administered by the
Office of Justice Programs)--
(1) $198,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $30,000,000 is for transitional housing assistance
grants for victims of domestic violence, stalking or sexual
assault as authorized by section 40299 of the 1994 Act;
(3) $3,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women;
(4) $45,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act;
(5) $30,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(6) $37,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(7) $9,500,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(8) $50,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(9) $4,250,000 is for enhanced training and services to end
violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(10) $14,000,000 is for the safe havens for children
program, as authorized by section 1301 of the 2000 Act;
(11) $6,750,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(12) $3,000,000 is for an engaging men and youth in
prevention program, as authorized by section 41305 of the
1994 Act;
(13) $1,000,000 is for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act and
consistent with title I of the Adam Walsh Child Protection
and Safety Act of 2006;
(14) $3,500,000 is for services to advocate and respond to
youth, as authorized by section 41201 of the 1994 Act;
(15) $3,000,000 is for grants to assist children and youth
exposed to violence, as authorized by section 41303 of the
1994 Act;
(16) $3,000,000 is for the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(17) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(18) $2,500,000 is for the Supporting Teens through
Education and Protection program, as authorized by section
41204 of the 1994 Act;
(19) $3,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act;
(20) $500,000 is for the Office on Violence Against Women
to establish a national clearinghouse that provides training
and technical assistance on issues relating to sexual assault
of American Indian and Alaska Native women; and
(21) $500,000 is for the Office on Violence Against Women
to sponsor regional summits on violence against women in
Indian country for Department of Justice representatives,
local tribal advocates, law enforcement, and judges.
salaries and expenses
For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Office on Violence Against Women, $17,800,000.
Office of Justice Programs
research, evaluation and statistics
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violent
Crime Control and Law Enforcement Act of 1994 (``the 1994
Act''); the Juvenile Justice and Delinquency Prevention Act
of 1974 (``the 1974 Act''); the Missing Children's Assistance
Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of
2003 (Public Law 108-21); the Justice for All Act of 2004
(Public Law 108-405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the Victims of Child Abuse Act
of 1990 (Public Law 101-647); the Second Chance Act of 2007
(Public Law 110-199); the Victims of Crime Act of 1984
(Public Law 98-473); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248);
the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the PROTECT Our Children Act of 2008 (Public Law 110-
401); subtitle D of title II of the Homeland Security Act of
2002 (Public Law 107-296) (``the 2002 Act''); and other
programs, $340,000,000, to remain available until expended,
of which--
(1) $60,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $41,000,000 is for the
administration and redesign of the National Crime
Victimization Survey;
(2) $60,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act: Provided, That of the amounts provided under
this heading, $5,000,000 is transferred directly to the
National Institute of Standards and Technology's Office of
Law Enforcement Standards from the National Institute of
Justice for research, testing and evaluation programs;
(3) $1,000,000 is for an evaluation clearinghouse program;
(4) $15,000,000 is for grants to assist State and tribal
governments as authorized by the NICS Improvement Amendments
Act of 2007 (Public Law 110-180);
(5) $10,000,000 is for the National Criminal History
Improvement Program for grants to upgrade criminal records;
(6) $30,000,000 is for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(7) $3,000,000 is for grants to improve the stalking and
domestic violence database, as authorized by section 40602 of
the 1994 Act; and
(8) $161,000,000 is for DNA-related and forensic programs
and activities, of which--
(A) $151,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities including the purposes of section 2 of
the DNA Analysis Backlog Elimination Act of 2000 (the Debbie
Smith DNA Backlog Grant Program);
(B) $5,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412); and
(C) $5,000,000 is for Sexual Assault Forensic Exam Program
Grants as authorized by section 304 of Public Law 108-405.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); subtitle D of title II of
the Homeland Security Act of 2002 (Public Law 107-296) (``the
2002 Act''); the Second Chance Act of 2007 (Public Law 110-
199); the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (Public Law 110-403); the
Victims of Crime Act of 1984 (Public Law 98-473); and other
programs (including the Statewide Automated Victim
Notification program of the Bureau of Justice Assistance),
$1,651,780,000, to remain available until expended as
follows--
(1) $519,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
title I of the 1968 Act shall not apply for purposes of this
Act), of which $5,000,000 is for use by the National
Institute of Justice in assisting units of local government
to identify, select, develop, modernize, and purchase new
technologies for use by law enforcement, $2,000,000 is for a
program to improve State and local law enforcement
intelligence capabilities including antiterrorism training
and training to ensure that constitutional rights, civil
liberties, civil rights, and privacy interests are protected
throughout the intelligence process, $6,000,000 is for a
State and local assistance help desk and diagnostic center
program, and $7,000,000 is for necessary expenses to carry
out the activities of the National Criminal Justice
Commission, as authorized by section 542 of this Act;
(2) $300,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $20,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the
prosecution of criminal cases declined by local offices of
the United States Attorneys;
(4) $199,780,000 for discretionary grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation), which shall be used for the
projects, and in the amounts, as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(5) $35,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation);
(6) $2,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient
[[Page S9045]]
Alert Program (section 240001 of the 1994 Act);
(7) $15,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164:
Provided, That no less than $6,700,000 shall be for victim
services grants for foreign national victims of trafficking;
(8) $50,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(9) $10,000,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79);
(10) $25,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(11) $12,500,000 for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law
108-405, and for grants for wrongful conviction review;
(12) $12,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(13) $100,000,000 for assistance to Indian tribes:
Provided, That section 20109(a), in subtitle A of title II of
the 1994 Act, shall not apply to amounts appropriated in this
or any other Act;
(14) $23,000,000 for grants to prevent, investigate,
prosecute, and otherwise combat economic, high technology and
Internet crime, including as authorized by section 401 of
Public Law 110-403;
(15) $3,500,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(16) $100,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199);
(17) $20,000,000 for activities related to comprehensive
criminal justice reform and recidivism reduction efforts;
(18) $10,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(19) $5,000,000 for the Northern Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for the costs associated with the
prosecution of criminal cases declined by local offices of
the United States Attorneys;
(20) $5,000,000 for an initiative to assist and support
evidence-based policing;
(21) $3,000,000 for technical and other targeted assistance
to improve the functioning of the criminal justice system;
(22) $5,000,000 for a justice information-sharing and
technology program;
(23) $20,000,000 for activities authorized by the Adam
Walsh Act;
(24) $25,000,000 for an initiative relating to children
exposed to violence;
(25) $30,000,000 for an Edward Byrne Memorial criminal
justice innovation program;
(26) $5,000,000 for sex offender management assistance as
authorized by the Adam Walsh Act and the Violent Crime
Control Act of 1994 (Public Law 103-322);
(27) $25,000,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(28) $1,000,000 for the National Sex Offender Public
Website;
(29) $10,000,000 for the Statewide Victim Notification
System program of the Bureau of Justice Assistance;
(30) $40,000,000 for regional information sharing
activities, as authorized by part M of title I of the 1968
Act;
(31) $10,000,000 for a program to improve State, local, and
tribal probation supervision efforts and strategies;
(32) $6,000,000 for a program to prosecute, prevent, and
otherwise combat hate crimes, including related research, of
which $5,000,000 is for investigation and prosecution
assistance grants and $1,000,000 is for a hate crimes
training program; and
(33) $5,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products:
Provided, That if a unit of local government uses any of the
funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform nonadministrative public
sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162); the Missing
Children's Assistance Act (42 U.S.C. 5771 et seq.); the
Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Victims of Child Abuse Act of 1990 (Public Law 101-
647) (``the 1990 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248); the PROTECT Our
Children Act of 2008 (Public Law 110-401); and other juvenile
justice programs, $506,040,000, to remain available until
expended as follows--
(1) $72,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process;
(2) $73,240,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act, which shall be used for
the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(3) $100,000,000 for youth mentoring grants;
(4) $80,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $40,000,000 shall be for the Tribal Youth Program;
(B) $15,000,000 shall be for gang and youth violence
education and prevention and related activities; and
(C) $25,000,000 shall be for grants of $360,000 to each
State and $4,840,000 shall be available for discretionary
grants, for programs and activities to enforce State laws
prohibiting the sale of alcoholic beverages to minors or the
purchase or consumption of alcoholic beverages by minors, for
prevention and reduction of consumption of alcoholic
beverages by minors, and for technical assistance and
training;
(5) $22,500,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(6) $45,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of title I of the 1968
Act and Guam shall be considered a State;
(7) $20,000,000 for community-based violence prevention
initiatives;
(8) $5,000,000 for a juvenile delinquency court improvement
program;
(9) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(10) $2,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act;
(11) $70,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act; and
(12) $800,000 for a disproportionate minority contact
evaluation and pilot program:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act, or by sections 217 and 222 of the 1990 Act, or to
missing and exploited children programs.
public safety officer benefits
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs, which amounts shall be paid
to the ``Salaries and Expenses'' account), to remain
available until expended; and in addition, $16,300,000 for
payments authorized by section 1201(b) of such Act and for
educational assistance authorized by section 1218 of such
Act, to remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for such disability and education
payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available
appropriations for the current fiscal year for the Department
of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
salaries and expenses
For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Office of Justice Programs, $167,500,000: Provided, That,
notwithstanding section 109 of title I of Public Law 90-351,
an additional amount, not to exceed $32,500,000 shall be
available for authorized activities of the Office of Audit,
Assessment, and Management.
Community Oriented Policing Services
community oriented policing services programs
(including transfers of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); and the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162),
$542,070,000, to remain available until expended: Provided,
That any balances made available through prior year
deobligations shall only be available in accordance with
section 505 of this Act. Of the amount provided:
(1) $30,000,000 is for improving tribal law enforcement,
including hiring, equipment, training, and anti-
methamphetamine activities;
[[Page S9046]]
(2) $18,000,000 is for a national grant program the purpose
of which is to assist State and local law enforcement to
locate, arrest and prosecute child sexual predators and
exploiters, and to enforce sex offender registration laws
described in section 1701(b) of the 1968 Act;
(3) $15,000,000 is for expenses authorized by part AA of
the 1968 Act (Secure our Schools);
(4) $363,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section and notwithstanding 42 U.S.C. 3796dd-3(c): Provided,
That subsection (g) of the 1968 Act (42 U.S.C. 3796dd) shall
not apply with respect to funds appropriated in this Act:
Provided further, That within the amounts appropriated,
$42,000,000 shall be transferred to the Tribal Resources
Grant Program for improving tribal law enforcement: Provided
further, That within the amounts appropriated, up to
$30,000,000 is available for the hiring or rehiring of
officers who will be assigned to Internet Crimes Against
Children Task Forces: Provided further, That within the
amounts appropriated, $26,000,000 is for community policing
development activities;
(5) $17,185,000 is for grants to entities described in
section 1701 of title I of the 1968 Act, to address public
safety and methamphetamine manufacturing, sale, and use in
hot spots as authorized by section 754 of Public Law 109-177,
and for other anti-methamphetamine-related activities:
Provided, That within the amounts appropriated, $7,185,000
shall be used for the projects, and in the amounts, as
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That within the amounts appropriated,
$10,000,000 shall be transferred to the Drug Enforcement
Administration upon enactment of this Act; and
(6) $98,885,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment: Provided, That
within the amounts appropriated, $97,385,000 shall be used
for the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That of the amounts provided under this heading,
$1,500,000 is transferred directly to the National Institute
of Standards and Technology's Office of Law Enforcement
Standards from the Community Oriented Policing Services
Office for research, testing, and evaluation programs.
salaries and expenses
For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Community Oriented Policing Services Office, $39,000,000.
General Provisions--department of Justice
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $56,250 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. The Attorney General is authorized to extend
through September 30, 2012, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of
2002, Public Law 107-296 (28 U.S.C. 599B) without limitation
on the number of employees or the positions covered.
Sec. 207. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau
of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply
without fiscal year limitation with respect to any undercover
investigative operation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives that is necessary for the detection
and prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic
equipment for inmate training, religious, or educational
programs.
Sec. 210. None of the funds made available under this
title shall be obligated or expended for Sentinel, or for any
other major new or enhanced information technology program
having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the
investment review board certify to the Committees on
Appropriations that the information technology program has
appropriate program management and contractor oversight
mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 211. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and accompanying statement, and to any reobligation, for
any purpose other than that of the program for which the
prior obligation was made, of deobligated balances of funds
provided under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of 28 U.S.C. 545.
Sec. 214. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this Act under the headings for
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'' (other than funds specifically
appropriated for discretionary grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime),
and ``Juvenile Justice Programs'' (other than funds
specifically appropriated for grants and projects, as
authorized by sections 261 and 262 of the Juvenile Justice
and Delinquency Prevention Act of 1974)--
(1) Up to 3 percent of funds made available for grant or
reimbursement programs may be used to provide training and
technical assistance; and
(2) Notwithstanding section 205 of this Act, up to 3
percent of funds made available for grant or reimbursement
programs under such headings, except for amounts appropriated
specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice
and the Bureau of Justice Statistics, may be transferred to
and merged with funds provided to the National Institute of
Justice and the Bureau of Justice Statistics, to be used by
them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
Sec. 215. The Attorney General may, upon request by a
grantee and based upon a determination of fiscal hardship,
waive the requirements of paragraph (1) of section 2976(g)
and the requirements of paragraphs (1) and (2) of section
2978(e), and the requirements of section 2904 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w(g)(1) and 42 U.S.C. 3797w-2(e)(1) and 42 U.S.C.
3797w-2(e)(2) and 42 U.S.C. 3797q-3) with respect to funds
appropriated in this or any other Act making appropriations
for fiscal years 2010 and 2011 for Adult and Juvenile
Offender State and Local Reentry Demonstration Projects,
State, Tribal and Local Reentry Courts, and the Prosecution
Drug Treatment Alternatives to Prison Program authorized
under parts CC and FF of such title of such Act of 1968.
Sec. 216. Section 530A of title 28, United States Code, is
hereby amended by replacing ``appropriated'' with ``used from
appropriations'', and by inserting ``(2),'' before ``(3)''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2011''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,100
[[Page S9047]]
for official reception and representation expenses, and
rental of conference rooms in the District of Columbia,
$6,990,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $5,005,600,000, to
remain available until September 30, 2012: Provided, That of
the funds provided under this heading, $15,000,000 shall be
available for a reimbursable agreement with the Department of
Energy for the re-establishment of facilities to produce fuel
required for radioisotope thermoelectric generators to enable
future science missions.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $579,600,000, to remain
available until September 30, 2012.
space research and technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space research and technology
development activities, including research, development,
operations, support, and services; maintenance; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$559,000,000, to remain available until September 30, 2012.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance; space flight, spacecraft
control, and communications activities; program management,
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $3,706,000,000, to
remain available until September 30, 2012: Provided, That not
less than $300,000,000 shall be for commercial cargo
development, not less than $250,000,000 shall be for
commercial crew, not less than $1,800,000,000 shall be for
the heavy lift launch vehicle system, and not less than
$1,200,000,000 shall be for the multipurpose crew vehicle:
Provided further, That the initial lift capability for the
heavy lift launch vehicle system shall be not less than 130
tons and that the upper stage and other core elements shall
be developed simultaneously.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support, and services; maintenance; space flight,
spacecraft control and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$5,247,900,000, to remain available until September 30, 2012:
Provided, That of the amounts provided under this heading,
$989,100,000 shall be for Space Shuttle operations,
production, research, development, and support,
$2,745,000,000 shall be for International Space Station
operations, production, research, development, and support,
and $688,800,000 shall be for Space and Flight Support:
Provided further, That should the Administrator determine
that the Smithsonian Institution is an appropriate venue for
an orbiter, such orbiter shall be made available to the
Smithsonian at no or nominal cost: Provided further, That
any funds received by National Aeronautics and Space
Administration (NASA) as a result of the disposition of any
orbiter shall be available only as provided in subsequent
appropriations Acts: Provided further, That funds made
available under this heading in excess of those specified for
Space Shuttle, International Space Station, and Space and
Flight support may be transferred to ``Construction and
Environmental Compliance and Restoration'' for construction
activities only at NASA owned facilities: Provided further,
That funds so transferred shall not be subject to section
505(a)(1) of this Act or to the transfer limitations
described in the Administrative Provisions in this Act for
NASA, and shall be available until September 30, 2015, only
after notification of such transfers to the Committees on
Appropriations.
education
For necessary expenses, not otherwise provided for, in
carrying out aerospace and aeronautical education research
and development activities, including research, development,
operations, support, and services; program management;
personnel and related costs, uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $180,000,000, to remain available
until September 30, 2012: Provided, That within the amounts
appropriated, $44,800,000 shall be for space grant
activities: Provided further, That of the funds provided for
space grant activities, none shall be available for National
Aeronautics and Space Administration administrative costs:
Provided further, That 42 U.S.C. 2467a is amended by adding
at the end thereof:
``(d) Availability of Funds.--The interest accruing from
the National Aeronautics and Space Administration Endeavor
Teacher Fellowship Trust Fund principal shall be available in
fiscal year 2011 for science, technology, engineering and
math teacher development.''.
cross agency support
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space research
and technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance;
space flight, spacecraft control, and communications
activities; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; travel expenses; purchase and hire of
passenger motor vehicles; not to exceed $52,500 for official
reception and representation expenses; and purchase, lease,
charter, maintenance, and operation of mission and
administrative aircraft, $3,085,700,000: Provided, That
$2,270,200,000 shall be available for center management and
operations: Provided further, That not less than $47,500,000
shall be available for independent verification and
validation activities: Provided further, That within the
amounts appropriated, $56,125,000 shall be used for the
projects, and in the amounts, as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
contracts may be entered into under this heading in fiscal
year 2011 for maintenance and operation of facilities, and
for other services, to be provided during the next fiscal
year.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration; $508,700,000, together with
$20,000,000 to be derived from available unobligated balances
previously appropriated for construction of facilities, to
remain available until September 30, 2015: Provided, That
within the funds provided, $40,500,000 shall be available to
support science research and development activities;
$109,800,000 shall be available to support exploration
research and development activities; $15,600,000 shall be
available to support space operations research and
development activities; $300,700,000 shall be available for
institutional construction of facilities; and $62,100,000
shall be available for environmental compliance and
restoration: Provided further, That proceeds from leases
entered into under the authorities contained in 42 U.S.C.
2459j and deposited into this account shall be available for
obligation for fiscal year 2011 in an amount not to exceed
$5,592,400.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$37,500,000.
administrative provisions
Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration (NASA) in this Act may be transferred
between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers. Balances
transferred may be merged with funds in the recipient account
and thereafter may be accounted for as one fund under the
same terms and conditions as the recipient account. Any
transfer pursuant to this provision shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The unexpired balances of previous accounts, for activities
for which funds are provided under this Act, may be
transferred to
[[Page S9048]]
the new accounts established in this Act that provide such
activity. Balances so transferred shall be merged with the
funds in the newly established accounts, but shall be
available under the same terms, conditions and period of time
as previously appropriated.
Funding designations and minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this title for NASA.
Of funds provided under the headings ``Space Operations''
and ``Exploration'' in this Act, up to $60,000,000 may be
transferred to ``Economic Development Assistance Programs,
Economic Development Administration, Department of
Commerce'', to spur regional economic growth in areas
impacted by Shuttle retirement and exploration programmatic
changes.
National Science Foundation
research and related activities
(including transfer of funds)
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $5,949,080,000, to remain available until
September 30, 2012, of which not to exceed $590,000,000 shall
remain available until expended for polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical
and other related activities for the United States Antarctic
program: Provided, That from funds specified in the fiscal
year 2011 budget request for icebreaking services,
$54,000,000 shall be transferred to the U.S. Coast Guard
``Operating Expenses'' within 60 days of enactment of this
Act: Provided further, That receipts for scientific support
services and materials furnished by the National Research
Centers and other National Science Foundation supported
research facilities may be credited to this appropriation:
Provided further, That not less than $156,000,000 shall be
available for activities authorized by section
7002(c)(2)(A)(iv) of Public Law 110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including authorized travel, $157,190,000,
to remain available until expended: Provided, That none of
the funds may be used to reimburse the Judgment Fund.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $900,000,000,
to remain available until September 30, 2012: Provided, That
not less than $55,000,000 shall be available until expended
for activities authorized by section 7030 of Public Law 110-
69, not less than $32,000,000 shall be available until
expended for the Historically Black Colleges and Universities
Undergraduate Program, and not less than $14,250,000 shall be
available until expended for the Tribal Colleges and
Universities Program.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861-1875); services authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; not to exceed
$6,900 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of
Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $319,190,000: Provided,
That contracts may be entered into under this heading in
fiscal year 2011 for maintenance and operation of facilities,
and for other services, to be provided during the next fiscal
year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C.
1880 et seq.), $4,840,000: Provided, That not to exceed
$2,100 shall be available for official reception and
representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $14,700,000.
This title may be cited as the ``Science Appropriations
Act, 2011''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,400,000:
Provided, That none of the funds appropriated in this
paragraph shall be used to employ in excess of four full-time
individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this
paragraph shall be used to reimburse Commissioners for more
than 75 billable days, with the exception of the chairperson,
who is permitted 125 billable days: Provided further, That
none of the funds appropriated in this paragraph shall be
used for any activity or expense that is not explicitly
authorized by 42 U.S.C. 1975a: Provided further, That there
shall be an Inspector General at the Commission on Civil
Rights who shall have the duties, responsibilities, and
authorities specified in the Inspector General Act of 1978,
as amended: Provided further, That an individual appointed to
the position of Inspector General of the Equal Employment
Opportunity Commission (EEOC) shall, by virtue of such
appointment, also hold the position of Inspector General of
the Commission on Civil Rights: Provided further, That the
Inspector General of the Commission on Civil Rights shall
utilize personnel of the Office of Inspector General of EEOC
in performing the duties of the Inspector General of the
Commission on Civil Rights, and shall not appoint any
individuals to positions within the Commission on Civil
Rights: Provided further, That of the amounts made available
in this paragraph, $900,000 shall be transferred directly to
the Office of Inspector General of EEOC upon enactment of
this Act for salaries and expenses necessary to carry out the
duties of the Inspector General of the Commission on Civil
Rights.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, the Civil Rights Act of 1991, the Genetic
Information Non-Discrimination Act (GINA) of 2008 (Public Law
110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public
Law 111-2), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); nonmonetary awards to private citizens,
$355,303,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $1,875 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations have been
notified of such proposals, in accordance with the
reprogramming requirements of section 505 of this Act:
Provided further, That the Chair is authorized to accept and
use any gift or donation to carry out the work of the
Commission.
state and local assistance
For payments to State and local enforcement agencies for
authorized services to the Commission, $30,000,000.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$1,875 for official reception and representation expenses,
$87,000,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$440,000,000, of which $410,650,000 is for basic field
programs and required independent audits; $4,350,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $20,000,000 is for management and grants
oversight; $4,000,000 is for client self-help and information
technology; and $1,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to
Washington, DC-based employees as authorized by 5 U.S.C.
5304, notwithstanding section 1005(d) of the Legal Services
Corporation Act, 42 U.S.C. 2996(d): Provided further, That
the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and
[[Page S9049]]
503 to 1997 and 1998 shall be deemed to refer instead to 2010
and 2011, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $3,500,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $48,000,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $93,000 shall be available for official reception and
representation expenses: Provided further, That negotiations
shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected
from antidumping and countervailing duties: Provided further,
That negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1984 (42 U.S.C. 10701 et seq.) $6,273,000, of which
$500,000 shall remain available until September 30, 2012:
Provided, That not to exceed $1,875 shall be available for
official reception and representation expenses.
Commission on Wartime Relocation and Internment of Latin Americans of
Japanese Descent
salaries and expenses
For necessary expenses to carry out the activities of the
Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent, as authorized by section 539
of this Act, $1,700,000.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2011, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
the reprogramming of funds that--
(1) creates or initiates a new program, project or
activity;
(2) eliminates a program, project or activity, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted by this Act, unless the House and Senate
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds;
(4) relocates an office or employees, unless the House and
Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(5) reorganizes or renames offices, programs or activities,
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds;
(7) proposes to use funds directed for a specific activity
by either the House or Senate Committee on Appropriations for
a different purpose, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(8) augments funds for existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10 percent as
approved by Congress, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds; or
(9) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects or activities as approved by
Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2011, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure, through the
reprogramming of funds after August 1, except in
extraordinary circumstances, and only after the House and
Senate Committees on Appropriations are notified 30 days in
advance of such reprogramming of funds.
Sec. 506. Hereafter, none of the funds made available in
this or any other Act may be used to implement, administer,
or enforce any guidelines of the Equal Employment Opportunity
Commission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the
Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 508. The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration, shall provide to the House and Senate
Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were
received by such agency during any previous fiscal year.
Sec. 509. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 510. 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.
Sec. 511. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more
than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law.
Sec. 512. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under
section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601) in any fiscal year in excess of $820,000,000 shall not
be available for obligation until the following fiscal year.
Sec. 513. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 516. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the
data.
[[Page S9050]]
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be
considered representative of the larger universe of all
firearms used by criminals, or any subset of that universe.
Firearms are normally traced to the first retail seller, and
sources reported for firearms traced do not necessarily
represent the sources or methods by which firearms in general
are acquired for use in crime.
Sec. 517. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
Web site maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the
costs of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant
or contract was awarded, such as a banquet or conference held
in connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(e) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 518. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on
claims directed to or encompassing a human organism.
Sec. 519. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 520. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 521. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 522. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 523. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act;
The National Security Act of 1947; USA PATRIOT Act; and the
laws amended by these Acts.
Sec. 524. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent, the program manager shall immediately inform the
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of
such increase, and shall include in such notice: the date on
which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken
to control future cost growth of the project; changes made in
the performance or schedule milestones and the degree to
which such changes have contributed to the increase in total
program costs or procurement costs; new estimates of the
total project or procurement costs; and a statement
validating that the project's management structure is
adequate to control total project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2011 until the enactment of the
Intelligence Authorization Act for fiscal year 2011.
Sec. 526. The Departments, agencies, and commissions
funded under this Act, shall establish and maintain on the
homepages of their Internet Web sites--
(1) direct links to the Internet Web sites of their Offices
of Inspectors General; and
(2) mechanisms on the Offices of Inspectors General Web
sites by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 527. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has
[[Page S9051]]
not, more than 90 days prior to certification, been notified
of any unpaid Federal tax assessment for which the liability
remains unsatisfied, unless the assessment is the subject of
an installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 528. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is
inconsistent with the principal negotiating objective of the
United States with respect to trade remedy laws to preserve
the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and
subsidies; or
(B) lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal trade
concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market access barriers.
Sec. 529. Section 504(a) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1996 (as contained in Public Law 104-134)
is amended by striking paragraph (7).
(rescissions)
Sec. 530. (a) Of the unobligated balances available to the
Foreign Fishing Observer Fund, $350,000 are hereby rescinded;
(b) Of the unobligated balances available to the Department
of Justice from prior appropriations, the following funds are
hereby rescinded, not later than September 30, 2011, from the
following accounts in the specified amounts--
(1) ``Legal Activities, Assets Forfeiture Fund'',
$850,000,000;
(2) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
Violent Crime Reduction Program'', $1,028,000;
(3) ``Office of Justice Programs'', $42,000,000;
(4) ``Community Oriented Policing Services'', $10,200,000;
(5) ``Working Capital Fund'', $20,000,000;
(6) ``Federal Bureau of Investigation, Salaries and
Expenses'', $57,000,000; and
(7) ``Detention Trustee'', $6,000,000.
(c) Of the unobligated balances available to the National
Aeronautics and Space Administration from prior year
appropriations under the heading ``Exploration'', $14,000,000
are hereby rescinded.
(d) Of the unobligated balances available to the Bureau of
the Census from prior year appropriations, $1,740,000,000
under the heading ``Periodic Censuses and Programs'' are
hereby rescinded.
(e) Within 30 days of enactment of this Act, the Department
of Justice, the National Aeronautics and Space
Administration, and the Department of Commerce shall submit
to the Committees on Appropriations of the House and Senate a
report specifying the amount of each rescission made pursuant
to this section.
(f) The rescissions contained in this section shall not
apply to funds provided in this Act.
Sec. 531. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 532. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
single conference occurring outside the United States. This
provision shall not apply to law enforcement training and/or
operational conferences for law enforcement personnel when
the majority of Federal employees in attendance are law
enforcement personnel stationed outside the United States.
Sec. 533. None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 534. To the extent practicable, funds made available
in this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 535. None of the funds made available in this Act may
be used to relocate the Bureau of the Census or employees
from the Department of Commerce to the jurisdiction of the
Executive Office of the President.
Sec. 536. (a) The head of any department, agency, board or
commission funded by this Act shall submit quarterly reports
to the Inspector General for any entity without an inspector
general or the senior ethics official of the appropriate
department, agency, board or commission regarding the costs
and contracting procedures relating to each conference held
by the department, agency, board or commission during fiscal
year 2011 for which the cost to the Government was more than
$20,000.
(b) Each report submitted under subsection (a) shall
include, for each conference described in that subsection
held during the applicable quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to determine which
costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive basis
for that conference; and
(B) a discussion of any cost comparison conducted by the
department, agency, board or commission in evaluating
potential contractors for that conference.
Sec. 537. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, and the
National Science Foundation shall provide to the House and
Senate Committees on Appropriations an annual report, by
September 30, 2011, and annually thereafter, on the progress
toward achieving the sustainability goals and targets
described in Executive Order 13514.
Sec. 538. (a) Of the amounts appropriated for grants and
projects, as authorized by sections 261 and 262 of the
Juvenile Justice and Delinquency Prevention Act of 1974,
under the heading ``Juvenile Justice Programs'' under the
major heading ``Office of Justice Programs'' under the
overarching heading ``State and Local Law Enforcement
Activities'' under division B, title II of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 581),
the amounts to be made available to Youth Alive, Inc. in
Louisville, Kentucky, for At-Risk Youths Crime Prevention
pursuant to the joint statement of managers accompanying that
Act shall be made available to the St. Stephen Family Life
Center in Louisville, Kentucky, for a youth mentoring
program.
(b) Of the amounts appropriated for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation), under the heading ``State
and Local Law Enforcement Assistance'' under the major
heading ``Office of Justice Programs'' under the overarching
heading ``State and Local Law Enforcement Activities'' under
division B, title II of the Consolidated Appropriations Act,
2010 (Public Law 111-117; 123 Stat. 3133), the amounts to be
made available to the Texas Engineering Extension Service in
San Marcos, Texas, for the ALERRT program pursuant to the
joint statement of managers accompanying that Act shall be
made available to Texas State University in San Marcos,
Texas, for the same purpose.
(c) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the heading ``Community Oriented Policing Services'' under
the overarching heading ``State and Local Law Enforcement
Activities'' under division B, title II of the Consolidated
Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
3137), the amounts to be made available to the Elgin Police
Department in Elgin, Illinois, for Police Car Video Recording
Replacement pursuant to the joint statement of managers
accompanying that Act shall be made available to the same
entity, for law enforcement technology.
(d) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the heading ``Community Oriented Policing Services''under the
overarching heading ``State and Local Law Enforcement
Activities'' under division B, title II of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 583),
the amounts to be made available to the City of Monroe, North
Carolina, for an In-Car Camera Project pursuant to the joint
statement of managers accompanying that Act shall be made
available to the same entity, for an interoperable radio
project.
(e) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the major heading ``Community Oriented Policing Services''
under the overarching heading ``State and Local Law
Enforcement Activities'' under division B, title II of the
Consolidated Appropriations Act, 2010 (Public Law 111-117;
123 Stat. 3137), the amounts to be made available to the
Beaver County Sheriff in Beaver, Pennsylvania, for Law
Enforcement Technology and Equipment pursuant to the joint
statement of managers accompanying that Act shall be
transferred to the appropriation for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation) under the heading ``State
and Local Law Enforcement Assistance'', under the major
heading ``Office of Justice Programs'' under the same
overarching heading, for the same entity, for the same
purpose.
(f) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the major heading ``Community Oriented Policing Services''
under the overarching heading ``State and Local Law
Enforcement Activities'' under division B, title II of the
Consolidated Appropriations Act, 2010 (Public Law 111-117;
123 Stat. 3137), the amounts to be made available to the
Lawrence County Sheriff in New Castle, Pennsylvania, for Law
Enforcement Technology and Equipment
[[Page S9052]]
pursuant to the joint statement of managers accompanying that
Act shall be transferred to the appropriation for
discretionary grants to improve the functioning of the
criminal justice system, to prevent or combat juvenile
delinquency, and to assist victims of crime (other than
compensation) under the heading ``State and Local Law
Enforcement Assistance'', under the major heading ``Office of
Justice Programs'' under the same overarching heading, for
the same entity, for the same purpose.
(g) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the heading ``Community Oriented Policing Services'' under
the overarching heading ``State and Local Law Enforcement
Activities'' under division B, title II of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 583),
the amounts to be made available to the City of Green Bay,
Wisconsin, for a Police Department Drying Room pursuant to
the joint statement of managers accompanying that Act shall
be made available to the same entity, for forensics
equipment.
(h) Of the amounts appropriated for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation), under the heading ``State
and Local Law Enforcement Assistance'', under the major
heading ``Office of Justice Programs'', under the overarching
heading ``State and Local Law Enforcement Activities'', under
division B, title II of the Consolidated Appropriations Act,
2010 (Public Law 111-117, 123 Stat. 3133), the amounts to be
made available to the Montana Sheriffs and Peace Officers
Association in Helena, Montana, for the Montana Offender
Notification and Tracking System--Juvenile Justice System
(MONTS-JJS), pursuant to the joint explanatory statement of
the Committee of Conference accompanying that Act, shall be
made available, instead, for adult initiatives.
(i) Of the amounts appropriated for grants and projects, as
authorized by sections 261 and 262 of the Juvenile Justice
and Delinquency Prevention Act of 1974, under the heading
``Juvenile Justice Programs'', under the major heading
``Office of Justice Programs'', under the overarching heading
``State and Local Law Enforcement Activities'', under
division B, title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 581), the amounts to be made
available to the Self-Reliance Foundation in Washington, DC,
for a Latino Youth Gang Prevention Project pursuant to the
joint statement of managers accompanying that Act shall be
made available to Identity, Inc. in Gaithersburg, Maryland,
for the same purpose.
(j) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the heading ``Community Oriented Policing Services'', under
the overarching heading ``State and Local Law Enforcement
Activities'', under division B, title II of the Consolidated
Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
3137), the amounts to be made available to the Webb County
Sheriff in Laredo, Texas, for a South Texas Forensics
Laboratory pursuant to the joint statement of managers
accompanying that Act shall be made available to the same
entity, for South Texas emergency operations equipment.
(k) Of the amounts appropriated for grants and projects, as
authorized by sections 261 and 262 of the Juvenile Justice
and Delinquency Prevention Act of 1974, under the heading
``Juvenile Justice Programs'', under the major heading
``Office of Justice Programs'', under the overarching heading
``State and Local Law Enforcement Activities'', under
division B, title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 581), the amounts to be made
available to the Self-Reliance Foundation in Washington, DC,
for a Wake County Gang Prevention Partnership Spanish
Language Anti-Gang Campaign pursuant to the joint statement
of managers accompanying that Act shall be made available to
the Department of 4-H Youth Development and Family & Consumer
Sciences at North Carolina State University in Raleigh, North
Carolina, for the same purpose.
(l) Of the amounts appropriated for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation), under the heading ``State
and Local Law Enforcement Assistance'' under the major
heading ``Office of Justice Programs'' under the overarching
heading ``State and Local Law Enforcement Activities'', under
division B, title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 579), the amounts to be made
available to the Louisiana District Attorney's Association in
Baton Rouge, Louisiana, to support an early intervention
program for at-risk elementary students, pursuant to the
joint statement of managers accompanying that Act, shall be
made available to the University of Louisiana-Lafayette in
Lafayette, Louisiana, for the same purpose.
(m) Of the amounts appropriated for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation), under the heading ``State
and Local Law Enforcement Assistance'' under the major
heading ``Office of Justice Programs'', under the overarching
heading ``State and Local Law Enforcement Activities'', under
division B, title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 579), the amounts to be made
available to the City of Las Vegas, Nevada, for copper wire
theft prevention efforts, pursuant to the joint statement of
managers accompanying that Act, shall be made available to
the City of Las Vegas for the Shared Computer Operation for
Protection and Enforcement (SCOPE), Las Vegas, Nevada.
commission on wartime relocation and internment of latin americans of
japanese descent
Sec. 539. (a) Findings.--Based on a preliminary study
published in December 1982 by the Commission on Wartime
Relocation and Internment of Civilians, Congress finds the
following:
(1) During World War II, the United States--
(A) expanded its internment program and national security
investigations to conduct the program and investigations in
Latin America; and
(B) financed relocation to the United States, and
internment, of approximately 2,300 Latin Americans of
Japanese descent, for the purpose of exchanging the Latin
Americans of Japanese descent for United States citizens held
by Axis countries.
(2) Approximately 2,300 men, women, and children of
Japanese descent from 13 Latin American countries were held
in the custody of the Department of State in internment camps
operated by the Immigration and Naturalization Service from
1941 through 1948.
(3) Those men, women, and children either--
(A) were arrested without a warrant, hearing, or indictment
by local police, and sent to the United States for
internment; or
(B) in some cases involving women and children, voluntarily
entered internment camps to remain with their arrested
husbands, fathers, and other male relatives.
(4) Passports held by individuals who were Latin Americans
of Japanese descent were routinely confiscated before the
individuals arrived in the United States, and the Department
of State ordered United States consuls in Latin American
countries to refuse to issue visas to the individuals prior
to departure.
(5) Despite their involuntary arrival, Latin American
internees of Japanese descent were considered to be and
treated as illegal entrants by the Immigration and
Naturalization Service. Thus, the internees became illegal
aliens in United States custody who were subject to
deportation proceedings for immediate removal from the United
States. In some cases, Latin American internees of Japanese
descent were deported to Axis countries to enable the United
States to conduct prisoner exchanges.
(6) Approximately 2,300 men, women, and children of
Japanese descent were relocated from their homes in Latin
America, detained in internment camps in the United States,
and in some cases, deported to Axis countries to enable the
United States to conduct prisoner exchanges.
(7) The Commission on Wartime Relocation and Internment of
Civilians studied Federal actions conducted pursuant to
Executive Order 9066 (relating to authorizing the Secretary
of War to prescribe military areas). Although the United
States program of interning Latin Americans of Japanese
descent was not conducted pursuant to Executive Order 9066,
an examination of that extraordinary program is necessary to
establish a complete account of Federal actions to detain and
intern civilians of enemy or foreign nationality,
particularly of Japanese descent. Although historical
documents relating to the program exist in distant archives,
the Commission on Wartime Relocation and Internment of
Civilians did not research those documents.
(8) Latin American internees of Japanese descent were a
group not covered by the Civil Liberties Act of 1988 (50
U.S.C. App. 1989b et seq.), which formally apologized and
provided compensation payments to former Japanese Americans
interned pursuant to Executive Order 9066.
(b) Purpose.--The purpose of this section is to establish a
fact-finding Commission to extend the study of the Commission
on Wartime Relocation and Internment of Civilians to
investigate and determine facts and circumstances surrounding
the relocation, internment, and deportation to Axis countries
of Latin Americans of Japanese descent from December 1941
through February 1948, and the impact of those actions by the
United States, and to recommend appropriate remedies, if any,
based on preliminary findings by the original Commission and
new discoveries.
(c) Establishment of the Commission.--
(1) In general.--There is established the Commission on
Wartime Relocation and Internment of Latin Americans of
Japanese descent (referred to in this section as the
``Commission'').
(2) Composition.--The Commission shall be composed of 9
members, who shall be appointed not later than 60 days after
the date of enactment of this section, of whom--
(A) 3 members shall be appointed by the President;
(B) 3 members shall be appointed by the Speaker of the
House of Representatives, on the joint recommendation of the
majority leader of the House of Representatives and the
minority leader of the House of Representatives; and
(C) 3 members shall be appointed by the President pro
tempore of the Senate, on the
[[Page S9053]]
joint recommendation of the majority leader of the Senate and
the minority leader of the Senate.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment was made.
(4) Meetings.--
(A) First meeting.--The President shall call the first
meeting of the Commission not later than the later of--
(i) 60 days after the date of enactment of this section; or
(ii) 30 days after the date of enactment of legislation
making appropriations to carry out this section.
(B) Subsequent meetings.--Except as provided in
subparagraph (A), the Commission shall meet at the call of
the Chairperson.
(5) Quorum.--Five members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
(6) Chairperson and vice chairperson.--The Commission shall
elect a Chairperson and Vice Chairperson from among its
members. The Chairperson and Vice Chairperson shall serve for
the life of the Commission.
(d) Duties of the Commission.--
(1) In general.--The Commission shall--
(A) extend the study of the Commission on Wartime
Relocation and Internment of Civilians, established by the
Commission on Wartime Relocation and Internment of Civilians
Act--
(i) to investigate and determine facts and circumstances
surrounding the United States' relocation, internment, and
deportation to Axis countries of Latin Americans of Japanese
descent from December 1941 through February 1948, and the
impact of those actions by the United States; and
(ii) in investigating those facts and circumstances, to
review directives of the United States Armed Forces and the
Department of State requiring the relocation, detention in
internment camps, and deportation to Axis countries of Latin
Americans of Japanese descent; and
(B) recommend appropriate remedies, if any, based on
preliminary findings by the original Commission and new
discoveries.
(2) Report.--Not later than 1 year after the date of the
first meeting of the Commission pursuant to subsection
(c)(4)(A), the Commission shall submit a written report to
Congress, which shall contain findings resulting from the
investigation conducted under paragraph (1)(A) and
recommendations described in paragraph (1)(B).
(e) Powers of the Commission.--
(1) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the
purpose of carrying out this section--
(A) hold such public hearings in such cities and countries,
sit and act at such times and places, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such subcommittee or member considers
advisable; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or
member considers advisable.
(2) Issuance and enforcement of subpoenas.--
(A) Issuance.--Subpoenas issued under paragraph (1) shall
bear the signature of the Chairperson of the Commission and
shall be served by any person or class of persons designated
by the Chairperson for that purpose.
(B) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under paragraph (1), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may
issue an order requiring such person to appear at any
designated place to testify or to produce documentary or
other evidence. Any failure to obey the order of the court
may be punished by the court as a contempt of that court.
(3) Witness allowances and fees.--Section 1821 of title 28,
United States Code, shall apply to witnesses requested or
subpoenaed to appear at any hearing of the Commission. The
per diem and mileage allowances for witnesses shall be paid
from funds available to pay the expenses of the Commission.
(4) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to perform
its duties. Upon request of the Chairperson of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(f) Personnel and Administrative Provisions.--
(1) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate the employment of such personnel as may
be necessary to enable the Commission to perform its duties.
(B) Compensation.--The Chairperson of the Commission may
fix the compensation of the personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for the personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(6) Other administrative matters.--The Commission may--
(A) enter into agreements with the Administrator of General
Services to procure necessary financial and administrative
services;
(B) enter into contracts to procure supplies, services, and
property; and
(C) enter into contracts with Federal, State, or local
agencies, or private institutions or organizations, for the
conduct of research or surveys, the preparation of reports,
and other activities necessary to enable the Commission to
perform its duties.
(g) Termination.--The Commission shall terminate 90 days
after the date on which the Commission submits its report to
Congress under subsection (d)(2).
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section.
(2) Availability.--Any sums appropriated under the
authorization contained in this subsection shall remain
available, without fiscal year limitation, until expended.
Sec. 540. (a) Using funds appropriated to the Legal
Services Corporation (``Corporation'') in this Act, the
Corporation shall comply with, and ensure that recipients and
recipient attorneys comply with, the corresponding
recommendations contained in the provisions of--
(1) the report entitled ``Governance and Accountability
Practices Need to Be Modernized and Strengthened'', GAO-07-
993, issued August 2007 by the Government Accountability
Office;
(2) the report entitled ``Improved Internal Controls Needed
in Grants Management and Oversight'', GAO-08-37, issued
December 2007 by the Government Accountability Office;
(3) the report entitled ``Selected Internal Controls at
Legal Services NYC'', Report No. AU09-01, issued December 11,
2008 by the Office of Inspector General of the Corporation;
(4) the report entitled ``Selected Internal Controls at
Legal Aid and Defender Association, Inc.'', Report No. AU09-
02, issued February 5, 2009 by that Office of Inspector
General;
(5) the report entitled ``Selected Internal Controls at
California Indian Legal Services'', Report No. AU09-03,
issued March 27, 2009 by that Office of Inspector General;
(6) the report entitled ``Selected Internal Controls at
Legal Assistance Foundation of Metropolitan Chicago'', Report
No. AU08-05, issued September 30, 2008 by that Office of
Inspector General;
(7) the report entitled ``Selected Internal Controls at
Philadelphia Legal Assistance Center'', Report No. AU08-04,
issued August 14, 2008 by that Office of Inspector General;
(8) the report entitled ``Legal Services Corporation FY
2008 Financial Statement Audit Report'', issued January 28,
2009 by that Office of Inspector General;
(9) the report entitled ``Audit of Legal Services
Corporation's Consultant Contract'', Report No. AU09-05,
issued July 7, 2009 by that Office of Inspector General;
(10) the report entitled ``Selected Internal Controls at
Legal Aid of Northwest Texas'', Report No. AU09-06, issued
August 10, 2009 by that Office of Inspector General; and
(11) the report entitled ``Protocol for the Acceptance and
Use of Private Contributions to LSC'', issued August 2008 by
the Audit Committee of the Board of Directors of the
Corporation.
(b) The Corporation may not expend $5,000,000 of the funds
described in subsection (a) until the President and the
Chairman submit the certification described in subsection
(c).
(c) The President and the Chairman shall, not later than 30
days after enactment of this Act, determine whether the
Corporation has met the requirements of subsection (a). The
President and the Chairman shall make
[[Page S9054]]
the determination based on the standards, best management
practices, and guidelines in the provisions described in
subsection (a). If the President and the Chairman determine
that the Corporation has met the requirements, the President
and the Chairman shall submit a certification to the
Committee on Appropriations of the House of Representatives,
and the Committee on Appropriations of the Senate. Upon the
President's and the Chairman's joint submission of the
certification, the Corporation may expend the amount
described in subsection (b).
(d) In this section, the terms ``Corporation'' and
``recipient'' have the meanings given the terms in section
1002 of the Legal Services Corporation Act (42 U.S.C. 2996a).
(e) In this section, the terms ``President'' and
``Chairman'' refer to the President of the Legal Services
Corporation and the Chairman of the Board of the Legal
Services Corporation.
Sec. 541. Chapter 85 of title 18, United States Code, is
amended in section 1761--
(1) by striking ``non-Federal'' in subsection (c)(1);
(2) by redesignating subsection (d) as subsection (e); and
(3) by adding after subsection (c) the following new
subsection:
``(d) This chapter shall not apply to goods, wares, or
merchandise manufactured, produced, mined or assembled by
convicts or prisoners who are participating in any pilot
project approved by the Federal Prison Industries Board of
Directors, which are currently, or would otherwise be,
manufactured, produced, mined, or assembled outside the
United States.''.
national criminal justice commission act of 2010
Sec. 542. (a) Short Title.--This section may be cited as
the ``National Criminal Justice Commission Act of 2010''.
(b) Findings.--Congress finds that--
(1) it is in the interest of the Nation to establish a
commission to undertake a comprehensive review of the
criminal justice system;
(2) there has not been a comprehensive study since the
President's Commission on Law Enforcement and Administration
of Justice was established in 1965;
(3) that commission, in a span of 18 months, produced a
comprehensive report entitled ``The Challenge of Crime in a
Free Society,'' which contained 200 specific recommendations
on all aspects of the criminal justice system involving
Federal, State, tribal, and local governments, civic
organizations, religious institutions, business groups, and
individual citizens; and
(4) developments over the intervening 45 years require once
again that Federal, State, tribal, and local governments,
civic organizations, religious institutions, business groups,
and individual citizens come together to review evidence and
consider how to improve the criminal justice system.
(c) Establishment of Commission.--There is established a
commission to be known as the ``National Criminal Justice
Commission'' (referred to in this section as the
``Commission'').
(d) Purpose of the Commission.--The Commission shall
undertake a comprehensive review of the criminal justice
system, encompassing current Federal, State, local, and
tribal criminal justice policies and practices, and make
reform recommendations for the President, Congress, State,
local, and tribal governments.
(e) Review and Recommendations.--
(1) General review.--The Commission shall undertake a
comprehensive review of all areas of the criminal justice
system, including Federal, State, local, and tribal
governments' criminal justice costs, practices, and policies.
(2) Findings and recommendations.--After conducting a
review of the United States criminal justice system as
required by paragraph (1), the Commission shall make findings
regarding such review and recommendations for changes in
oversight, policies, practices, and laws designed to prevent,
deter, and reduce crime and violence, reduce recidivism,
improve cost-effectiveness, and ensure the interests of
justice at every step of the criminal justice system.
(3) Prior commissions.--The Commission shall take into
consideration the work of prior relevant commissions in
conducting its review.
(4) State and local government.--In making its
recommendations, the Commission should consider the financial
and human resources of State and local governments.
Recommendations shall not infringe on the legitimate rights
of the States to determine their own criminal laws or the
enforcement of such laws.
(5) Public hearings.--The Commission shall conduct public
hearings in various locations around the United States.
(6) Consultation with government and nongovernment
representatives.--
(A) In general.--The Commission shall--
(i) closely consult with Federal, State, local, and tribal
government and nongovernmental leaders, including State,
local, and tribal law enforcement officials, legislators,
public health officials, judges, court administrators,
prosecutors, defense counsel, victims' rights organizations,
probation and parole officials, criminal justice planners,
criminologists, civil rights and liberties organizations,
formerly incarcerated individuals, professional
organizations, and corrections officials; and
(ii) include in the final report required by paragraph (7)
summaries of the input and recommendations of these leaders.
(B) United states sentencing commission.--To the extent the
review and recommendations required by this section relate to
sentencing policies and practices for the Federal criminal
justice system, the Commission shall conduct such review and
make such recommendations in consultation with the United
States Sentencing Commission.
(7) Report.--
(A) Report.--Not later than 18 months after the first
meeting of the Commission, the Commission shall prepare and
submit a final report that contains a detailed statement of
findings, conclusions, and recommendations of the Commission
to Congress, the President, State, local, and tribal
governments.
(B) Goal of unanimity.--It is the sense of the Congress
that, given the national importance of the matters before the
Commission, the Commission should work toward unanimously
supported findings and recommendations.
(C) Public availability.--The report submitted under this
paragraph shall be made available to the public.
(D) Votes on recommendations in report.--Consistent with
paragraph (2), the Commission shall state the vote total for
each recommendation contained in its report to Congress.
(f) Membership.--
(1) In general.--The Commission shall be composed of 14
members, as follows:
(A) 1 member shall be appointed by the President, who shall
serve as co-chairman of the Commission;
(B) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Republican Party, in consultation with the leader of the
House of Representatives (majority or minority leader, as the
case may be) of the Republican Party, who shall serve as co-
chairman of the Commission;
(C) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party, in
consultation with the Democratic leadership of the Committee
on the Judiciary.
(D) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party, in
consultation with the Republican leadership of the Committee
on the Judiciary.
(E) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party, in consultation with the Republican
leadership of the Committee on the Judiciary.
(F) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party, in consultation with the Democratic
leadership of the Committee on the Judiciary.
(G) 2 members, who shall be State and local
representatives, shall be appointed by the President in
agreement with leader of the Senate (majority or minority
leader, as the case may be) of the Republican Party and the
leader of the House of Representatives (majority or minority
leader, as the case may be) of the Republican Party.
(H) 2 members, who shall be State and local
representatives, shall be appointed by the President in
agreement with leader of the Senate (majority or minority
leader, as the case may be) of the Democratic Party and the
leader of the House of Representatives (majority or minority
leader, as the case may be) of the Democratic Party.
(2) Membership.--
(A) Qualifications.--The individuals appointed from private
life as members of the Commission shall be individuals with
distinguished reputations for integrity and nonpartisanship
who are nationally recognized for expertise, knowledge, or
experience in such relevant areas as--
(i) law enforcement;
(ii) criminal justice;
(iii) national security;
(iv) prison and jail administration;
(v) prisoner reentry;
(vi) public health, including physical and sexual
victimization, drug addiction and mental health;
(vii) victims' rights;
(viii) civil liberties;
(ix) court administration;
(x) social services; and
(xi) State, local, and tribal government.
(B) Disqualification.--An individual shall not be appointed
as a member of the Commission if such individual possesses
any personal financial interest in the discharge of any of
the duties of the Commission.
(C) Terms.--Members shall be appointed for the life of the
Commission.
(3) Appointment; first meeting.--
(A) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.
(B) First meeting.--The Commission shall hold its first
meeting on the date that is 60 days after the date of
enactment of this Act, or not later than 30 days after the
date on which funds are made available for the Commission,
whichever is later.
(C) Ethics.--At the first meeting of the Commission, the
Commission shall draft appropriate ethics guidelines for
commissioners and staff, including guidelines relating to
conflict of interest and financial disclosure. The Commission
shall consult with the Senate and House Committees on the
Judiciary as a part of drafting the guidelines
[[Page S9055]]
and furnish the Committees with a copy of the completed
guidelines.
(4) Meetings; quorum; vacancies.--
(A) Meetings.--The Commission shall meet at the call of the
co-chairs or a majority of its members.
(B) Quorum.--Seven members of the Commission, including at
least 2 members chosen by either the senior member of the
Senate leadership of the Democratic Party, the senior member
of the leadership of the House of Representatives of the
Democratic Party, or the senior member of the Senate
leadership of the Democratic Party and the senior member of
the leadership of the House of Representatives of the
Democratic Party in agreement with the President and 2
members chosen by either the senior member of the Senate
leadership of the Republican Party, the senior member of the
leadership of the House of Representatives of the Republican
Party, or the senior member of the Senate leadership of the
Republican Party and the senior member of the leadership of
the House of Representatives of the Republican Party in
agreement with the President, shall constitute a quorum for
purposes of conducting business, except that 2 members of the
Commission shall constitute a quorum for purposes of
receiving testimony.
(C) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. If vacancies in the
Commission occur on any day after 45 days after the date of
the enactment of this Act, a quorum shall consist of a
majority of the members of the Commission as of such day, so
long as at least 1 Commission member chosen by a member of
each party, Republican and Democratic, is present.
(5) Actions of commission.--
(A) In general.--The Commission--
(i) shall act by resolution agreed to by a majority of the
members of the Commission voting and present; and
(ii) may establish panels composed of less than the full
membership of the Commission for purposes of carrying out the
duties of the Commission under this title--
(I) which shall be subject to the review and control of the
Commission; and
(II) any findings and determinations made by such a panel
shall not be considered the findings and determinations of
the Commission unless approved by the Commission.
(B) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairs of the
Commission, take any action which the Commission is
authorized to take pursuant to this section.
(g) Administration.--
(1) Staff.--
(A) Executive director.--The Commission shall have a staff
headed by an Executive Director. The Executive Director shall
be paid at a rate established for the Certified Plan pay
level for the Senior Executive Service under section 5382 of
title 5, United States Code.
(B) Appointment and compensation.--The co-chairs of the
Commission shall designate and fix the compensation of the
Executive Director and, in accordance with rules agreed upon
by the Commission, may appoint and fix the compensation of
such other personnel as may be necessary to enable the
Commission to carry out its functions, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed under
this paragraph may exceed the equivalent of that payable for
a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(C) Personnel as federal employees.--
(i) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(ii) Members of commission.--Clause (i) shall not be
construed to apply to members of the Commission.
(D) The compensation of commissioners.--Each member of the
Commission may be compensated at not to exceed the daily
equivalent of the annual rate of basic pay in effect for a
position at level V of the Executive Schedule under section
5315 of title 5, United States Code, for each day during
which that member is engaged in the actual performance of the
duties of the Commission. All members of the Commission who
are officers or employees of the United States , State, or
local government shall serve without compensation in addition
to that received for their services as officers or employees.
(E) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(2) Experts and consultants.--With the approval of the
Commission, the Executive Director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(3) Detail of government employees.--Upon the request of
the Commission, the head of any Federal agency may detail,
without reimbursement, any of the personnel of such agency to
the Commission to assist in carrying out the duties of the
Commission. Any such detail shall not interrupt or otherwise
affect the civil service status or privileges of the Federal
employee.
(4) Other resources.--The Commission shall have reasonable
access to materials, resources, statistical data, and other
information such Commission determines to be necessary to
carry out its duties from the Library of Congress, the
Department of Justice, the Office of National Drug Control
Policy, the Department of State, and other agencies of the
executive and legislative branches of the Federal Government.
The co-chairs of the Commission shall make requests for such
access in writing when necessary.
(5) Volunteer services.--Notwithstanding the provisions of
section 1342 of title 31, United States Code, the Commission
is authorized to accept and utilize the services of
volunteers serving without compensation. The Commission may
reimburse such volunteers for local travel and office
supplies, and for other travel expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of
title 5, United States Code. A person providing volunteer
services to the Commission shall be considered an employee of
the Federal Government in performance of those services for
the purposes of chapter 81 of title 5 of the United States
Code, relating to compensation for work-related injuries,
chapter 171 of title 28 of the United States Code, relating
to tort claims, and chapter 11 of title 18 of the United
States Code, relating to conflicts of interest.
(6) Obtaining official data.--The Commission may secure
directly from any agency of the United States information
necessary to enable it to carry out this section. Upon the
request of the co-chairs of the Commission, the head of that
department or agency shall furnish that information to the
Commission. The Commission shall not have access to sensitive
information regarding ongoing investigations.
(7) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(8) Administrative reporting.--The Commission shall issue
bi-annual status reports to Congress regarding the use of
resources, salaries, and all expenditures of appropriated
funds.
(9) Contracts.--The Commission is authorized to enter into
contracts with Federal and State agencies, private firms,
institutions, and individuals for the conduct of activities
necessary to the discharge of its duties and
responsibilities. A contract, lease or other legal agreement
entered into by the Commission may not extend beyond the date
of the termination of the Commission.
(10) Gifts.--Subject to existing law, the Commission may
accept, use, and dispose of gifts or donations of services or
property.
(11) Administrative assistance.--The Administrator of
General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its
responsibilities under this section. These administrative
services may include human resource management, budget,
leasing, accounting, and payroll services.
(12) Nonapplicability of faca and public access to meetings
and minutes.--
(A) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(B) Meetings and minutes.--
(i) Meetings.--
(I) Administration.--All meetings of the Commission shall
be open to the public, except that a meeting or any portion
of it may be closed to the public if it concerns matters or
information described in section 552b(c) of title 5, United
States Code. Interested persons shall be permitted to appear
at open meetings and present oral or written statements on
the subject matter of the meeting. The Commission may
administer oaths or affirmations to any person appearing
before it.
(II) Notice.--All open meetings of the Commission shall be
preceded by timely public notice in the Federal Register of
the time, place, and subject of the meeting.
(ii) Minutes and public availability.--Minutes of each open
meeting shall be kept and shall contain a record of the
people present, a description of the discussion that
occurred, and copies of all statements filed. The minutes and
records of all open meetings and other documents that were
made available to or prepared for the Commission shall be
available for public inspection and copying at a single
location in the offices of the Commission.
(13) Archiving.--Not later than the date of termination of
the Commission, all records and papers of the Commission
shall be delivered to the Archivist of the United States for
deposit in the National Archives.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for fiscal years 2011 and 2012 such sums are as necessary to
carry out the purposes of this section, not to exceed
$7,000,000 per year for each fiscal year, and not more than
$14,000,000 total. None of the funds appropriated under this
section may be utilized for international travel.
(2) Availability.--Any sums appropriated under the
paragraph (1) shall remain available, without fiscal year
limitation, until expended.
[[Page S9056]]
(i) Sunset.--The Commission shall terminate 60 days after
it submits its report to Congress.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2011''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $41,042,653,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $25,912,449,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$13,210,161,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $27,105,755,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$4,333,165,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,940,191,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $612,191,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$1,650,797,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under section 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $7,514,896,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $3,067,431,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes, $33,351,597,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $14,804,000 can be
used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Navy, and payments may be made on his certificate of
necessity for confidential military purposes,
$37,849,700,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $5,546,060,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $36,110,720,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $30,303,622,000: Provided, That not
more than $50,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $31,659,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $8,251,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds
[[Page S9057]]
described in the preceding proviso: Provided further, That
the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,840,427,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,344,264,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $275,484,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,291,027,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $6,504,424,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $5,969,267,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,068,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $464,581,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $304,867,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $502,653,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this
Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,744,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $316,546,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$108,032,000, to remain available until September 30, 2012.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of
Defense and Department of State, to countries outside of the
former Soviet Union, including assistance provided by
contract or by grants, for facilitating the elimination and
the safe and secure transportation and storage of nuclear,
chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and
weapon-related technology and expertise; for programs
relating to the training and support of defense and military
personnel for demilitarization and protection of weapons,
weapons components and weapons technology and expertise, and
for defense and military contacts, $522,512,000, to remain
available until
[[Page S9058]]
September 30, 2013: Provided, That of the amounts provided
under this heading, not less than $13,500,000 shall be
available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and
security enhancements for transport and storage of nuclear
warheads in the Russian Far East and North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $217,561,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$5,268,991,000, to remain available for obligation until
September 30, 2013.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,570,108,000, to remain available for obligation until
September 30, 2013.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,477,922,000, to remain available for
obligation until September 30, 2013.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,857,786,000, to remain available for obligation until
September 30, 2013.
Other Procurement, Army
(including transfer of funds)
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$8,204,605,000, to remain available for obligation until
September 30, 2013: Provided, That of the funds made
available in this paragraph, $15,000,000 shall be made
available to procure equipment, not otherwise provided for,
and may be transferred to other procurement accounts
available to the Department of the Army, and that funds so
transferred shall be available for the same purposes and the
same time period as the account to which transferred.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $17,473,588,000, to remain available
for obligation until September 30, 2013.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$3,236,157,000, to remain available for obligation until
September 30, 2013.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$790,527,000, to remain available for obligation until
September 30, 2013.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $1,721,969,000;
Carrier Replacement Program (AP), $908,313,000;
NSSN, $3,430,343,000;
NSSN (AP), $1,691,236,000;
CVN Refueling, $1,248,999,000;
CVN Refuelings (AP), $408,037,000;
DDG-1000 Program, $77,512,000;
DDG-51 Destroyer, $2,868,454,000;
DDG-51 Destroyer (AP), $47,984,000;
Littoral Combat Ship, $1,168,984,000;
Littoral Combat Ship (AP), $190,351,000;
LHA-R, $942,837,000;
Joint High Speed Vessel, $180,703,000;
Oceanographic Ships, $88,561,000;
LCAC Service Life Extension Program, $83,035,000;
Service Craft, $13,770,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $295,570,000.
In all: $15,366,658,000, to remain available for obligation
until September 30, 2015: Provided, That additional
obligations may be incurred after September 30, 2015, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards.
Other Procurement, Navy
(including transfer of funds)
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only, and the purchase of
seven vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; expansion of
public and private plants, including the land necessary
therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $5,833,683,000, to remain available
for obligation until September 30, 2013: Provided, That of
the funds made available in this paragraph, $15,000,000 shall
be made available to procure equipment, not otherwise
provided for, and may be transferred to
[[Page S9059]]
other procurement accounts available to the Department of the
Navy, and that funds so transferred shall be available for
the same purposes and the same time period as the account to
which transferred.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$1,238,036,000, to remain available for obligation until
September 30, 2013.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$12,528,779,000, to remain available for obligation until
September 30, 2013: Provided, That none of the funds provided
in this Act for modification of C-17 aircraft, Global Hawk
Unmanned Aerial Vehicle and F-22 aircraft may be obligated
until all C-17, Global Hawk and F-22 contracts funded with
prior year ``Aircraft Procurement, Air Force'' appropriated
funds are definitized unless the Secretary of the Air Force
certifies in writing to the congressional defense committees
that each such obligation is necessary to meet the needs of a
warfighting requirement or prevents increased costs to the
taxpayer, and provides the reasons for failing to definitize
the prior year contracts along with the prospective contract
definitization schedule: Provided further, That the Secretary
of the Air Force shall expand the current HH-60 Operational
Loss Replacement program to meet the approved HH-60
Recapitalization program requirements.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor, ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$5,430,764,000, to remain available for obligation until
September 30, 2013.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$735,487,000, to remain available for obligation until
September 30, 2013.
Other Procurement, Air Force
(including transfer of funds)
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only, and the purchase of two vehicles required for physical
security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $250,000
per vehicle; lease of passenger motor vehicles; and expansion
of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $17,598,331,000, to remain available for obligation
until September 30, 2013: Provided, That of the funds made
available in this paragraph, $15,000,000 shall be made
available to procure equipment, not otherwise provided for,
and may be transferred to other procurement accounts
available to the Department of the Air Force, and that funds
so transferred shall be available for the same purposes and
the same time period as the account to which transferred.
Procurement, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $4,042,241,000, to remain
available for obligation until September 30, 2013: Provided,
That of the funds made available in this paragraph,
$15,000,000 shall be made available to procure equipment, not
otherwise provided for, and may be transferred to other
procurement accounts available to the Department of Defense,
and that funds so transferred shall be available for the same
purposes and the same time period as the account to which
transferred.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$74,906,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $10,775,081,000, to remain
available for obligation until September 30, 2012.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $18,447,913,000, to remain
available for obligation until September 30, 2012: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided
further, That funds appropriated in this paragraph shall be
available for the Cobra Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $27,006,965,000, to remain
available for obligation until September 30, 2012.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $21,171,272,000, to
remain available for obligation until September 30, 2012:
Provided, That of the funds made available in this paragraph,
$3,200,000 shall only be available for program management and
oversight of innovative research and development.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $194,910,000, to remain available for obligation
until September 30, 2012.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,434,536,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $1,077,266,000, to remain available until
expended: Provided, That
[[Page S9060]]
none of the funds provided in this paragraph shall be used to
award a new contract that provides for the acquisition of any
of the following major components unless such components are
manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion
system components (engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes:
Provided further, That the exercise of an option in a
contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of
a new contract: Provided further, That the Secretary of the
military department responsible for such procurement may
waive the restrictions in the first proviso on a case-by-case
basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire
capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $31,460,770,000; of which $29,697,516,000
shall be for operation and maintenance, of which not to
exceed 1 percent shall remain available until September 30,
2012, and of which up to $16,212,121,000 may be available for
contracts entered into under the TRICARE program; of which
$534,921,000, to remain available for obligation until
September 30, 2013, shall be for procurement; and of which
$1,228,333,000, to remain available for obligation until
September 30, 2012, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $10,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions, to include construction of facilities,
in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapon stockpile,
$1,467,307,000, of which $1,067,364,000 shall be for
operation and maintenance, of which no less than
$111,178,000, shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $35,130,000 for
activities on military installations and $76,048,000, to
remain available until September 30, 2012, to assist State
and local governments; $7,132,000 shall be for procurement,
to remain available until September 30, 2013; and
$392,811,000, to remain available until September 30, 2012,
shall be for research, development, test and evaluation, of
which $385,868,000 shall only be for the Assembled Chemical
Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $1,207,877,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this
Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $306,794,000, of which
$305,794,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $1,000,000, to
remain available until September 30, 2013, shall be for
procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$292,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $649,732,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That, in the case of a host
nation that does not provide salary increases on an annual
basis, any increase granted by that nation shall be
annualized for the purpose of applying the preceding proviso:
Provided further, That this section shall not apply to
Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of
1980: Provided further, That the limitations of this
provision shall not apply to foreign national employees of
the Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2011: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried
out in the manner provided by such tables to the same extent
as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming
[[Page S9061]]
and transfer authorities for fiscal year 2011: Provided, That
the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8008. The Secretaries of the Air Force and the Army
are authorized, using funds available under the headings
``Operation and Maintenance, Air Force'' and ``Operation and
Maintenance, Army'', to complete facility conversions and
phased repair projects which may include upgrades and
additions to Alaskan range infrastructure and training areas,
and improved access to these ranges.
(transfer of funds)
Sec. 8009. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8010. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8011. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used
for a multiyear procurement contract as follows:
Navy MH-60R/S Helicopter Systems.
Sec. 8012. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8013. (a) During fiscal year 2011, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2012 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2012 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2012.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8014. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8015. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
Sec. 8016. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
[[Page S9062]]
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(transfer of funds)
Sec. 8017. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8018. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8021. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States
Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That
notwithstanding section 430 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8024. (a) Of the funds made available in this Act, not
less than $30,374,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $27,048,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $2,424,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $902,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8025. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2011 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2011,
not more than 5,750 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2012 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $125,000,000.
Sec. 8026. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8028. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
[[Page S9063]]
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8029. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2011. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8030. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8031. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8032. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8033. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2012 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2012 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2012 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8034. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2012: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2012.
Sec. 8035. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8036. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8037. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8038. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national
defense.
Sec. 8039. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the
[[Page S9064]]
effects of improvised explosive devices, and, as determined
by the Secretary of the Army, other similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8040. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement
other Federal funds in accordance with the guidance provided
in the explanatory statement regarding this Act.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2009/2011'', $86,300,000;
``Other Procurement, Army, 2009/2011'', $147,600,000;
``Aircraft Procurement, Navy, 2009/2011'', $26,100,000;
``Aircraft Procurement, Air Force, 2009/2011'',
$116,900,000;
``Aircraft Procurement, Army, 2010/2012'', $14,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2010/2012'', $36,000,000;
``Missile Procurement, Army, 2010/2012'', $9,171,000;
``Aircraft Procurement, Navy, 2010/2012'', $184,847,000;
``Procurement of Ammunition, Navy and Marine Corps, 2010/
2012'', $11,576,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
2010/2014'': DDG-51 Destroyer, $22,000,000;
``Other Procurement, Navy, 2010/2012'', $9,042,000;
``Aircraft Procurement, Air Force, 2010/2012'',
$151,300,000;
``Other Procurement, Air Force, 2010/2012'', $36,600,000;
``Research, Development, Test and Evaluation, Army, 2010/
2011'', $53,500,000;
``Research, Development, Test and Evaluation, Air Force,
2010/2011'', $198,600,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
2010/2011'', $10,000,000.
Sec. 8042. None of the funds available in this Act may be
used to reduce the authorized positions for military
(civilian) technicians of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless such reductions are a direct
result of a reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8044. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing
in this section authorizes deviation from established Reserve
and National Guard personnel and training procedures.
Sec. 8045. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8046. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8047. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8048. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8049. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8050. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate are
notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following--
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8051. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8053. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that
[[Page S9065]]
there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under
the authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8055. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United
States anthracite as the base load energy for municipal
district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions
are included for the consideration of United States coal as
an energy source.
Sec. 8056. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8057. None of the funds made available in this Act
may be used to approve or license the sale of the F-22A
advanced tactical fighter to any foreign government:
Provided, That the Department of Defense may conduct or
participate in studies, research, design and other activities
to define and develop a future export version of the F-22A
that protects classified and sensitive information,
technologies and U.S. warfighting capabilities.
Sec. 8058. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8059. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces or police of a foreign country if the
Secretary of Defense has received credible information from
the Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by
extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8060. None of the funds appropriated or made
available in this Act to the Department of the Navy shall be
used to develop, lease or procure the T-AKE class of ships
unless the main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8061. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8062. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
30 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8063. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8064. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8065. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8066. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8067. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
Sec. 8068. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
[[Page S9066]]
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8069. Funds available to the Department of Defense
for the Global Positioning System during the current fiscal
year, and hereafter, may be used to fund civil requirements
associated with the satellite and ground control segments of
such system's modernization program.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $147,258,300
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8071. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to
apply to disbursements that are made by the Department of
Defense in fiscal year 2011.
Sec. 8072. In addition to amounts provided elsewhere in
this Act, $4,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs
of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$415,115,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $205,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, $84,722,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development
under the SRBMD program, $58,966,000 shall be available for
an upper-tier component to the Israeli Missile Defense
Architecture, and $66,427,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite, of which $12,000,000
shall be for producing Arrow missile components in the United
States and Arrow missile components in Israel to meet
Israel's defense requirements, consistent with each nation's
laws, regulations and procedures: Provided further, That
funds made available under this provision for production of
missiles and missile components may be transferred to
appropriations available for the procurement of weapons and
equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to
which transferred: Provided further, That the transfer
authority provided under this provision is in addition to any
other transfer authority contained in this Act.
Sec. 8074. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the
Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8075. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States
Code, for occupations listed in section 7403(a)(2) of title
38, United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory
Therapists, Speech Pathologists, Dietitian/Nutritionists,
Industrial Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, and Dental
Hygienists:
(A) The requirements of section 7403(g)(1)(A) of title 38,
United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
Sec. 8076. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2011 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2011.
Sec. 8077. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8078. In addition to funds made available elsewhere
in this Act, $5,500,000 is hereby appropriated and shall
remain available until expended to provide assistance, by
grant or otherwise (such as the provision of funds for
information technology and textbook purchases, professional
development for educators, and student transition support) to
public schools in states that are considered overseas
assignments with unusually high concentrations of special
needs military dependents enrolled: Provided, That up to 2
percent of the total appropriated funds under this section
shall be available for the administration and execution of
the programs and/or events that promote the purpose of this
appropriation: Provided further, That up to 5 percent of the
total appropriated funds under this section shall be
available to public schools that have entered into a military
partnership: Provided further, That $1,000,000 shall be
available for a nonprofit trust fund to assist in the public-
private funding of public school repair and maintenance
projects: Provided further, That $500,000 shall be available
to fund an ongoing special education support program in
public schools with unusually high concentrations of active
duty military dependents enrolled: Provided further, That to
the extent a Federal agency provides this assistance by
contract, grant, or otherwise, it may accept and expend non-
Federal funds in combination with these Federal funds to
provide assistance for the authorized purpose.
Sec. 8079. (a) In addition to the amounts provided
elsewhere in this Act, $3,200,000 is hereby appropriated to
the Department of Defense for ``Operation and Maintenance,
Army National Guard''. Such amount shall be made available to
the Secretary of the Army only to make a grant in the amount
of $3,200,000 to the entity specified in subsection (b) to
facilitate access by veterans to opportunities for skilled
employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center
for Military Recruitment, Assessment and Veterans Employment,
a nonprofit labor-management cooperation committee provided
for by section 302(c)(9) of the Labor-Management Relations
Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth
in section 6(b) of the Labor Management Cooperation Act of
1978 (29 U.S.C. 175a note).
Sec. 8080. The budget of the President for fiscal year
2012 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, and the Procurement accounts: Provided, That these
documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic
data including, but not limited to, troop strength for each
Active and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency:
Provided further, That these documents shall include budget
exhibits OP-5 and OP-32 (as defined in the Department of
Defense Financial Management Regulation) for all contingency
operations for the budget year and the two preceding fiscal
years.
Sec. 8081. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
(including transfer of funds)
Sec. 8082. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $65,200,000
is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make grants in
the amounts specified as follows: $20,000,000 to the United
Service Organizations; $24,000,000 to the Red Cross;
[[Page S9067]]
$1,200,000 to the Special Olympics; and $20,000,000 to the
Youth Mentoring Grants Program: Provided further, That funds
available in this section for the Youth Mentoring Grants
Program may be available for transfer to the Department of
Justice Youth Mentoring Grants Program.
Sec. 8083. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8084. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8085. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
(including transfer of funds)
Sec. 8086. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided, That
the Secretary may transfer not to exceed $100,000,000 under
the authority provided by this section: Provided further,
That the Secretary may not transfer any funds until 30 days
after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is
received sooner: Provided further, That any funds transferred
pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided
further, That the transfer authority provided by this section
is in addition to any other transfer authority contained
elsewhere in this Act.
Sec. 8087. For purposes of section 612 of title 41, United
States Code, any subdivision of appropriations made under the
heading ``Shipbuilding and Conversion, Navy'' that is not
closed at the time reimbursement is made shall be available
to reimburse the Judgment Fund and shall be considered for
the same purposes as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8088. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Sky Warrior Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8089. Of the funds provided in this Act, $7,080,000
shall be available for the operations and development of
training and technology for the Joint Interagency Training
and Education Center and the affiliated Center for National
Response at the Memorial Tunnel and for providing homeland
defense/security and traditional warfighting training to the
Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8090. Notwithstanding any other provision of law or
regulation, during the current fiscal year and hereafter, the
Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as
authorized for the Secretary of Veterans Affairs by section
7455 of title 38, United States Code.
Sec. 8091. Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8092. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2012.
Sec. 8093. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8094. Notwithstanding any other provision of law, not
more than 35 percent of funds provided in this Act for
environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract
value of $130,000,000 or higher.
Sec. 8095. The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning;
P-21, Production Schedule; and P-40, Budget Item
Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3,
RDT&E Project Cost Analysis; and R-4, RDT&E Program Schedule
Profile.
Sec. 8096. The Secretary of Defense shall create a major
force program category for space for each future-years
defense program of the Department of Defense submitted to
Congress under section 221 of title 10, United States Code,
during fiscal year 2011. The Secretary of Defense shall
designate an official in the Office of the Secretary of
Defense to provide overall supervision of the preparation and
justification of program recommendations and budget proposals
to be included in such major force program category.
Sec. 8097. (a) Not later than 60 days after enactment of
this Act, the Office of the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2011:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8098. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8099. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8100. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
New Dawn and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
Sec. 8101. The amounts appropriated in title II of this
Act are hereby reduced by $483,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows: From ``Operation and Maintenance, Army'',
$483,000,000.
(including transfer of funds)
Sec. 8102. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be
[[Page S9068]]
transferred by the military department concerned to its
central fund established for Fisher Houses and Suites
pursuant to section 2493(d) of title 10, United States Code.
(including transfer of funds)
Sec. 8103. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $24,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8104. Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances to the Defense Acquisition Workforce Development
Fund in accordance with the requirements of section 1705 of
title 10, United States Code.
Sec. 8105. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8106. (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 unless the
contractor agrees not to:
(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 arbitration 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
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration 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 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 Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' 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 Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(e) By March 1, 2011, or within 60 days after enactment of
this Act, whichever is later, the Government Accountability
Office shall submit a report to the Congress evaluating the
effect that the requirements of this section have had on
national security, including recommendations, if any, for
changes to these requirements.
Sec. 8107. (a) Prohibition on Conversion of Functions
Performed by Federal Employees to Contractor Performance.--
None of the funds appropriated by this Act or otherwise
available to the Department of Defense may be used to begin
or announce the competition to award to a contractor or
convert to performance by a contractor any functions
performed by Federal employees pursuant to a study conducted
under Office of Management and Budget (OMB) Circular A-76.
(b) Exception.--The prohibition in subsection (a) shall not
apply to the award of a function to a contractor or the
conversion of a function to performance by a contractor
pursuant to a study conducted under Office of Management and
Budget (OMB) Circular A-76 once all reporting and
certifications required by section 325 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84) have been satisfactorily completed.
Sec. 8108. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical
or mission essential business management information
technology system that is not registered with the Director of
National Intelligence. A system shall be considered to be
registered with that officer upon the furnishing notice of
the system, together with such information concerning the
system as the Director of the Business Transformation Office
may prescribe.
(2) During the current fiscal year no funds may be
obligated or expended for a financial management automated
information system, a mixed information system supporting
financial and non-financial systems, or a business system
improvement of more than $3,000,000, within the Intelligence
Community without the approval of the Business Transformation
Office, and the designated Intelligence Community functional
lead element.
(b) The Director of the Business Transformation Office
shall provide the congressional intelligence committees a
semi-annual report of approvals under paragraph (1) no later
than March 30 and September 30 of each year. The report shall
include the results of the Business Transformation Investment
Review Board's semi-annual activities, and each report shall
certify that the following steps have been taken for systems
approved under paragraph (1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis
that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise-
wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the
Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or
analytic systems or programmatic or analytic system
improvements.
(including transfer of funds)
Sec. 8109. Of the funds appropriated in this Act for the
Office of the Director of National Intelligence, $50,000,000,
may be transferred to appropriations available to the Central
Intelligence Agency, the National Security Agency, and the
National Geospatial Intelligence Agency, the Defense
Intelligence Agency and the National Reconnaissance Office
for the Business Transformation Transfer Funds, to be merged
with and to be available for the same time period and the
same purposes as the appropriation to which transferred:
Provided, That the transfer authority provided under this
provision is in addition to any other transfer authority
contained in this Act.
(including transfer of funds)
Sec. 8110. In addition to funds made available elsewhere
in this Act, there is hereby appropriated $538,875,000, to
remain available until transferred: Provided, That these
funds are appropriated to the ``Tanker Replacement Transfer
Fund'' (referred to as ``the Fund'' elsewhere in this
section): Provided further, That the Secretary of the Air
Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air
Force'', and ``Research, Development, Test and Evaluation,
Air Force'', only for the purposes of proceeding with a
tanker acquisition program: Provided further, That funds
transferred shall be merged with and be available for the
same purposes and for the same time period as the
appropriations or fund to which transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of the Air
Force shall, not fewer than 15 days prior to making transfers
using funds provided in this section, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation.
Sec. 8111. (a) Each congressionally directed spending item
specified in this Act or the explanatory statement regarding
this Act intended for award to a for-profit entity shall be
subject to acquisition regulations for full and open
competition on the same basis as each spending item intended
for a for-profit entity that is contained in the budget
request of the President.
(b) Exceptions.--Subsection (a) shall not apply to any
contract awarded--
(1) by a means that is required by Federal statute,
including for a purchase made under a mandated preferential
program;
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.); or
(3) in an amount less than the simplified acquisition
threshold described in section
[[Page S9069]]
302A(a) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 252a(a)).
(c) In this section, the term ``congressionally directed
spending item'' means a congressionally directed spending
item, as defined in Rule XLIV of the Standing Rules of the
Senate.
(including transfer of funds)
Sec. 8112. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $132,200,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8113. (a) Of the amounts made available in this Act
under the heading ``Operation and Maintenance, Navy'', not
less than $2,000,000, shall be made available for leveraging
the Army's Contractor Manpower Reporting Application,
modified as appropriate for Service-specific requirements,
for documenting the number of full-time contractor employees
(or its equivalent) pursuant to United States Code title 10,
section 2330a(c) and meeting the requirements of United
States Code title 10, section 2330a(e) and United States Code
title 10, section 235.
(b) Of the amounts made available in this Act under the
heading ``Operation and Maintenance, Air Force'', not less
than $2,000,000 shall be made available for leveraging the
Army's Contractor Manpower Reporting Application, modified as
appropriate for Service-specific requirements, for
documenting the number of full-time contractor employees (or
its equivalent) pursuant to United States Code title 10
section 2330a(c) and meeting the requirements of United
States Code title 10, section 2330a(e) and United States Code
title 10, section 235.
(c) The Secretaries of the Army, Navy, Air Force, and the
Directors of the Defense Agencies and Field Activities (in
coordination with the appropriate Principal Staff Assistant),
in coordination with the Under Secretary of Defense for
Personnel and Readiness, shall report to the congressional
defense committees within 60 days of enactment of this Act
their plan for documenting the number of full-time contractor
employees (or its equivalent), as required by United States
Code title 10, section 2330a.
(including transfer of funds)
Sec. 8114. In addition to amounts provided elsewhere in
this Act, there is appropriated $250,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to be available until expended: Provided, That such
funds shall only be available to the Secretary of Defense,
acting through the Office of Economic Adjustment of the
Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement
other Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic
Adjustment or the Secretary of Education shall give priority
consideration to those military installations with schools
having the most serious capacity or facility condition
deficiencies as determined by the Secretary of Defense.
Sec. 8115. In addition to amounts provided elsewhere in
this Act, there is appropriated $300,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended. Such funds may be
available for the Office of Economic Adjustment,
notwithstanding any other provision of law, for
transportation infrastructure improvements associated with
medical facilities related to recommendations of the Defense
Base Closure and Realignment Commission.
Sec. 8116. Section 310(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871)
is amended by striking ``1 year'' both places it appears and
inserting ``2 years''.
Sec. 8117. The Office of the Director of National
Intelligence shall not employ more Senior Executive employees
than are specified in the classified annex: Provided, That
not later than 90 days after enactment of this Act, the
Director of National Intelligence shall certify that the
Office of the Director of National Intelligence selects
individuals for Senior Executive positions in a manner
consistent with statutes, regulations, and the requirements
of other Federal agencies in making such appointments and
will submit its policies and procedures related to the
appointment of personnel to Senior Executive positions to the
congressional intelligence oversight committees.
Sec. 8118. For all major defense acquisition programs for
which the Department of Defense plans to proceed to source
selection during the current fiscal year, the Secretary of
Defense shall perform an assessment of the winning bidder to
determine whether or not the proposed costs are realistic and
reasonable with respect to proposed development and
production costs. The Secretary of Defense shall provide a
report of these assessments, to specifically include whether
any cost assessments determined that such proposed costs were
unreasonable or unrealistic, to the congressional defense
committees not later than 60 days after enactment of this Act
and on a quarterly basis thereafter.
Sec. 8119. (a) The Deputy Under Secretary of Defense for
Installations and Environment, in collaboration with the
Secretary of Energy, shall conduct energy security pilot
projects at facilities of the Department of Defense.
(b) In addition to the amounts provided elsewhere in this
Act, $20,000,000, is appropriated to the Department of
Defense for ``Operation and Maintenance, Defense-Wide'' for
energy security pilot projects under subsection (a).
Sec. 8120. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to
pay a retired general or flag officer to serve as a senior
mentor advising the Department of Defense unless such retired
officer files a Standard Form 278 (or successor form
concerning public financial disclosure under part 2634 of
title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8121. Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, the Chief of
the Air Force Reserve, and the Director of the National Guard
Bureau, in collaboration with the Secretary of Agriculture
and the Secretary of the Interior, shall submit to the
Committees on Appropriations of the House and Senate, the
House Committee on Agriculture, the Senate Committee on
Agriculture, Nutrition and Forestry, the House Committee on
Natural Resources, and the Senate Committee on Energy and
Natural Resources a report of firefighting aviation assets.
The report required under this section shall include each of
the following:
(1) A description of the programming details necessary to
obtain an appropriate mix of fixed wing and rotor wing
firefighting assets needed to produce an effective aviation
resource base to support the wildland fire management program
into the future. Such programming details shall include the
acquisition and contracting needs of the mix of aviation
resources fleet, including the acquisition of up to 24 C-
130Js equipped with the Mobile Airborne Fire Fighting System
II (in this section referred to as ``MAFFS''), to be acquired
over several fiscal years starting in fiscal year 2012.
(2) The costs associated with acquisition and contracting
of the aviation assets described in paragraph (1).
(3) A description of the costs of the operation,
maintenance, and sustainment of a fixed and rotor wing
aviation fleet, including a C-130J/MAFFS II in an Air
National Guard tactical airlift unit construct of 4, 6, or 8
C-130Js per unit starting in fiscal year 2012, projected out
through fiscal year 2020. Such description shall include the
projected costs associated with each of the following through
fiscal year 2020:
(A) Crew ratio based on 4, 6, or 8 C-130J Air National
Guard unit construct and requirement for full-time equivalent
crews.
(B) Associated maintenance and other support personnel and
requirement for full-time equivalent positions.
(C) Yearly flying hour model and the cost for use of a
fixed and rotor wing aviation fleet, including C-130J in its
MAFFS capacity supporting the United States Forest Service.
(D) Yearly flying hour model and cost for use of a C-130J
in its capacity supporting Air National Guard tactical
airlift training.
(E) Any other costs required to conduct both the airlift
and firefighting missions, including the Air National Guard
unit construct for C-130Js.
(4) Proposed program management, utilization, and cost
share arrangements for the aircraft described in paragraph
(1) for primary support of the Forest Service and secondary
support, on an as available basis, for the Department of
Defense, together with any proposed statutory language needed
to authorize and effectuate the same.
(5) An integrated plan for the Forest Service and the
Department of the Interior wildland fire management programs
to operate the fire fighting air tanker assets referred to in
this section.
Sec. 8122. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $41,400,000
is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make grants in
the amounts specified as follows: $6,400,000 to the SOAR
Virtual School District; $7,800,000 to the New Jersey
Technology Solutions Center; $8,000,000 to the Edward M.
Kennedy Institute for the United States Senate; $10,000,000
to the John P. Murtha Foundation; $1,040,000 to the Women in
Military Service for American Memorial Foundation; $8,000,000
to the Paralympics Military Program; and $160,000 to the
Online Tax Preparation Assistance for Servicemembers.
[[Page S9070]]
Sec. 8123. Subject to the availability of appropriations,
the Secretary of the Navy may award a contract or contracts
for up to 20 Littoral Combat Ships (LCS).
Sec. 8124. Section 115 of the Miscellaneous Appropriations
and Offsets Act, 2004 (division H of Public Law 108-199; 118
Stat. 439), as amended by section 1017 of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119
Stat. 250), is amended by striking all after ``company''
through ``requirements.'' and inserting ``, of ocean going
commercial vessels of 20,000 dwt or greater capable of
supporting military sealift requirements.''.
Sec. 8125. Of the funds provided in this Act, $3,600,000
shall be available for the operations and development of
training and technology for the Columbia Geospatial Center
and the affiliated universities for providing mapping
information in support of emergency planning and response,
economic development and resource management: Provided, That
this funding will provide homeland defense/security and
traditional warfighting training to the Department of
Defense, other Federal agencies, and State and local first
responder agencies and personnel: Provided further, That this
funding is also available to pay for services provided to
other Federal agencies and State and local first responder
agencies and personnel by the Columbia Geospatial Center and
the affiliated universities for service rendered between
October 1, 2009 and September 30, 2010.
Sec. 8126. The authority provided by section 1222(e) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84), shall continue in effect through
September 30, 2011.
Sec. 8127. The authority provided by section 1234 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2532) shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or December
31, 2011.
Sec. 8128. The authority provided by section 1224 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2521) shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or December
31, 2011.
Sec. 8129. Notwithstanding any other provision of law,
during fiscal year 2011 up to $75,000,000 of funds made
available for operation and maintenance in this Act may be
obligated and expended for purposes of building the capacity
of Yemeni Ministry of Interior forces to conduct
counterterrorism operations, subject to the direction and
control of the Secretary of Defense, with the concurrence of
the Secretary of State: Provided, That the Secretary of
Defense shall, not fewer than 15 days prior to providing
assistance under this section, submit to the congressional
defense committees a notice setting forth the assistance to
be provided, including the types of such assistance, the
budget for such assistance, and the completion date for the
provision of such assistance.
Sec. 8130. The authority provided by section 1014 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417), shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or December
31, 2011.
Sec. 8131. Section 8905a(d)(4)(B) of title 5, United
States Code, is amended--
(1) in clause (i), by striking ``October 1, 2010'' and
inserting ``December 31, 2011''; and
(2) in clause (ii)--
(A) by striking ``February 1, 2011'' and inserting
``February 1, 2012''; and
(B) by striking ``October 1, 2010'' and inserting
``December 31, 2011''.
Sec. 8132. The authority provided by section 1021 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as
amended by section 1011 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441),
shall continue in effect through the earlier of the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2011 or September 30, 2011.
Sec. 8133. The authority provided by section 1022 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 10 U.S.C. 371 note), as amended by
section 1012 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), shall
continue in effect through the earlier of the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2011 or September 30, 2011.
Sec. 8134. The authority provided by section 1033 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85), as amended by section 1014 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2442), shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or September
30, 2011.
Sec. 8135. The authority provided by sections 611, 612,
613, 614, 615, and 616 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84) shall continue
in effect through the earlier of the date of enactment of the
National Defense Authorization Act for Fiscal Year 2011 or
December 31, 2011.
Sec. 8136. The authority provided by section 631 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) shall continue in effect through the
earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 8137. The authority provided by section 1071 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84) shall continue in effect through the
earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 8138. The authority provided by section 931 of the
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364) shall continue in effect through the
earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 8139. The authority provided by section 1106 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84) shall continue in effect through the
earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 8140. (a) Extension of Waiver.--Paragraph (1) of
section 941(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4577; 10 U.S.C. 184 note) is amended by striking
``fiscal years 2009 and 2010'' and inserting ``fiscal years
2009 through 2011.''
(b) Annual Report.--Paragraph (3) of such section 941(b) is
amended by striking ``in 2010 and 2011'' and inserting ``in
each year through 2012.''
Sec. 8141. Subsection (a) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as amended by
section 2806 of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123
Stat. 2660), shall continue in effect through September 30,
2011.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,468,033,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,308,719,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $732,920,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $2,060,442,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$268,031,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$48,912,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $45,437,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $27,002,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $853,022,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $16,860,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $59,212,782,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $8,970,724,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $4,008,022,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $12,989,643,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $9,276,990,000, of which:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation New Dawn
and Operation Enduring Freedom; and
(2) Not to exceed $1,600,000,000, to remain available until
expended, for payments to reimburse key cooperating nations
for logistical, military, and other support, including access
provided to United States military operations in support of
Operation New Dawn and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided, That
such reimbursement payments may be made in such amounts as
the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That the requirement to provide
notification shall not apply with respect to a reimbursement
for access
[[Page S9071]]
based on an international agreement: Provided further, That
these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized
equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan, and 15 days following notification to the
appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to
the congressional defense committees on the use of funds
provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $206,784,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $93,559,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $29,685,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $203,807,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $497,849,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $417,983,000.
Afghanistan Infrastructure Fund
(including transfer of funds)
There is hereby established in the Treasury of the United
States the ``Afghanistan Infrastructure Fund''. For the
``Afghanistan Infrastructure Fund'', $400,000,000, to remain
available until September 30, 2012: Provided, That such sums
shall be available for infrastructure projects in
Afghanistan, notwithstanding any other provision of law,
which shall be undertaken by the Secretary of State, unless
the Secretary of State and the Secretary of Defense jointly
decide that a specific project will be undertaken by the
Department of Defense: Provided further, That the
infrastructure referred to in the preceding proviso is in
support of the counterinsurgency strategy, requiring funding
for facility and infrastructure projects, including, but not
limited to, water, power, and transportation projects and
related maintenance and sustainment costs: Provided further,
That the authority to undertake such infrastructure projects
is in addition to any other authority to provide assistance
to foreign nations: Provided further, That any projects
funded by this appropriation shall be jointly formulated and
concurred in by the Secretary of State and Secretary of
Defense: Provided further, That funds may be transferred to
the Department of State for purposes of undertaking projects,
which funds shall be considered to be economic assistance
under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in
that Act: Provided further, That the transfer authority in
the preceding proviso is in addition to any other authority
available to the Department of Defense to transfer funds:
Provided further, That any unexpended funds transferred to
the Secretary of State under this authority shall be returned
to the Afghanistan Infrastructure Fund if the Secretary of
State, in coordination with the Secretary of Defense,
determines that the project cannot be implemented for any
reason, or that the project no longer supports the
counterinsurgency strategy in Afghanistan: Provided further,
That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this
appropriation and shall be treated in the same manner as
funds not transferred to the Secretary of State: Provided
further, That contributions of funds for the purposes
provided herein to the Secretary of State in accordance with
section 635(d) of the Foreign Assistance Act from any person,
foreign government, or international organization may be
credited to this Fund, to remain available until expended,
and used for such purposes: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
making transfers to or from, or obligations from the Fund,
notify the appropriate committees of Congress in writing of
the details of any such transfer: Provided further, That the
``appropriate committees of Congress'' are the Committees on
Armed Services, Foreign Relations and Appropriations of the
Senate and the Committees on Armed Services, Foreign Affairs
and Appropriations of the House of Representatives.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$11,619,283,000, to remain available until September 30,
2012: Provided, That such funds shall be available to the
Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Commander, Combined
Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the
Secretary of State, to the security forces of Afghanistan,
including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That up to $15,000,000 of
these funds may be available for coalition police trainer
life support costs: Provided further, That contributions of
funds for the purposes provided herein from any person,
foreign government, or international organization may be
credited to this Fund and used for such purposes: Provided
further, That the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the
sources and amounts of the funds received and the specific
use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall notify the congressional defense committees of
any proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000.
Iraq Security Forces Fund
For the ``Iraq Security Forces Fund'', $1,500,000,000, to
remain available until September 30, 2012: Provided, That
such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose
of allowing the Commander, United States Forces-Iraq, or the
Secretary's designee, to provide assistance, with the
concurrence of the Secretary of State, to the security forces
of Iraq, including the provision of equipment, supplies,
services, training, facility and infrastructure repair, and
renovation: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That contributions of funds for the purposes
provided herein from any person, foreign government, or
international organization may be credited to this Fund and
used for such purposes: Provided further, That the Secretary
shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the
details of any such obligation: Provided further, That the
Secretary of Defense shall notify the congressional defense
committees of any proposed new projects or transfer of funds
between budget sub-activity groups in excess of $20,000,000.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $2,720,138,000, to remain available until September
30, 2013.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$343,828,000, to remain available until September 30, 2013.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $896,996,000, to remain
available until September 30, 2013.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $369,885,000, to remain available until September 30,
2013.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,423,832,000, to remain available until September 30, 2013.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $1,269,549,000, to remain available until September
30, 2013.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$90,502,000, to remain available until September 30, 2013.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $558,024,000, to remain available
until September 30, 2013.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$316,835,000, to remain available until September 30, 2013.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,589,119,000, to remain available until September 30, 2013.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $1,991,955,000, to remain available until September
30, 2013.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $56,621,000, to remain available until September 30,
2013.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'',
[[Page S9072]]
$292,959,000, to remain available until September 30, 2013.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $2,868,593,000, to remain available until September
30, 2013.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$1,262,499,000, to remain available until September 30, 2013.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons and other procurement for
the reserve components of the Armed Forces, $850,000,000, to
remain available for obligation until September 30, 2013, of
which $250,000,000 shall be available only for the Army
National Guard: Provided, That the Chiefs of National Guard
and Reserve components shall, not later than 30 days after
the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$3,415,000,000, to remain available until September 30, 2012:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, to
procure, sustain, transport, and field Mine Resistant Ambush
Protected vehicles: Provided further, That the Secretary
shall transfer such funds only to appropriations made
available in this or any other Act for operation and
maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish
the purpose provided herein: Provided further, That such
transferred funds shall be merged with and be available for
the same purposes and the same time period as the
appropriation to which transferred: Provided further, That
this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the Secretary shall, not fewer than 10 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $143,234,000, to remain available
until September 30, 2012.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $104,781,000, to remain available
until September 30, 2012.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $484,382,000, to remain
available until September 30, 2012.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $222,616,000, to remain
available until September 30, 2012.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $485,384,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,422,092,000, of which $1,398,092,000 shall be for
operation and maintenance, to remain available until
September 30, 2011, and of which $24,000,000 shall be for
research, development, test and evaluation, to remain
available until September 30, 2012.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $440,510,000, to remain
available until September 30, 2012.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,793,768,000, to remain available until September 30, 2013:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States
forces in the defeat of improvised explosive devices:
Provided further, That the Secretary of Defense may transfer
funds provided herein to appropriations for military
personnel; operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,529,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2011.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $4,000,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in the Department of
Defense Appropriations Act, 2011.
Sec. 9003. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance or the ``Afghanistan
Security Forces Fund'' provided in this Act and executed in
direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in Iraq and
Afghanistan: (a) passenger motor vehicles up to a limit of
$75,000 per vehicle and (b) heavy and light armored vehicles
for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $500,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Iraq and Afghanistan to respond to urgent,
small scale, humanitarian relief and reconstruction
requirements within their areas of responsibility: Provided,
That projects (including any ancillary or related elements in
connection with such project) executed under this authority
shall not exceed $20,000,000: Provided further, That not
later than 45 days after the end of each fiscal year quarter,
the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30
days after the end of each month, the Army shall submit to
the congressional defense committees monthly commitment,
obligation, and expenditure data for the Commander's
Emergency Response Program in Iraq and Afghanistan: Provided
further, That not less than 15 days before making funds
available pursuant to the authority provided in this section
or under any other provision of law for the purposes
described herein for a project with a total anticipated cost
for completion of $5,000,000 or more, the Secretary shall
submit to the congressional defense committees a written
notice containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Iraq and Afghanistan: Provided,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support
provided under this section.
Sec. 9007. The amounts provided by this title are
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
[[Page S9073]]
Sec. 9008. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9009. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9010. (a) The Secretary of Defense shall submit to the
congressional defense committees not later than 45 days after
the end of each fiscal quarter a report on the proposed use
of all funds appropriated by this or any prior Act under each
of the headings Iraq Security Forces Fund, Afghanistan
Security Forces Fund, Afghanistan Infrastructure Fund, and
Pakistan Counterinsurgency Fund on a project-by-project
basis, for which the obligation of funds is anticipated
during the 3-month period from such date, including estimates
for the accounts referred to in this section of the costs
required to complete each such project.
(b) The report required by this subsection shall include
the following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of the
report, including estimates for the accounts referred to in
subsection (a) of the costs to complete each project.
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to
in subsection (a) in prior appropriations Acts, or for which
funds were made available by transfer, reprogramming, or
allocation from other headings in prior appropriations Acts,
including estimates for the accounts referred to in
subsection (a) of the costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal
year.
Sec. 9011. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet
the operational requirements of a Commander of a Combatant
Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item
unit cost of not more than $500,000.
(including transfer of funds)
Sec. 9012. Of the funds appropriated by this Act for the
Office of the Director of National Intelligence, $3,375,000
is available, as specified in the classified annex, for
transfer to other departments and agencies of the Federal
Government.
Sec. 9013. (a) The Task Force for Business and Stability
Operations in Afghanistan may, subject to the direction and
control of the Secretary of Defense and with the concurrence
of the Secretary of State, carry out projects in fiscal year
2011 to assist the commander of the United States Central
Command in developing a link between United States military
operations in Afghanistan under Operation Enduring Freedom
and the economic elements of United States national power in
order to reduce violence, enhance stability, and restore
economic normalcy in Afghanistan through strategic business
and economic opportunities.
(b) The projects carried out under paragraph (a) may
include projects that facilitate private investment,
industrial development, banking and financial system
development, agricultural diversification and revitalization,
and energy development in and with respect to Afghanistan.
(c) The Secretary may use up to $150,000,000 of the funds
available for overseas contingency operations in ``Operation
and Maintenance, Army'' for additional activities to carry
out projects under paragraph (a).
Sec. 9014. (a) Not more than 85 percent of the funds
provided in this title for Operation and Maintenance may be
available for obligation or expenditure until the date on
which the Secretary of Defense submits the report under
subsection (b).
(b) Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on contractor
employees in the United States Central Command, including--
(1) the number of employees of a contractor awarded a
contract by the Department of Defense (including
subcontractor employees) who are employed at the time of the
report in the area of operations of the United States Central
Command, including a list of the number of such employees in
each of Iraq, Afghanistan, and all other areas of operations
of the United States Central Command; and
(2) for each fiscal year quarter beginning on the date of
the report and ending on September 30, 2012--
(A) the number of such employees planned by the Secretary
to be employed during each such period in each of Iraq,
Afghanistan, and all other areas of operations of the United
States Central Command; and
(B) an explanation of how the number of such employees
listed under subparagraph (A) relates to the planned number
of military personnel in such locations.
This division may be cited as the ``Department of Defense
Appropriations Act, 2011''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors,
flood and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $150,000,000, to remain
available until expended.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $1,823,625,000, to remain available until
expended; of which such sums as are necessary to cover the
Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived
from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects
(including only Kentucky Lock and Dam, Tennessee River,
Kentucky; Lock and Dams 2, 3, and 4 Monongahela River,
Pennsylvania; Lock and Dam 27, Mississippi River, Illinois;
Markland Locks and Dam, Kentucky and Indiana; Olmsted Lock
and Dam, Illinois and Kentucky; and Emsworth Locks and Dam,
Ohio River, Pennsylvania) shall be derived from the Inland
Waterways Trust Fund: Provided, That the Chief of Engineers
is directed to use $20,500,000 of the funds appropriated
herein for the Dallas Floodway Extension, Texas, project,
including the Cadillac Heights feature, generally in
accordance with the Chief of Engineers report dated December
7, 1999: Provided further, That the Chief of Engineers is
directed to use $1,434,000 of funds available for the
Greenbrier Basin, Marlinton, West Virginia, Local Protection
Project to continue engineering and design efforts, execute a
project partnership agreement for phases 1 and 2, and
initiate construction of the project substantially in
accordance with Alternative 1 as described in the Corps of
Engineers Final Detailed Project Report and Environmental
Impact Statement for Marlinton, West Virginia, Local
Protection Project dated September 2008 with the Federal and
non-Federal cost shares determined in accordance with the
ability-to-pay provisions prescribed in section 103(m) of the
Water Resources Development Act of 1986: Provided further,
That the Chief of Engineers is directed to use $2,750,000 of
the funds appropriated herein to continue planning,
engineering, design or construction of the Lower Mingo
County, Upper Mingo County, Wayne County, McDowell County,
West Virginia, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River Project: Provided
further, That the limitation concerning total project costs
in section 902 of the Water Resources Development Act of 1986
(33 U.S.C. 2280), shall not apply during
[[Page S9074]]
fiscal year 2011 to any project that received funds provided
in this title.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$325,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Secretary of the Army, acting through the
Chief of Engineers is directed to use $10,500,000
appropriated herein for construction of water withdrawal
features of the Grand Prairie, Arkansas, project.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $2,475,000,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Corps established by the Land and
Water Conservation Act of 1965 (16 U.S.C. 460l-6a(i)), shall
be derived from that account for resource protection,
research, interpretation, and maintenance activities related
to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become
available from fees collected under section 217 of the Water
Resources Development Act of 1996 (Public Law 104-303) shall
be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have
been collected: Provided, That 1 percent of the total amount
of funds provided for each of the programs, projects or
activities funded under this heading shall be available for
use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be
necessary and appropriate.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$193,000,000, to remain available until expended.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $130,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and to support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $30,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in Corps
headquarters and division offices; and for the management and
operation costs allocable to the civil works program of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the Engineer Research and Development
Center, and the Corps Finance Center, $187,375,000, to remain
available until expended, of which not to exceed $5,000 may
be used for official reception and representation purposes
and only during the current fiscal year: Provided, That no
part of any other appropriation in this title shall be
available to fund the above activities: Provided further,
That any Flood Control and Coastal Emergencies appropriation
may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$6,000,000, to remain available until expended.
administrative provision
The Revolving Fund, Corps of Engineers, shall be available
during the current fiscal year for purchase (not to exceed
100 for replacement only) and hire of passenger motor
vehicles for the civil works program.
general provisions, corps of engineers--civil
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2011, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to uses funds directed for a specific activity
for a different purpose, unless prior approval is received
from the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections
6 through 10, unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed to continue ongoing work on any
program, project, or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up
to $3,000,000 may be reprogrammed for settled contractor
claims, changed conditions, or real estate deficiency
judgments: Provided further, That up to $300,000 may be
reprogrammed into continuing any study or activity that did
not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: Provided, That the Chief of Engineers
must notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study or activity is allowed:
Provided further, That for a base level less than $1,000,000,
the reprogramming limit is $150,000: Provided further, That
up to $150,000 may be reprogrammed into continuing any study
or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines as provided in subsections 6 through
8 above apply to the Investigations, Construction, and
Operation and Maintenance portions of the Mississippi River
and Tributaries Account; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) De Minimis Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) Not later than 60 days after the date of enactment of
this Act, the Corps of Engineers shall submit a report to the
House and Senate Committees on Appropriations to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided, That the
report shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. None of the funds in this Act, or previous Acts,
making funds available to the Corps, shall be used to
implement any pending or future competitive sourcing actions
under OMB Circular A-76 or High Performing Organizations for
the U.S. Army Corps of Engineers.
Sec. 103. None of the funds in this Act, or previous Acts,
making funds available to the Corps, shall be used to award
any continuing contract that commits additional funding from
the Inland Waterways Trust Fund unless or until such time
that a long-term mechanism to enhance revenues in this Fund
sufficient to meet the cost-sharing authorized in the Water
Resources Development Act of 1986 (Public Law 99-662) is
enacted.
Sec. 104. Within 120 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report
to the appropriate authorizing and appropriating committees
of the Congress.
Sec. 105. During the fiscal year period covered by this
Act, the Secretary of the Army shall implement measures
recommended in the efficacy study, or provided in interim
reports, authorized under section 3061 of the Water Resources
Development Act of 2007 (121 Stat. 1121), with such
modifications or emergency measures as the Secretary of the
Army determines to be appropriate, to prevent aquatic
nuisance species from bypassing
[[Page S9075]]
the Chicago Sanitary and Ship Canal Dispersal Barrier Project
referred to in that section and to prevent aquatic nuisance
species from dispersing into the Great Lakes and such
emergency measures as the Secretary of the Army determines to
be appropriate to prevent such species from dispersing into
the Great Lakes by way of any other hydrologic connections
between the Great Lakes and the Mississippi River.
Sec. 106. That portion of the project for navigation,
Block Island Harbor of Refuge, Rhode Island adopted by the
Rivers and Harbors Act of July 11, 1870, consisting of the
cut-stone breakwater lining the west side of the Inner Basin:
Beginning at a point with coordinates N32579.55, E312625.53,
thence running northerly about 76.59 feet to a point with
coordinates N32655.92, E312631.32, thence running northerly
about 206.81 feet to a point with coordinates N32858.33,
E312673.74, thence running easterly about 109.00 feet to a
point with coordinates N32832.15, E312779.54, shall no longer
be authorized after the date of enactment of this Act.
Sec. 107. Section 595(a)(2) of the Water Resources
Development Act of 1999 (113 Stat. 383; 117 Stat. 1836) is
amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) the portions of Utah County and Weber Counties that
are located outside of a political subdivision, the
population of which is greater than 10,000 residents.''.
Sec. 108. Section 595 of the Water Resources Development
Act of 1999 (113 Stat. 383; 117 Stat. 1836; 118 Stat. 440),
as amended by section 5067 of the Water Resources Development
Act of 2007 (121 Stat. 1219), is amended in subsection (h) by
striking ``$150,000,000 for rural Nevada'' and inserting
``$200,000,000 for rural Nevada''.
Sec. 109. (a) Acquisition.--The Secretary is authorized to
acquire any real property and associated real property
interests in the vicinity of Hanover, New Hampshire as may be
needed for the Engineer Research and Development Center
laboratory facilities at the Cold Regions Research and
Engineering Laboratory.
(b) Revolving Fund.--The Secretary is authorized to use the
Revolving Fund (33 U.S.C. 576) through the Plant Replacement
and Improvement Program to acquire the real property and
associated real property interests in subsection (a). The
Secretary shall ensure that the Revolving Fund is
appropriately reimbursed from the benefitting appropriations.
(c) Right of First Refusal.--The Secretary may provide the
seller of any real property and associated property interests
identified in subsection (a)--
(1) a right of first refusal to acquire such property, or
any portion thereof, in the event the property, or any
portion thereof, is no longer needed by the Department of the
Army.
(2) a right of first refusal to acquire any real property
or associated real property interests acquired by
condemnation in Civil Action No. 81-360-L, in the event the
property, or any portion thereof, is no longer needed by the
Department of the Army.
(3) The purchase of any property by the seller exercising
either right of first refusal authorized in this section
shall be for consideration acceptable to the Secretary and
shall be for not less than fair market value at the time the
property becomes available for purchase. The right of first
refusal authorized in this section shall not inure to the
benefit of the Seller's successors or assigns.
(d) Disposal.--The Secretary of the Army is authorized to
dispose of any property or associated real property interests
that are subject to the exercise of the right of first
refusal as set forth herein.
Sec. 110. The Secretary of the Army, acting through the
Chief of Engineers, is authorized, using amounts available in
the Revolving Fund established by section 101 of the Act of
July 27, 1953, chap. 245 (33 U.S.C. 576), to construct a
Ship/Tow Simulator building, an Engineer Research and
Development Center headquarters building, and a Modular
Hydraulic Flume building, and to purchase real estate,
perform construction, and make facility, utility, street,
road, and infrastructure improvements to the Engineer
Research and Development Center's installations and
facilities. The Secretary shall ensure that the Revolving
Fund is appropriately reimbursed from the benefitting
appropriations.
Sec. 111. Section 3113 of the Water Resources Development
Act, 2007 (121 Stat. 1041) is amended by striking all after
the words ``total cost of'' and inserting in lieu thereof the
following: ``$38,800,000, with an estimated Federal cost of
$25,220,000 and an estimated non-Federal cost of
$13,580,000.''
Sec. 112. The boundaries of the project referred to as
``Des Moines Recreational River and Greenbelt, Iowa'' in the
Supplemental Appropriations Act, 1985 (99 Stat. 313) are
hereby expanded to include the entirety of sections 19 and
29, situated in T89N, R28W.
Sec. 113. That portion of the project of navigation,
Chicago Harbor, Illinois, authorized by the River and Harbor
Acts of March 3, 1899 and March 2, 1919, and that begins at
the southwest corner of the Metropolitan Sanitary District of
Greater Chicago sluice gate that abuts the north wall of the
Chicago River Lock and that continues north for approximately
290 feet, thence east approximately 1,000 feet, then south
approximately 290 feet, thence west approximately 1,000 feet
to the point of beginning shall no longer be authorized as of
the date of enactment of this Act.
Sec. 114. (a) The Secretary shall assume responsibility for
the long-term maintenance and repair of the major flood
damage reduction features constructed by the Corps of
Engineers at Devils Lake, North Dakota. The City of Devils
Lake, North Dakota, shall be responsible for all costs of
operation and maintenance other than those defined as Long-
Term Maintenance and Repair in subsection (b) below.
(b) Long-Term Maintenance and Repair consists of replacing,
reconstructing, or rehabilitating major flood damage
reduction features such as embankments, pump stations, pumps
and gate wells that: (1) have become dilapidated or in need
of repair as a result of the passage of time or ordinary wear
and tear; or (2) have been damaged or destroyed by wind,
wave, or water action of other than an ordinary nature when,
in the discretion of the Secretary, such replacement,
reconstruction, or rehabilitation is warranted for the
continued functioning of the flood damage reduction project
at Devils Lake.
Sec. 115. Section 111 of title I of division C of the
Consolidated Appropriations Act, 2005 (118 Stat. 2944) as
amended by section 3001 of Public Law 110-114 is further
amended by adding the following before `` `(c) Authorization
of Appropriations.' '':
`` `(3) may grant to the City of Tuscaloosa a long term
lease or license agreement for any portion of the Parcel not
required for construction of the new administrative facility
under subsection (a)(2)(c) until such time as the City of
Tuscaloosa is prepared to take fee simple title per the
provisions of subsection (b)(2).' ''.
Sec. 116. Section 333 of the Water Resources Development
Act of 1996 (110 Stat. 3718) is further amended to read as
follows:
(1) by striking subsection (b) and inserting the following
in lieu thereof:
``(b) Lands individually acquired by the Secretary under
this section for flood protection and flood management in the
Passaic River Basin are to held by the Secretary and the non-
Federal sponsor as tenants in common with, thereafter, any
interest held by the Secretary in such lands to be
transferred by Quitclaim Deed to the Non-Federal Sponsor for
consideration as is necessary to render the project cost-
sharing percentages to be in compliance with section 903(c)
of the Water Resources Development Act of 1986 (33 U.S.C.
2213) and such other law as may be applicable.''; and
(2) inserting the following as a new subsection (e):
``(e) Funds for Land Acquisition.--Funds for acquiring such
lands as are necessary in carrying out the requirements of
this section and requirements as further recommended by the
Secretary shall include funds as provided in subsection (c)
and (d) of this section herein and also funds as previously
appropriated with any and all such funds to be held by the
Secretary for use in acquiring the requisite lands in
proportion to the project cost-sharing percentages.''.
Sec. 117. Section 3182 of Public Law 110-114 is amended as
follows by inserting a new subparagraph (k) and redesignating
the existing subparagraph (k) as subparagraph (l):
``(k) St. Charles County, Missouri.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Federal land.--The term `Federal land' means the 1
parcel of Corps of Engineers land totaling approximately 84
acres, located U.S. Survey No. 1838, Township 48 North, Range
6 East.
``(B) Non-federal land.--The term `non-Federal land' means
the approximately 70 acres of land, subject to any existing
easements situated in Jersey County, Illinois, adjacent to
existing Corps fee title land.
``(2) Land exchange.--Subject to paragraph (3), on
conveyance by Ameren U.E. to the United States of all right,
title, and interest in and to the non-Federal land, the
Secretary shall convey to Ameren U.E., all right, title, and
interest of the United States in and to the Federal land.
``(3) Conditions.--
``(A) Deeds.--
``(i) Non-federal land.--The conveyance of the non-Federal
land to the Secretary shall be by a warranty deed acceptable
to the Secretary.
``(ii) Federal land.--The conveyance of the Federal land to
Ameren U.E., shall be--
``(I) by quitclaim deed; and
``(II) subject to any reservations, terms, and conditions
that the Secretary determines to be necessary to allow the
United States to operate and maintain the Mississippi River
9-Foot Navigation Project.
``(iii) Legal descriptions.--The Secretary shall provide a
legal description of the Federal land, and Ameren U.E., shall
provide a legal description of the non-Federal land, for
inclusion in the deeds referred to in clauses (i) and (ii).
``(B) Removal of improvements.--
``(i) In general.--The Secretary may require the removal
of, or Ameren U.E., may voluntarily remove, any improvements
to the non-Federal land before the completion of the exchange
or as a condition of the exchange.
``(ii) No liability.--If Ameren U.E., removes any
improvements to the non-Federal land under clause (i)--
``(I) Ameren U.E., shall have no claim against the United
States relating to the removal; and
``(II) the United States shall not incur or be liable for
any cost associated with the removal or relocation of the
improvements.
[[Page S9076]]
``(C) Administrative costs.--The Secretary shall require
Ameren U.E. to pay reasonable administrative costs associated
with the exchange.
``(D) Cash equalization payment.--If the appraised fair
market value, as determined by the Secretary, of the Federal
land exceeds the appraised fair market value, as determined
by the Secretary, of the non-Federal land, Ameren U.E. shall
make a cash equalization payment to the United States.
``(E) Deadline.--The land exchange under subparagraph (B)
shall be completed not later than 2 years after the date of
enactment of this Act.''.
Sec. 118. The project for flood control, Little Calumet
River, Indiana, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4115) and
modified by section 127 of the Energy and Water
Appropriations Act, 2006 (119 Stat. 2259), is further
modified to authorize the Secretary to construct the project,
including all necessary tie backs, at a total cost of
$275,000,000, with an estimated Federal cost of $206,000,000,
and an estimated non-Federal cost of $69,000,000.
Sec. 119. The project for ecosystem restoration, Tres
Rios, Arizona, authorized by section 101(b)(4) of the Water
Resources Development Act of 2000 (114 Stat. 2577), is
modified to authorize the Secretary to construct the project
at a total cost of $230,000,000, with an estimated Federal
cost of $149,500,000 and an estimated non-Federal cost of
$80,500,000.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $43,004,000, to remain available
until expended, of which $2,500,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for
use by the Utah Reclamation Mitigation and Conservation
Commission, and of which $1,694,000 for necessary expenses
incurred in carrying out related responsibilities of the
Secretary of the Interior. For fiscal year 2011, the
Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $938,600,000, to remain available until
expended, of which $11,746,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$8,627,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund: Provided, That such transfers may be increased or
decreased within the overall appropriation under this
heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund or the Bureau of Reclamation special fee
account established by 16 U.S.C. 460l-6a(i) shall be derived
from that Fund or account: Provided further, That funds
contributed under 43 U.S.C. 395 are available until expended
for the purposes for which contributed: Provided further,
That funds advanced under 43 U.S.C. 397a shall be credited to
this account and are available until expended for the same
purposes as the sums appropriated under this heading:
Provided, That the funds provided herein for the St. Mary
Storage Unit facilities, Milk River Project, Montana, shall
be used on a nonreimbursible basis: Provided further, That
$1,476,000 of the funds appropriated under this heading shall
be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of appendix D of Public
Law 106-554: Provided further, That funds available for
expenditure for the Departmental Irrigation Drainage Program
may be expended by the Bureau of Reclamation for site
remediation on a nonreimbursable basis: Provided further,
That of the amounts provided herein, funds may be used for
high priority projects which shall be carried out by the
Youth Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $49,915,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575:
Provided further, That none of the funds made available under
this heading may be used for the acquisition or leasing of
water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfer of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$40,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That the use of any funds
provided to the California Bay-Delta Authority for
programwide management and oversight activities shall be
subject to the approval of the Secretary of the Interior:
Provided further, That CALFED implementation shall be carried
out in a balanced manner with clear performance measures
demonstrating concurrent progress in achieving the goals and
objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$61,200,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed 5 passenger motor
vehicles, which are for replacement only.
General Provisions--Department of the Interior
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous appropriations Acts to the agencies or entities
funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2011, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $300,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the
funds reprogrammed between programs, projects, activities, or
categories of funding. The first quarterly report shall be
submitted not later than 60 days after the date of enactment
of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
[[Page S9077]]
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program-Alternative
Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan''
described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New
Mexico unless said purchase or lease is in compliance with
the purchase requirements of section 202 of Public Law 106-
60.
Sec. 204. Funds under this title for Drought Emergency
Assistance shall be made available primarily for leasing of
water for specified drought related purposes from willing
lessors, in compliance with existing State laws and
administered under State water priority allocation.
Sec. 205. Section 529(b)(3) of Public Law 106-541 is
amended by striking ``$20,000,000'' and inserting
``$30,000,000'' in lieu thereof.
Sec. 206. (a) Notwithstanding any other provision of law,
of amounts made available under section 2507 of the Farm
Security and Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107-171), the Secretary of the Interior,
acting through the Commissioner of Reclamation, shall
allocate--
(1) $11,300,000 to the Bureau of Indian Affairs, of which--
(A) $7,400,000 shall be for the participation by the Walker
River Paiute Tribe in the settlement of surface water rights
in the Walker River Basin, including water associated with
the Walker River Indian Reservation;
(B) $1,000,000 shall be for the Walker River Paiute Tribe
for legal and professional services in support of settling
tribal water claims in the Walker River Basin; and
(C) $2,900,000 shall be for the acquisition of property
upstream from and adjacent to the Reservation, title to which
shall be taken in the name of the United States to be held in
trust for the Tribe, and shall be added to the Reservation
and appurtenant water rights which shall be used for the
benefit of Walker Lake;
(2) $2,500,000 to the Federal Water Master of the Walker
River, Nevada, for water monitoring and measurement
improvement in the Walker River Basin;
(3) $3,080,000 to the Environmental Protection Agency, to
provide funding relating to the Anaconda Mine site in Lyon
County, Nevada, of which--
(A) $750,000 shall be for groundwater testing for Arimetco
portions of the site; and
(B) $2,330,000 shall be for a pilot closure of an Arimetco
heap leach pad;
(4) $6,250,000 to provide grants of equal amounts to the
State of Nevada, the State of California, the Truckee Meadows
Water Authority, the Pyramid Lake Paiute Tribe, and the
Federal Water Master of the Truckee River to implement the
Truckee-Carson-Pyramid Lake Water Rights Settlement Act
(title II of Public Law 101-618; 104 Stat. 3294);
(5) $5,000,000 to be divided equally by the City of
Fernley, Nevada, and the Pyramid Lake Paiute Tribe for joint
planning and development activities for water, wastewater,
and sewer facilities;
(6) $17,200,000 to the Pyramid Lake Paiute Tribe for the
benefit of the Truckee River and Pyramid Lake, of which--
(A) $10,000,000 shall be used for 1 or more of--
(i) implementing the 1996 Truckee River Water Quality
Settlement Agreement; and
(ii) implementing the Newland Project Water Rights Fund for
retirement of water rights;
(B) $4,200,000 shall be used for 1 or more of--
(i) payment to the City of Fernley, with the agreement of
the City, to temporarily transfer water rights owned by the
City to the Truckee River; and
(ii) acquisition of ground-water rights to be traded with
the City of Fernley, with the agreement of the City, for
Truckee River water rights; and
(C) $3,000,000 to acquire interests in fee-patented land,
water rights, or surface rights to land within or contiguous
to the exterior boundaries of the Pyramid Lake Indian
Reservation;
(7) $15,000,000 to an entity selected by the Truckee
Meadows Water Authority, Washoe County, and the cities of
Reno and Sparks, Nevada, to acquire up to 6,700 acre-feet of
water rights to help implement the Truckee River Operating
Agreement;
(8) $500,000 to Washoe County, Nevada, for a Regional
Strategic Initiative to develop wastewater effluent
management and reclaimed water resources;
(9) $5,000,000 to the City of Sparks, Nevada, related to
upgrading and realigning the North Truckee Drain for improved
flood control;
(10) $715,000 to the Pyramid Lake Paiute Tribe to enhance
fish reproduction in the Truckee River watershed and to
develop a water quality model for Pyramid Lake;
(11) $1,500,000 to the Specialty Crop Institute of Western
Nevada College to support alternative crops and alternative
agricultural cooperatives programs that promote water
conservation;
(12) $1,000,000 to the Desert Research Institute to monitor
reservoir evaporation and invasive species in the
southwestern United States, including work in the Walker
Basin; and
(13) not more than $8,455,000 of available funds to the
United States Fish and Wildlife Service to acquire water and
water rights, with or without the land to which the rights
are appurtenant, pursuant to subsection 206(a) of the
Truckee-Carson-Pyramid Lake Water Rights Settlement Act
(title II of Public Law 101-618; 104 Stat. 3308).
(b) Section 208 of the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (Public Law 111-85;
123 Stat. 2858) is amended--
(1) in subsection (a)(1)--
(A) by striking ``$66,200,000'' and inserting
``$81,200,000''; and
(B) by inserting ``, and including associated activities
that enhance recovery of the federally threatened Lahontan
cutthroat trout'' after ``Rivers''; and
(2) in subsection (b)(1)(B)--
(A) in clause (i)(I), after ``inflows'', by inserting
``beginning on the date on which the first lease under the
demonstration program is signed''; and
(B) by adding at the end the following:
``(vii) $15,000,000 to be used as described in subparagraph
(A), as determined by the National Fish and Wildlife
Foundation: Provided, That the National Fish and Wildlife
Foundation shall consult with Mono County, California, prior
to spending any funds under this section to lease surface
water rights appurtenant to lands in California.''.
(c) Section 208(a) of division C of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1953)
is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by adding ``and'' at the end;
(B) by striking subsections (D) and (E); and
(C) by redesignating subparagraph (F) as subparagraph (D);
and
(2) in paragraph (3), by striking ``restoration efforts at
the Summit Lake in Northern Washoe County'' and inserting
``restoration and environmental protection efforts at the
Summit Lake in Humboldt County''.
(d) Notwithstanding this section or any amendment made by
this section, the Commissioner of Reclamation may retain
sufficient amounts from funds allocated to the Commissioner
to administer all financial assistance agreements under the
Desert Terminal Lakes program under section 2507 of the Farm
Security and Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107-171).
Sec. 207. The Secretary of the Interior may extend the
contract for water services between the United States and the
East Bench Irrigation District, numbered 14-06-600-3593,
until the earlier of--
(1) the date that is 2 years after the date on which the
contract would have expired if this Act had not been enacted;
or
(2) the date on which a new long-term contract is executed
by the parties to the contract.
Sec. 208. The Secretary of the Interior is hereby
directed, through the Commissioner of Reclamation, to amend
or re-issue Seasonal Recreation Use Permits for the Northside
Trailer Areas 1 and 2 and Southside Trailer Area around Heart
Butte Reservoir (Lake Tschida) in North Dakota to extend the
valid time period for those permits from the current 12 years
to 15 years, to be measured from the date of original
issuance, April 3, 2010. The amended or re-issued permits
shall contain language ensuring the affected permits are
fully transferrable for the full 15-year period.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,242,500,000 to
remain available until expended: Provided, That $145,000,000
shall be available until September 30, 2012 for program
direction: Provided further, That within the amounts
appropriated, $211,580,000 shall be used for the projects
specified in the table that appears under the heading
``Congressionally Directed Energy Efficiency and Renewable
Energy Projects'' in the text and table under this heading in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or
[[Page S9078]]
for plant or facility acquisition, construction, or
expansion, $172,000,000 to remain available until expended:
Provided, That $27,049,000 shall be available until September
30, 2012 for program direction: Provided further, That
within the amounts appropriated, $11,050,000 shall be used
for the projects specified in the table that appears under
the heading ``Congressionally Directed Electricity Delivery
and Energy Reliability Projects'' in the text and table under
this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That notwithstanding
section 3304 of title 5, United States Code, and without
regard to the provisions of sections 3309 through 3318 of
such title 5, the Secretary of Energy, upon a determination
that there is a severe shortage of candidates or a critical
hiring need for particular positions, may from within the
funds provided, recruit and directly appoint highly qualified
individuals into the competitive service: Provided further,
That such authority shall not apply to positions in the
Excepted Service or the Senior Executive Service: Provided
further, That any action authorized herein shall be
consistent with the merit principles of section 2301 of such
title 5, and the Department shall comply with the public
notice requirements of section 3327 of such title 5.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not more than 9 buses, all
for replacement only, $775,000,000, to remain available until
expended: Provided, That $86,452,000 shall be available until
September 30, 2012 for program direction: Provided further,
That if by June 30, 2011 the Secretary has not determined to
proceed with the second project phase of the Next Generation
Nuclear Plant program in accordance with section 643(b)(2) of
the Energy Policy Act of 2005, $23,000,000 of the
$103,000,000 appropriated for the Next Generation Nuclear
Plant program shall be transferred to the Small Modular
Reactor program to remain available until expended: Provided
further, That within the amounts appropriated, $7,800,000
shall be used for the projects specified in the table that
appears under the heading ``Congressionally Directed Nuclear
Energy Projects'' in the text and table under this heading in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Fossil Energy Research and Development
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition of interest, including
defeasible and equitable interests in any real property or
any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological
investigations, and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs under section 2
of the Act of May 16, 1910 (chapter 240; 30 U.S.C. 3) and
sections 3 and 4 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1602
and 1603), $672,000,000, to remain available until expended:
Provided, That $161,000,000 shall be available until
September 30, 2012 for program direction: Provided further,
That within the amounts appropriated, $23,000,000 shall be
used for the projects specified in the table that appears
under the heading ``Congressionally Directed Fossil Energy
Projects'' in the text and table under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $23,614,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil
shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, (42 U.S.C. 6201 et seq.), $209,861,000, to remain
available until expended.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act,
$11,300,000, to remain available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $111,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $244,163,000, to
remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic
Energy Act of 1954, and title X, subtitle A, of the Energy
Policy Act of 1992, $550,000,000 to be derived from the
Uranium Enrichment Decontamination and Decommissioning Fund,
to remain available until expended.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 57 passenger motor
vehicles, 56 of which are for replacement only, including two
law enforcement vehicles, two ambulances, and two buses,
$4,904,000,000, to remain available until expended: Provided,
That $202,000,000 shall remain available until September 30,
2012 for program direction: Provided further, That within
the amounts appropriated, $61,650,000 shall be used for the
projects specified in the table that appears under the
heading ``Congressionally Directed Office of Science
Projects'' in the text and table under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
advanced research projects agency--energy
For necessary expenses in carrying out the activities
authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $200,000,000, to remain available until
expended: Provided, That $20,000,000 shall remain available
until September 30, 2012 for program direction: Provided
further, That of the funds provided in this paragraph, the
Director shall have the authority to fix basic pay and
payments in addition to basic pay without regard to the civil
service laws, provided that aggregate pay does not exceed the
Vice President's salary as specified in 3 U.S.C. section 104.
Title 17 Innovative Technology Loan Guarantee Program
(including rescission of funds)
Subject to section 502 of the Congressional Budget Act of
1974, amounts necessary to support commitments to guarantee
loans under title XVII of the Energy Policy Act of 2005, not
to exceed a total principal amount of $12,000,000,000, to
remain available until committed: Provided, That of such
amount $8,000,000,000 is for nuclear power facilities and
$4,000,000,000 is for fossil energy technologies: Provided
further, That these amounts are in addition to authorities
provided in any other Act: Provided further, That for amounts
collected pursuant to section 1702(b)(2) of the Energy Policy
Act of 2005, the source of such payment received from
borrowers may not be a loan or other debt obligation that is
guaranteed by the Federal Government: Provided further, That
pursuant to section 1702(b)(2) of the Energy Policy Act of
2005, no appropriations are available to pay the subsidy cost
of such guarantees for nuclear power facilities or fossil
energy technologies: Provided further, That none of the loan
guarantee authority made available in this Act shall be
available for commitments to guarantee loans for any projects
where funds, personnel, or property (tangible or intangible)
of any Federal agency, instrumentality, personnel, or
affiliated entity are expected be used (directly or
indirectly) through acquisitions, contracts, demonstrations,
exchanges, grants, incentives, leases, procurements, sales,
other transaction authority, or other arrangements, to
support the project or to obtain goods or services from the
project: Provided further, That the previous proviso shall
not be interpreted as precluding the use of the loan
guarantee authority in this Act for commitments to guarantee
loans for (1) projects as a result of such projects
benefitting from otherwise allowable Federal income tax
benefits; (2) projects as a result of such projects
benefitting from being located on Federal land pursuant to a
lease or right-of-way agreement for which all consideration
for all uses is (A) paid exclusively in cash, (B) deposited
in the Treasury as offsetting receipts, and (C) equal to the
fair market value as determined by the head of the relevant
Federal agency; (3) projects as a result of such projects
benefitting from Federal insurance programs, including under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210;
commonly known as the ``Price-Anderson Act''); or (4)
electric generation projects using transmission facilities
owned or operated by a Federal Power Marketing Administration
or the Tennessee Valley Authority that have been authorized,
approved, and financed independent of the project receiving
the guarantee: Provided further, That none of the loan
guarantee authority made available in this Act shall be
[[Page S9079]]
available for any project unless the Director of the Office
of Management and Budget has certified in advance in writing
that the loan guarantee and the project comply with the
provisions under this section: Provided further, That in
addition to amounts otherwise made available by this Act,
$405,982,000 is appropriated, to remain available until
expended, for the cost of loan guarantees for projects that
employ: (1) new or significantly improved technologies of
renewable energy systems or efficient end-use energy
technologies under section 1703 of the Energy Policy Act of
2005; or (2) notwithstanding section 1703(a)(2), commercial
technologies of renewable energy systems, efficient end-use
energy technologies, or leading edge biofuel projects:
Provided further, That of the authority provided for
commitments to guarantee loans under ``Department of Energy--
Energy Programs--Title 17 Innovative Technology Loan
Guarantee Program'' in title III of division C of Public Law
111-8 and title III of division C of Public Law 110-161,
$18,000,000,000 are rescinded: Provided further, That an
additional amount for necessary administrative expenses to
carry out this Loan Guarantee program, $58,000,000 is
appropriated, to remain available until expended: Provided
further, That $58,000,000 of the fees collected pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be
credited as offsetting collections to this account to cover
administrative expenses and shall remain available until
expended, so as to result in a final fiscal year 2011
appropriations from the general fund estimated at not more
than $0: Provided further, That fees collected under such
section 1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until
appropriated.
Advanced Technology Vehicles Manufacturing Loan Program
For administrative expenses in carrying out the Advanced
Technology Vehicles Manufacturing Loan Program, $9,998,000,
to remain available until expended.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000; $288,872,000, to remain available
until September 30, 2012, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue
increases of the same or greater amount, to remain available
until expended: Provided further, That moneys received by
the Department for miscellaneous revenues estimated to total
$119,740,000 in fiscal year 2011 may be retained and used for
operating expenses within this account, and shall remain
available until September 30, 2012, as authorized by section
201 of Public Law 95-238, notwithstanding the provisions of
31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous
revenues received during 2011, and any related appropriated
receipt account balances remaining from prior years'
miscellaneous revenues, so as to result in a final fiscal
year 2011 appropriation from the general fund estimated at
not more than $169,132,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $42,850,000, to remain available until
September 30, 2012.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, the purchase of not
to exceed one ambulance and one aircraft; $7,008,835,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, $30,000,000 is directed for
the 09-D-007 LANSCE Refurbishment, Los Alamos National
Laboratory, Los Alamos, New Mexico: Provided further, That
within the amounts appropriated, $2,000,000 shall be used for
the projects specified in the table that appears under the
heading ``Congressionally Directed Weapons Activities
Projects'' in the text and table under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed one passenger motor vehicle for replacement
only, $2,575,167,000, to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $945,133,000, to remain
available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator
in the National Nuclear Security Administration, including
official reception and representation expenses not to exceed
$12,000, $438,267,000, to remain available until September
30, 2012: Provided, That within the amounts appropriated,
$13,150,000 shall be used for the projects specified in the
table that appears under the heading ``Congressionally
Directed Office of the Administrator (NNSA) Projects'' in the
text and table under this heading in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed two ambulances and one fire truck for
replacement only, $5,260,135,000, to remain available until
expended, of which $33,700,000 shall be transferred to the
``Uranium Enrichment Decontamination and Decommissioning
Fund'': Provided, That $355,000,000 shall remain available
until September 30, 2012 for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not to exceed 10 passenger
motor vehicles for replacement only, $866,317,000, to remain
available until expended: Provided, That $120,244,000 shall
be available until September 30, 2012 for program direction:
Provided further, That within the amounts appropriated,
$2,000,000 shall be used for the projects specified in the
table that appears under the heading ``Congressionally
Directed Other Defense Activities Projects'' in the text and
table under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $7,000. During fiscal year 2011, no new direct
loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services pursuant to section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southeastern power
area, $8,034,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5
of the Flood Control Act of 1944, up to $8,034,000 collected
by the Southeastern Power Administration from the sale of
power and related services shall be credited to this account
as discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2011
appropriation estimated at not more than $0: Provided
further, That, notwithstanding 31 U.S.C. 3302, up to
$74,157,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
[[Page S9080]]
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the Southwestern Power
Administration, $46,312,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $33,613,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2011 appropriation estimated at
not more than $12,699,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $39,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, including
official reception and representation expenses in an amount
not to exceed $1,500; $285,864,000 to remain available until
expended, of which $277,430,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $180,306,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2011 appropriation estimated at
not more than $105,558,000, of which $97,124,000 is derived
from the Reclamation Fund: Provided further, That of the
amount herein appropriated, $7,627,000 is for deposit into
the Utah Reclamation Mitigation and Conservation Account
pursuant to title IV of the Reclamation Projects
Authorization and Adjustment Act of 1992: Provided further,
That notwithstanding 31 U.S.C. 3302, up to $350,919,000
collected by the Western Area Power Administration pursuant
to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses
shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of
making purchase power and wheeling expenditures: Provided
further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in
the same year that they are incurred (excluding purchase
power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$3,715,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $3,495,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2011 appropriation estimated at
not more than $220,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred.
Federal Energy Regulatory Commission
Salaries and Expenses
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of
passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $315,600,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed
$315,600,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 2011 shall be
retained and used for necessary expenses in this account, and
shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as revenues are received during fiscal year 2011
so as to result in a final fiscal year 2011 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. (a) None of the funds provided in this title
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $5,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $5,000,000 or 10 percent, whichever is less;
(b) The Secretary of Energy may waive this restriction on
reprogramming under subsection (a) for reasons of national
security, safety and health, environmental risk, or to
accomplish project completion. In instances involving the
National Nuclear Security Administration, the Secretary and
the Administrator must jointly waive the restriction.
Sec. 302. None of the funds made available in this title
and subsequent appropriation acts may be used to prepare or
initiate Requests For Proposals (RFPs) or similar
arrangements (including but not limited to: Requests for
Quotations (RFQs), Requests for Information (RFIs), Funding
Opportunity Announcements (FOAs), etc.) for a program or
activity if the program or activity has not been funded by
Congress.
Sec. 303. None of the funds appropriated by this Act and
subsequent appropriation acts may be used--
(1) to augment the funds made available for obligation by
this Act for severance payments and other benefits and
community assistance grants under section 4604 of the Atomic
Energy Defense Act (50 U.S.C. 2704) unless the Department of
Energy submits a reprogramming request to the appropriate
congressional committees; or
(2) to provide enhanced severance payments or other
benefits for employees of the Department of Energy under such
section; or
(3) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy.
Sec. 304. Plant or construction projects for which amounts
are made available under this and subsequent appropriation
Acts with an estimated cost of less than $10,000,000 are
considered for purposes of section 4703 of the Atomic Energy
Defense Act (50 U.S.C. 2743) as a plant project for which the
approved total estimated cost does not exceed the minor
construction threshold and for purposes of section 4704 of
the Atomic Energy Defense Act (50 U.S.C. 2744) as a
construction project with an estimated cost of less than a
minor construction threshold.
Sec. 305. The unexpended balances of prior appropriations
provided for activities in this title may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 306. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2011 until the enactment of the Intelligence
Authorization Act for fiscal year 2011.
Sec. 307. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3A, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 308. None of the funds made available in this title
may be used to take any action to authorize the construction
of any liquefied natural gas terminal or its infrastructure
to be located within 5 miles of the City of Fall River,
Massachusetts, or to authorize vessels carrying liquefied
natural gas to serve such terminal.
Sec. 309. None of the funds made available by this title
may be used to make a discretionary grant allocation,
discretionary grant award, discretionary contract award,
Other
[[Page S9081]]
Transaction Agreement, or to issue a letter of intent
totaling in excess of $1,000,000, or to announce publicly the
intention to make such an award, including a contract covered
by the Federal Acquisition Regulation, unless the Secretary
of Energy notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full
business days in advance of making such an award or issuing
such a letter. The notification shall include the recipient,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, and the account and program
or activity from which the funds are being drawn. If the
Secretary of the Department of Energy determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification and the Committees on Appropriations of the
Senate and the House of Representatives shall be notified not
later than 5 full business days after such an award is made
or letter issued. Purchases of power or transmission services
made by the Federal Power Marketing Administrations shall not
be subject to the notification requirements of this section.
Sec. 310. (a) Notwithstanding any other provision of law,
no funds appropriated in this Act, or any other act, may be
used in fiscal year 2011 to transfer, sell, barter,
distribute, or otherwise provide more than 3.3 million pounds
of natural uranium equivalent of uranium in any form from the
Department's inventory.
(b) Any transfer, sale, barter, distribution, or other
provision of uranium in any form under subsection (a) shall
be carried out consistent with the Department's Excess
Uranium Inventory Management Plan, dated December 16, 2008.
(c) The prohibition in subsection (a) shall not apply to
the transfer, sale, barter, distribution, or provision of
uranium in any form for use in initial reactor cores.
(d) Not less than 30 days prior to the provision of uranium
in any form in accordance with this section, the Secretary
shall notify the House and Senate Committees on
Appropriations, including:
(1) the amount of uranium to be bartered;
(2) the estimated market value of the uranium;
(3) the expected date of provision of the uranium; and
(4) the recipient of the uranium.
Sec. 311. None of the funds made available by this title
or prior appropriation Acts may be used to make a final or
conditional loan guarantee award unless the Secretary of
Energy provides notification of the award, including the
proposed subsidy cost, to the Committees on Appropriations of
the Senate and the House of Representatives at least three
full business days in advance of such award.
Sec. 312. (a) Submission to Congress.--The Secretary of
Energy shall submit to Congress each year, at the time that
the President's budget is submitted to Congress that year
under section 1105(a) of title 31, United States Code, a
future-years energy program reflecting the estimated
expenditures and proposed appropriations included in that
budget. Any such future-years energy program shall cover the
fiscal year with respect to which the budget is submitted and
at least the four succeeding fiscal years. A future-years
energy program shall be included in the fiscal year 2013
budget submission to Congress and every fiscal year
thereafter.
(b) Elements.--Each future-years energy program shall
contain the following:
(1) The estimated expenditures and proposed appropriations
necessary to support programs, projects, and activities of
the Secretary of Energy during the five fiscal year period
covered by the program, expressed in a level of detail
comparable to that contained in the budget submitted by the
President to Congress under section 1105 of title 31, United
States Code.
(2) The estimated expenditures and proposed appropriations
shaped by high-level, prioritized program and budgetary
guidance that is consistent with the Administration's
policies and out-year budget projections and reviewed by the
Department's senior leadership to ensure that the future-
years energy program is consistent and congruent with
previously established program and budgetary guidance.
(3) A description of the anticipated workload requirements
for each national laboratory during the five fiscal year
period.
(c) Consistency in Budgeting.--
(1) The Secretary of Energy shall ensure that amounts
described in subparagraph (A) of paragraph (2) for any fiscal
year are consistent with amounts described in subparagraph
(B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information
submitted to Congress by the Secretary of Energy in support
of expenditure estimates and proposed appropriations in the
budget submitted to Congress by the President under section
1105(a) of title 31, United States Code, for any fiscal year,
as shown in the future-years energy program submitted
pursuant to subsection (a).
(B) The total amounts of estimated expenditures and
proposed appropriations necessary to support the programs,
projects, and activities of the Administration included
pursuant to paragraph (5) of section 1105(a) of such title in
the budget submitted to Congress under that section for any
fiscal year.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, for
necessary expenses for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $76,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $26,086,000, to remain available until
expended.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382C(b)(2), 382F(d), 382M, and 382N of said Act, $13,000,000,
to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the
purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $11,965,000, to
remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to
exceed 80 percent of total project cost for distressed
communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law
105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for nondistressed communities.
Northern Border Regional Commission
For necessary expenses of the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, notwithstanding section
15751(b), $1,500,000, to remain available until expended.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, notwithstanding section
15751(b), $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Nuclear Regulatory Commission
in carrying out the purposes of the Energy Reorganization Act
of 1974 and the Atomic Energy Act of 1954, including official
representation expenses (not to exceed $25,000),
$1,053,483,000, to remain available until expended: Provided,
That of the amount appropriated herein, $10,000,000 shall be
derived from the Nuclear Waste Fund: Provided further, That
revenues from licensing fees, inspection services, and other
services and collections estimated at $915,220,000 in fiscal
year 2011 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2011 so as to
result in a final fiscal year 2011 appropriation estimated at
not more than $138,263,000: Provided further, That of the
amounts appropriated, $10,000,000 is provided to support
university research and development in areas relevant to
their respective organization's mission, and $5,000,000 is to
support a Nuclear Science and Engineering Grant Program that
will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $10,102,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $9,092,000 in fiscal year 2011 shall be retained
and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2011 so as to result in a final fiscal year 2011
appropriation estimated at not more than $1,010,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,891,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal
Coordinator for Alaska Natural Gas
[[Page S9082]]
Transportation Projects pursuant to the Alaska Natural Gas
Pipeline Act of 2004, $4,285,000, to remain available until
expended: Provided, That any fees, charges, or commissions
received pursuant to section 802 of Public Law 110-140 in
fiscal year 2011 in excess of $4,683,000 shall not be
available for obligation until appropriated in a subsequent
Act of Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in this Act
or any other appropriation Act.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2011''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2011
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfers of funds)
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business, $334,650,000, of which not to exceed $38,531,000 is
for executive direction program activities; not to exceed
$66,918,000 is for economic policies and programs activities,
including $1,000,000 that shall be transferred to the
National Academy of Sciences for a study by the Board on
Mathematical Sciences and Their Applications on the long-term
economic effects of the aging population in the United
States, to remain available until September 30, 2012; not to
exceed $86,075,000 is for financial policies and programs
activities; not to exceed $102,613,000 is for terrorism and
financial intelligence activities; and not to exceed
$40,512,000 is for Treasury-wide management policies and
programs activities: Provided, That the Secretary of the
Treasury is authorized to transfer funds appropriated for any
program activity of the Departmental Offices to any other
program activity of the Departmental Offices upon
notification to the Committees on Appropriations: Provided
further, That no appropriation for any program activity shall
be increased or decreased by more than 4 percent by all such
transfers: Provided further, That any change in funding
greater than 4 percent shall be submitted for approval to the
Committees on Appropriations: Provided further, That of the
amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2012, is
for information technology modernization requirements; not to
exceed $200,000 is for official reception and representation
expenses; $400,000 is to support increased international
representation commitments of the Secretary; and not to
exceed $258,000 is for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further,
That of the amount appropriated under this heading,
$6,787,000, to remain available until September 30, 2012, is
for the Treasury-wide Financial Statement Audit and Internal
Control Program, of which such amounts as may be necessary
may be transferred to accounts of the Department's offices
and bureaus to conduct audits: Provided further, That this
transfer authority shall be in addition to any other provided
in this Act: Provided further, That of the amount
appropriated under this heading, $500,000, to remain
available until September 30, 2012, is for secure space
requirements: Provided further, That of the amount
appropriated under this heading, $1,100,000, to remain
available until September 30, 2012, is for salary and
benefits for hiring of personnel whose work will require
completion of a security clearance investigation in order to
perform highly classified work to further the activities of
the Office of Terrorism and Financial Intelligence: Provided
further, That of the amount appropriated under this heading,
up to $3,400,000, to remain available until September 30,
2013, is to develop and implement programs within the Office
of Critical Infrastructure Protection and Compliance Policy,
including entering into cooperative agreements: Provided
further, That of the amount appropriated under this heading,
$3,000,000, to remain available until September 30, 2013, is
for modernizing the Office of Debt Management's information
technology: Provided further, That notwithstanding any other
provision of law, up to $1,000,000, may be contributed to the
Global Forum on Transparency and Exchange of Information for
Tax Purposes, a Part II Program of the Organization for
Economic Cooperation and Development (OECD), to cover the
cost assessed by that organization for Treasury's
participation therein, and to the Forum on Tax Administration
of the OECD in which the Internal Revenue Service
participates, to support the work of that forum to improve
global tax administration: Provided further, That of the
amount appropriated under this heading, $2,500,000 shall be
to supplement and not supplant training, recruitment,
retention, and hiring additional members of the acquisition
workforce as defined by the Office of Federal Procurement
Policy Act (41 U.S.C. 401 et seq.) and for information
technology in support of acquisition workforce effectiveness
and management.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $11,000,000, to remain available
until September 30, 2013: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $32,269,000, of which not to exceed $2,000,000 for
official travel expenses, including hire of passenger motor
vehicles; of which not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General of the
Treasury, and of which not to exceed $2,500 shall be
available for official reception and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, including purchase (not to exceed 150 for
replacement only for police-type use) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $155,452,000, of
which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000
shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration;
and of which not to exceed $1,500 shall be available for
official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $49,600,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses, including for course development, of
non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign
financial intelligence activities, law enforcement, and
financial regulation; not to exceed $14,000 for official
reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without
reimbursement, $121,000,000, of which not to exceed
$45,835,000 shall remain available until September 30, 2013;
and of which $9,268,000 shall remain available until
September 30, 2012: Provided, That funds appropriated in this
account may be used to procure personal services contracts.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$370,000,000 are rescinded.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$235,253,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2013, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $101,000,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement.
[[Page S9083]]
United States Mint
united states mint public enterprise fund
Pursuant to 31 U.S.C. 5136, the United States Mint is
provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments.
The aggregate amount of new liabilities and obligations
incurred during fiscal year 2011 under such section 5136 for
circulating coinage and protective service capital
investments of the United States Mint shall not exceed
$25,000,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt
issues of the United States, $185,985,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed
$2,000,000 shall remain available until September 30, 2013,
for systems modernization: Provided, That the sum
appropriated herein from the general fund for fiscal year
2011 shall be reduced by not more than $10,000,000 as
definitive security issue fees and Legacy Treasury Direct
Investor Account Maintenance fees are collected, so as to
result in a final fiscal year 2011 appropriation from the
general fund estimated at $175,985,000. In addition, $110,000
to be derived from the Oil Spill Liability Trust Fund to
reimburse the Bureau for administrative and personnel
expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and
Financial Institutions Act of 1994 (Public Law 103-325),
including services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for ES-3, notwithstanding 12 U.S.C. 4707(d) and (e),
$277,400,000, to remain available until September 30, 2012;
of which $12,000,000 shall be for financial assistance,
technical assistance, training and outreach programs designed
to benefit Native American, Native Hawaiian, and Alaskan
Native communities and provided primarily through qualified
community development lender organizations with experience
and expertise in community development banking and lending in
Indian country, Native American organizations, tribes and
tribal organizations and other suitable providers; of which
$1,000,000 shall be available for the grant program under
section 1132 of division A of the Housing and Economic
Recovery Act of 2008 (Public Law 110-289); of which,
notwithstanding 12 U.S.C. 4707(d) and (e), up to $25,000,000
shall be for a Healthy Food Financing Initiative to provide
grants and loans to community development financial
institutions for the purpose of offering affordable financing
and technical assistance to expand the availability of
healthy food options in distressed communities; of which up
to $52,400,000 shall be for initiatives designed to enable
individuals with low or moderate income levels to establish
bank accounts and to improve access to the provision of bank
accounts as authorized by sections 1204 and 1205 of Public
Law 111-203, of which not less than $2,400,000 shall be for
an eligible entity or entities located in the State of
Hawaii; of which up to $5,000,000 shall be for grants to
establish loan-loss reserve funds to defray the costs of
small dollar loan programs as authorized by section 1206 of
Public Law 111-203; and of which up to $26,000,000 may be
used for administrative expenses, including administration of
the New Markets Tax Credit.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service
(IRS) to provide taxpayer services, including pre-filing
assistance and education, filing and account services,
taxpayer advocacy services, and other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,338,215,000, of which not less than
$6,500,000 shall be for the Tax Counseling for the Elderly
Program, of which not less than $10,500,000 shall be
available for low-income taxpayer clinic grants, of which not
less than $14,000,000, to remain available until September
30, 2012, shall be available for a Community Volunteer Income
Tax Assistance matching grants program for tax return
preparation assistance, and of which not less than
$212,500,000 shall be available for operating expenses of the
Taxpayer Advocate Service.
enforcement
(including transfer of funds)
For necessary expenses for tax enforcement activities of
the IRS to determine and collect owed taxes, to provide legal
and litigation support, to conduct criminal investigations,
to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase
(for police-type use, not to exceed 850) and hire passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $5,709,547,000, of which
not less than $60,257,000 shall be for the Interagency Crime
and Drug Enforcement program: Provided, That up to
$10,000,000 may be transferred as necessary from this account
to ``Operations Support'' solely for the purposes of the
Interagency Crime and Drug Enforcement program: Provided
further, That this transfer authority shall be in addition to
any other transfer authority provided in this Act.
operations support
For necessary expenses of the IRS to support taxpayer
services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities;
research and statistics of income; telecommunications;
information technology development, enhancement, operations,
maintenance, and security; the hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner; $4,079,591,000, of which up
to $75,000,000 shall remain available until September 30,
2012, for information technology support; of which up to
$65,000,000 shall remain available until expended for
acquisition of real property, equipment, construction and
renovation of facilities; and of which not to exceed
$1,000,000 shall remain available until September 30, 2013,
for research; of which not less than $2,000,000 shall be for
the IRS Oversight Board; of which not to exceed $25,000 shall
be for official reception and representation.
business systems modernization
For necessary expenses of the IRS's business systems
modernization program, $364,181,000, to remain available
until September 30, 2013, for the capital asset acquisition
of information technology systems, including management and
related contractual costs of said acquisitions, including
related IRS labor costs, and contractual costs associated
with operations authorized by 5 U.S.C. 3109: Provided, That,
with the exception of labor costs, none of these funds may be
obligated until the IRS submits to the Committees on
Appropriations, and such Committees approve, a plan for
expenditure that: (1) meets the capital planning and
investment control review requirements established by the
Office of Management and Budget (OMB), including Circular A-
11; (2) complies with the IRS's enterprise architecture,
including the modernization blueprint; (3) conforms with the
IRS's enterprise life cycle methodology; (4) is approved by
the IRS, the Department of the Treasury, and OMB; (5) has
been reviewed by the Government Accountability Office; and
(6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.
health insurance tax credit administration
For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $18,987,000.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the IRS or not to exceed 3
percent of appropriations under the heading ``Enforcement''
may be transferred to any other IRS appropriation upon the
advance approval of the Committees on Appropriations.
Sec. 102. The IRS shall maintain a training program to
ensure that IRS employees are trained in taxpayers' rights,
in dealing courteously with taxpayers, and in cross-cultural
relations.
Sec. 103. The IRS shall institute and enforce policies and
procedures that will safeguard the confidentiality of
taxpayer information.
Sec. 104. Funds made available by this or any other Act to
the IRS shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800
help line service for taxpayers. The Commissioner shall
continue to make the improvement of the IRS 1-800 help line
service a priority and allocate resources necessary to
increase phone lines and staff to improve the IRS 1-800 help
line service.
Sec. 105. None of the funds made available in this Act may
be used to enter into, renew, extend, administer, implement,
enforce, or provide oversight of any qualified tax collection
contract (as defined in section 6306 of the Internal Revenue
Code of 1986).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 106. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 107. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Special Inspector
General for the Troubled Asset Relief Program, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crimes Enforcement Network, and Bureau of the
Public Debt, may be transferred between such appropriations
[[Page S9084]]
upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 108. Not to exceed 2 percent of any appropriation
made available in this Act to the IRS may be transferred to
the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 109. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with departmental
vehicle management principles: Provided, That the Secretary
may delegate this authority to the Assistant Secretary for
Management.
Sec. 110. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 111. The Secretary of the Treasury may transfer funds
from Financial Management Service, Salaries and Expenses to
the Debt Collection Fund as necessary to cover the costs of
debt collection: Provided, That such amounts shall be
reimbursed to such salaries and expenses account from debt
collections received in the Debt Collection Fund.
Sec. 112. Section 122(g)(1) of Public Law 105-119 (5
U.S.C. 3104 note), is further amended by striking ``12
years'' and inserting ``13 years''.
Sec. 113. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations, the
House Committee on Financial Services, and the Senate
Committee on Banking, Housing and Urban Affairs.
Sec. 114. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations.
Sec. 115. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2011
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2011.
Sec. 116. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 117. The Secretary of the Treasury shall notify the
Committees on Appropriations of any proposed transfer of
funds available under 31 U.S.C. 9703(g)(4)(B) from the
Department of the Treasury Forfeiture Fund to any agency or
account within the Department of the Treasury: Provided, That
none of the funds identified for such transfer may be
obligated until the Committees on Appropriations approve the
proposed transfers in writing: Provided further, That none of
the funds identified for such transfers may be used to
initiate or resume any project, program, or activity for
which appropriations, funds, or other authority are not
available during fiscal year 2011: Provided further, That
none of the funds identified for such transfer may be used
during fiscal year 2011 for any project, program, or activity
for which appropriations, funds, or other authority will be
necessary to continue or complete such project, program, or
activity in fiscal year 2012 or thereafter without prior
notification of the multi-year nature and cost estimate of
the project, program, or activity and written approval of the
Committees on Appropriations: Provided further, That none of
the funds identified for such transfer may be used for the
purpose of any large-scale information technology
modernization project.
Sec. 118. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
not later than 30 days following the submission of the annual
budget for the Administration submitted by the President.
Such Capital Investment Plan shall include capital investment
spending included in the annual budget for the administration
on programs, projects, or activities of the Department of the
Treasury from all accounts within the Department of the
Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, the Working
Capital Fund account, and the Treasury Forfeiture Fund
account. Such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
This title may be cited as the ``Department of the
Treasury Appropriations Act, 2011''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to 31 U.S.C. 1552.
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103);
and not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President; and for necessary expenses of the
Office of Policy Development, including services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $59,859,000, of
which not less than $1,400,000 shall be for the Office of
National AIDS Policy.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $14,006,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House, $2,005,000, to remain
available until expended, for required maintenance,
resolution of safety and health issues, and continued
preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,403,000.
[[Page S9085]]
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $14,134,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$115,280,000, of which $12,777,000 shall remain available
until expended for continued modernization of the information
technology infrastructure within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget (OMB), including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109 and to carry out the
provisions of chapter 35 of title 44, U.S.C., $92,863,000, of
which not to exceed $3,000 shall be available for official
representation expenses: Provided, That none of the funds
appropriated in this Act for OMB may be used for the purpose
of reviewing any agricultural marketing orders or any
activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made
available for OMB by this Act may be expended for the
altering of the transcript of actual testimony of witnesses,
except for testimony of officials of OMB, before the
Committees on Appropriations or their subcommittees: Provided
further, That none of the funds provided in this or prior
Acts shall be used, directly or indirectly, by OMB, for
evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through
the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to
the Civil Works water resource planning process: Provided
further, That OMB shall have not more than 60 days in which
to perform budgetary policy reviews of water resource matters
on which the Chief of Engineers has reported: Provided
further, That the Director of OMB shall notify the
appropriate authorizing and appropriating committees when the
60-day review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the OMB review period based on the notification
from the Director, Congress shall assume OMB concurrence with
the report and act accordingly.
Government-wide Management Councils
(including transfer of funds)
Notwithstanding 31 U.S.C. 1346 and section 708 of this Act,
the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of
the Director of the Office of Management and Budget (OMB),
funds made available for fiscal year 2011 by this or any
other Act, including rebates from charge card and other
contracts: Provided, That these funds shall be administered
by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations,
initiatives, and activities, as approved by the Director of
OMB, in consultation with the appropriate interagency and
multi-agency groups designated by the Director, including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives: Provided
further, That the total funds transferred or reimbursed shall
not exceed $17,000,000: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year
2011 shall remain available for obligation through September
30, 2012: Provided further, That such transfers or
reimbursements may only be made following written approval of
the Committees on Appropriations.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$27,900,000; of which up to $1,235,000 may remain available
until expended upon receipt of an expenditure plan for policy
research and evaluation: Provided, That the Office is
authorized to accept, hold, administer, and utilize gifts,
both real and personal, public and private, without fiscal
year limitation, for the purpose of aiding or facilitating
the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $239,000,000, to remain available until September
30, 2012, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy (``the Director''), of
which up to $2,700,000 may be used for auditing services and
associated activities (including up to $500,000 to ensure the
continued operation and maintenance of the Performance
Management System): Provided further, That, notwithstanding
the requirements of Public Law 106-58, any unexpended funds
obligated prior to fiscal year 2009 may be used for any other
approved activities of that High Intensity Drug Trafficking
Area, subject to reprogramming requirements: Provided
further, That each High Intensity Drug Trafficking Area
designated as of September 30, 2010, shall be funded at not
less than the fiscal year 2010 base level, unless the
Director submits to the Committees on Appropriations
justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug
Control Policy performance measures of effectiveness:
Provided further, That the Director shall notify the
Committees on Appropriations of the initial allocation of
fiscal year 2011 funding among HIDTAs not later than 45 days
after enactment of this Act, and shall notify the Committees
of planned uses of discretionary HIDTA funding, as determined
in consultation with the HIDTA Directors, not later than 90
days after enactment of this Act.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $150,825,000, to remain available until
expended, which shall be available as follows: $40,000,000 to
support a national media campaign; $96,000,000 for the Drug-
Free Communities Program, of which $2,000,000 shall be made
available as directed by section 4 of Public Law 107-82, as
amended by Public Law 109-469 (21 U.S.C. 1521 note);
$1,500,000 for the National Drug Court Institute; $10,000,000
for the United States Anti-Doping Agency for anti-doping
activities; $1,900,000 for the United States membership dues
to the World Anti-Doping Agency; $1,187,500 for the National
Alliance for Model State Drug Laws; and $237,500 for
evaluations and research related to National Drug Control
Program performance measures, which may be transferred to
other Federal departments and agencies to carry out such
activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2012.
Integrated, Efficient and Effective Uses of Information Technology
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, and effective uses of information technology in
the Federal Government, including the development and
operation of government-wide shared information technology
services, the implementation of consolidated, resource-saving
and energy-efficient platforms, and the development and
operation of information technology security services and the
provision of architectural expertise to promote inter-agency
interoperability, $37,500,000, to remain available until
September 30, 2013: Provided, That the Director of the Office
of Management and Budget (OMB) may transfer these funds to
one or more Federal agencies to carry out projects to meet
these purposes: Provided further, That such transfers may
only be made following written approval of the Committees on
Appropriations: Provided further, That the Director of OMB
shall submit a progress report to the Committees on
Appropriations not later than March 31, 2011 and semiannually
thereafter until the program is completed, including detailed
information on goals, objectives, performance measures, and
evaluations of the program in general and of each specific
project funded pursuant to this initiative.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,657,000.
[[Page S9086]]
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official
entertainment expenses of the Vice President, to be accounted
for solely on his certificate, $335,000: Provided, That
advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of
carrying out such activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, 15 days after giving notice to the Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further,
That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice
President'' without the approval of the Vice President.
Sec. 202. The Director of the Office of National Drug
Control Policy shall submit to the Committees on
Appropriations not later than 60 days after the date of
enactment of this Act, and prior to the initial obligation of
more than 20 percent of the funds appropriated in any account
under the heading ``Office of National Drug Control Policy'',
a detailed narrative and financial plan on the proposed uses
of all funds under the account by program, project, and
activity: Provided, That the reports required by this section
shall be updated and submitted to the Committees on
Appropriations every 6 months and shall include information
detailing how the estimates and assumptions contained in
previous reports have changed: Provided further, That any new
projects and changes in funding of ongoing projects shall be
subject to the prior approval of the Committees on
Appropriations.
Sec. 203. Not to exceed 2 percent of any appropriations in
this Act made available to the Office of National Drug
Control Policy may be transferred between appropriated
programs upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations
in this Act made available to the Office of National Drug
Control Policy may be reprogrammed among object class,
program, project, or activity upon the advance approval of
the Committees on Appropriations.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2011''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $77,758,000, of which $2,000,000 shall remain
available until expended.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $14,788,000, to
remain available until expended, of which $5,000,000 may not
be obligated or expended until the Committee on
Appropriations receives a detailed capital improvements
report as required by Senate Report 111-238, filed on July
29, 2010.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $34,273,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$22,251,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $5,177,568,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $4,785,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A, and
also under 18 U.S.C. 3599, in cases in which a defendant is
charged with a crime that may be punishable by death; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert, and other services under 18
U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2),
in cases in which a defendant is charged with a crime that
may be punishable by death; the compensation (in accordance
with the maximums under 18 U.S.C. 3006A) and reimbursement of
expenses of attorneys appointed to assist the court in
criminal cases where the defendant has waived representation
by counsel; the compensation and reimbursement of travel
expenses of guardians ad litem, appointed under 18 U.S.C.
4100(b); acting on behalf of financially eligible minor or
incompetent offenders in connection with transfers from the
United States to foreign countries with which the United
States has a treaty for the execution of penal sentences (18
U.S.C. 4109(b)); the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil
actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d)(1); the compensation and reimbursement
of expenses of attorneys appointed under 18 U.S.C. 983(b)(1)
in connection with certain judicial civil forfeiture
proceedings; and for necessary training and general
administrative expenses, $1,050,458,000, to remain available
until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $52,410,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $489,753,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $86,968,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law
[[Page S9087]]
90-219, $28,284,000; of which $1,800,000 shall remain
available through September 30, 2012, to provide education
and training to Federal court personnel; and of which not to
exceed $1,500 is authorized for official reception and
representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $79,061,400; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$7,300,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$4,000,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, U.S.C., $17,595,000, of
which not to exceed $1,000 is authorized for official
reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Within 90 days after the date of the enactment
of this Act, the Administrative Office of the U.S. Courts
shall submit to the Committees on Appropriations a
comprehensive financial plan for the Judiciary allocating all
sources of available funds including appropriations, fee
collections, and carryover balances, to include a separate
and detailed plan for the Judiciary Information Technology
Fund, which will establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year.
Sec. 305. Section 3314(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 306. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 307. Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended--
(1) in the third sentence (relating to the District of
Kansas), by striking ``19 years'' and inserting ``20 years,
plus any additional periods of time in which funding for the
judiciary in fiscal year 2012 is provided by continuing
resolutions'';
(2) in the sixth sentence (relating to the Northern
District of Ohio), by striking ``19 years'' and inserting
``20 years, plus any additional periods of time in which
funding for the judiciary in fiscal year 2012 is provided by
continuing resolutions''; and
(3) in the seventh sentence (relating to the District of
Hawaii), by striking ``16 years'' and inserting ``17 years,
plus any additional periods of time in which funding for the
judiciary in fiscal year 2012 is provided by continuing
resolutions''.
This title may be cited as the ``Judiciary Appropriations
Act, 2011''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $35,100,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District
of Columbia Chief Financial Officer, who shall use those
funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, That the Office of
the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations for
these funds showing, by object class, the expenditures made
and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $15,000,000, to remain available
until expended and in addition any funds that remain
available from prior year appropriations under this heading
for the District of Columbia Government, for the costs of
providing public safety at events related to the presence of
the national capital in the District of Columbia, including
support requested by the Director of the United States Secret
Service Division in carrying out protective duties under the
direction of the Secretary of Homeland Security, and for the
costs of providing support to respond to immediate and
specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $258,168,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $12,998,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the District of Columbia
Superior Court, $110,149,000, of which not to exceed $2,500
is for official reception and representation expenses; for
the District of Columbia Court System, $65,371,000, of which
not to exceed $2,500 is for official reception and
representation expenses; and $69,650,000, to remain available
until September 30, 2012, for capital improvements for
District of Columbia courthouse facilities, including
structural improvements to the District of Columbia cell
block at the Moultrie Courthouse, of which $13,670,000 is for
renovation of courtrooms and chambers in the Moultrie
Courthouse: Provided, That funds made available for capital
improvements shall be expended consistent with the General
Services Administration (GSA) master plan study and building
evaluation report: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the GSA, and such services shall
include the preparation of monthly financial reports, copies
of which shall be submitted directly by GSA to the President
and to the Committees on Appropriations, the House Committee
on Oversight and Government Reform, and the Senate Committee
on Homeland Security and Governmental Affairs: Provided
further, That upon prior approval of the Committees on
Appropriations, the District of Columbia Courts may
reallocate not more than 10 percent of the funds provided
under this heading among the items and entities funded under
this heading for operations but no such allocation shall be
increased by more than 10 percent.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments for counsel authorized
under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $55,000,000, to remain available until
expended: Provided, That funds provided under this heading
shall be administered by the Joint Committee on Judicial
Administration in the District of
[[Page S9088]]
Columbia: Provided further, That notwithstanding any other
provision of law, this appropriation shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies, with
payroll and financial services to be provided on a
contractual basis with the General Services Administration
(GSA), and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on
Appropriations, the House Committee on Oversight and
Government Reform, and the Senate Committee on Homeland
Security and Governmental Affairs.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $217,783,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$1,000,000 shall remain available until September 30, 2013
for relocation of the Pretrial Services Agency drug testing
laboratory; of which $156,472,000 shall be for necessary
expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision
of adults subject to protection orders or the provision of
services for or related to such persons; of which $61,311,000
shall be available to the Pretrial Services Agency: Provided,
That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That
not less than $1,500,000 shall be available for re-entrant
housing in the District of Columbia: Provided further, That
the Director is authorized to accept and use gifts in the
form of in-kind contributions of space and hospitality to
support offender and defendant programs, and equipment and
vocational training services to educate and train offenders
and defendants: Provided further, That the Director shall
keep accurate and detailed records of the acceptance and use
of any gift or donation under the previous proviso, and shall
make such records available for audit and public inspection:
Provided further, That the Court Services and Offender
Supervision Agency Director is authorized to accept and use
reimbursement from the District of Columbia Government for
space and services provided on a cost reimbursable basis.
federal payment to the public defender service for the district of
columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$40,690,000: Provided, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $25,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,800,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2012, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$205,000.
federal payment to the office of the chief financial officer for the
district of columbia
For a Federal payment to the Office of the Chief Financial
Officer for the District of Columbia, $1,475,000, in the
amounts and for the projects specified in the table that
appears under the heading ``Federal Payment to the Office of
the Chief Financial Officer for the District of Columbia'' in
the explanatory statement described in section 4: Provided,
That each entity that receives funding under this heading
shall submit to the Office of the Chief Financial Officer for
the District of Columbia (CFO), not later than 60 days after
enactment of this Act, a detailed budget and comprehensive
description of the activities to be carried out with such
funds, and the CFO shall submit a comprehensive report to the
Committees on Appropriations not later than June 1, 2011.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $72,400,000, to be allocated as
follows: for the District of Columbia Public Schools,
$43,000,000 to improve public school education in the
District of Columbia; for the State Education Office,
$20,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until expended; for
the Secretary of the Department of Education, $9,400,000 to
provide opportunity scholarships for students in the District
of Columbia in accordance with title III of division C of the
District of Columbia Appropriations Act, 2004 (Public Law
108-199; 118 Stat. 126), to remain available until expended,
of which up to $1,000,000 may be used to administer and fund
assessments: Provided, That notwithstanding the second
proviso under this heading in Public Law 111-8, funds
provided herein may only be used to provide opportunity
scholarships to students who received scholarships in the
2010-2011 school year: Provided further, That funds available
under this heading for opportunity scholarships, including
from prior-year appropriations Acts, may be made available
only for scholarships to students who received scholarships
in the 2010-2011 school year: Provided further, That none of
the funds provided in this Act or any other Act for
opportunity scholarships may be used by an eligible student
to enroll in a participating school under the DC School
Choice Incentive Act of 2003 unless (1) the participating
school has and maintains a valid certificate of occupancy
issued by the District of Columbia; (2) the core subject
matter teachers of the eligible student hold 4-year
bachelor's degrees; and (3) the participating school is in
compliance with the accreditation and other standards
prescribed under the District of Columbia compulsory school
attendance laws that apply to educational institutions not
affiliated with the District of Columbia Public Schools:
Provided further, That the Secretary of Education shall
ensure that site inspections of participating schools are
conducted at least twice annually.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $1,375,000, to remain available until expended for the
District of Columbia National Guard, of which $375,000 shall
be available for the ``Major General David F. Wherley, Jr.
District of Columbia National Guard Retention and College
Access Program''.
federal payment for housing for the homeless
For a Federal payment to the District of Columbia,
$10,000,000, to remain available until September 30, 2012, to
support permanent supportive housing programs in the
District.
federal payment for redevelopment of the st. elizabeths hospital campus
For a Federal payment to the District of Columbia,
$2,000,000, to remain available until September 30, 2012, for
planning activities to support redevelopment efforts at the
site of the former St. Elizabeths Hospital in the District of
Columbia.
federal payment for hiv/aids prevention
For a Federal payment to the District of Columbia,
$5,000,000, to remain available until September 30, 2012, to
support initiatives designed to reduce the incidence of human
immunodeficiency virus and acquired immunodeficiency syndrome
in the District of Columbia.
District of Columbia Funds
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the General Fund
of the District of Columbia (``General Fund''), except as
otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as
provided in section 450A of the District of Columbia Home
Rule Act, (114 Stat. 2440; D.C. Official Code, section 1-
204.50a) and provisions of the Fiscal Year 2011 Budget
Request Act, the total amount appropriated in this Act for
operating expenses for the District of Columbia for fiscal
year 2011 under this heading shall not exceed the lesser of
the sum of the total revenues of the District of Columbia for
such fiscal year or $10,440,946,000 (of which $5,790,842,000
shall be from local funds, (including $402,685,000 from
dedicated taxes), $2,611,497,000 shall be from Federal grant
funds, $2,031,730,000 shall be from other funds, and
$6,877,000 shall be from private funds); in addition,
$169,650,000 from funds previously appropriated in this Act
as Federal payments, which does not include funds
appropriated under the American Recovery and Reinvestment Act
of 2009: Provided further, That of the local funds, such
amounts as may be necessary may be derived from the
District's General Fund balance: Provided further, That of
these funds the District's intradistrict authority shall be
$567,683,000: in addition for capital construction projects,
an increase of $1,390,591,000, of which $1,121,261,000 shall
be from local funds, $46,350,000 from the District of
Columbia Highway Trust fund, $32,523,000 from the Local
Street Maintenance fund, $190,457,000 from Federal grant
funds, and a rescission of $741,735,000 from local funds and
a rescission of $145,874,000 from Local Street Maintenance
[[Page S9089]]
funds appropriated under this heading in prior fiscal years
for a net amount of $502,983,000, to remain available until
expended: Provided further, That the amounts provided under
this heading are to be available, allocated and expended as
proposed under title III of the Fiscal Year 2011 Budget
Request Act of 2010 at the rate set forth under ``District of
Columbia Funds Division of Expenses'' of the Fiscal Year 2011
Proposed Budget and Financial Plan submitted to the Congress
of the United States by the District of Columbia: Provided
further, That this amount may be increased by proceeds of
one-time transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act (87 Stat.
777; D.C. Official Code sec. 1-201.01 et seq.): Provided
further, That the Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to assure
that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of
the appropriations and funds made available to the District
during fiscal year 2011, except that the Chief Financial
Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for
capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2011''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$2,800,000, to remain available until September 30, 2012, of
which not to exceed $1,000 is for official reception and
representation expenses.
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship
Foundation, established by section 423 of Public Law 102-281,
$750,000, to remain available until expended.
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $286,000,000, to remain available
until September 30, 2012, including not to exceed $3,000 for
official reception and representation expenses, and not to
exceed $25,000 for the expenses for consultations and
meetings hosted by the Commission with foreign governmental
and other regulatory officials.
Consumer Product Safety Commission
salaries and expenses
(including rescission)
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $2,000 for official
reception and representation expenses, $120,600,000, of which
$2,000,000 shall remain available until September 30, 2012,
for the grant program under section 1405 of the Virginia
Graeme Baker Pool and Spa Safety Act (Public Law 110-140; 15
U.S.C. 8004): Provided, That of the amount made available
under this heading for such program in title V of division C
of Public Law 111-117, $2,000,000 are rescinded.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $17,100,000, of which
$3,250,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002: Provided,
That $750,000 shall be for the Help America Vote College
Program as authorized by the Help America Vote Act of 2002:
Provided further, That $300,000 shall be for a competitive
grant program to support community involvement in student and
parent mock elections.
election reform programs
For purposes of determining the eligibility of a State to
receive a requirements payment under part 1 of subtitle D of
title II of the Help America Vote Act of 2002 (42 U.S.C.
15401 et seq.) for fiscal year 2011, any unobligated amount
in the election fund of the State under section 254(b) of
such Act which is attributable to interest earned on amounts
appropriated to the fund by the State may, at the option of
the State, be included under section 253(b)(5) of such Act.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$355,500,000: Provided, That $355,500,000 of offsetting
collections shall be assessed and collected pursuant to
section 9 of title I of the Communications Act of 1934, shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2011 so as to result in a final fiscal year 2011
appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $355,500,000 in
fiscal year 2011 shall not be available for obligation:
Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for
collection in each such year and otherwise becoming available
on October 1, 2010, shall not be available for obligation:
Provided further, That notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $85,000,000 for fiscal year 2011: Provided
further, That of the amount appropriated under this heading,
not less than $9,345,217 shall be for the salaries and
expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 501. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2010'', each place it appears and
inserting ``December 31, 2011''.
Sec. 502. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $47,916,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $69,800,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$26,000,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$316,500,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $96,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $21,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2011, so as to result in a final fiscal year 2011
appropriation from the general fund estimated at not more
than
[[Page S9090]]
$199,500,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
Amounts in the Fund, including revenues and collections
deposited into the Fund shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally
owned buildings including grounds, approaches and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $8,666,570,000,
of which: (1) $492,722,000 shall remain available until
expended for construction and acquisition (including funds
for sites and expenses and associated design and construction
services) of additional projects at the following locations:
New Construction:
Colorado:
Lakewood, Denver Federal Center Remediation, $7,957,000.
District of Columbia:
Washington, St. Elizabeths DHS Consolidation and
Development, $267,675,000.
Washington, St. Elizabeths Historic Preservation
Mitigation, $4,990,000.
Washington, St. Elizabeths Highway Interchange, $8,350,000.
Maine:
Calais, Ferry Point Land Port of Entry, $1,552,000.
Maryland:
White Oak, Food and Drug Administration Consolidation,
$173,773,000.
Michigan:
Detroit, P. V. McNamara Federal Building FBI Garage,
$3,658,000.
West Virginia:
Martinsburg, IRS Annex, $24,767,000:
Provided, That, for the new courthouse project in Salt Lake
City, Utah, for which funds have been appropriated in Public
Law 111-117 and other Acts, the total estimated cost,
exclusive of any permitted escalations, shall not exceed
$185,700,000: Provided further, That each of the foregoing
limits of costs on new construction projects may be exceeded
to the extent that savings are effected in other such
projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless
advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That
all funds for direct construction projects shall expire on
September 30, 2012 and remain in the Federal Buildings Fund
except for funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to
such date: Provided further, That for fiscal year 2012 and
thereafter, the annual budget submission to Congress for the
General Services Administration shall include a detailed 5-
year plan for Federal building construction projects with a
yearly update of total projected future funding needs:
Provided further, That for fiscal year 2012 and thereafter,
the annual budget submission to Congress for the General
Services Administration shall, in consultation with U.S.
Customs and Border Protection, include a detailed 5-year plan
for Federal land port-of-entry projects with a yearly update
of total projected future funding needs; (2) $500,014,000
shall remain available until expended for repairs and
alterations, which includes associated design and
construction services:
Repairs and Alterations:
California:
Richmond, Frank Hagel Federal Building, $113,620,000.
Van Nuys, James C. Corman Federal Building, $11,039,000.
District of Columbia:
Washington, West Wing Design Phase II, $6,245,000.
Indiana:
Indianapolis, Major General Emmett J. Bean Federal Center,
$65,813,000.
New York:
New York, Daniel Patrick Moynihan United States Courthouse,
$28,000,000.
Special Emphasis Programs:
Energy and Water Retrofit and Conservation Measures,
$15,000,000.
Fire Prevention Program, $10,000,000.
Wellness and Fitness Program, $3,500,000.
Judiciary Capital Security Program, $20,000,000.
Basic Repairs and Alterations, $226,797,000:
Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
amount identified for each project, except each project in
this or any previous Act may be increased by an amount not to
exceed 10 percent unless advance approval is obtained from
the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the
funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used
to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 2012 and
remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have
been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects; (3) $135,540,000
for installment acquisition payments including payments on
purchase contracts which shall remain available until
expended; (4) $5,216,946,000 for rental of space which shall
remain available until expended; and (5) $2,321,348,000 for
building operations which shall remain available until
expended: Provided further, That funds available to the
General Services Administration shall not be available for
expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by 40
U.S.C. 3307(a), has not been approved, except that necessary
funds may be expended for each project for required expenses
for the development of a proposed prospectus: Provided
further, That funds available in the Federal Buildings Fund
may be expended for emergency repairs when advance approval
is obtained from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable
special services to other agencies under 40 U.S.C. 592(b)(2)
and amounts to provide such reimbursable fencing, lighting,
guard booths, and other facilities on private or other
property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections:
Provided further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 2011, excluding
reimbursements under 40 U.S.C. 592(b)(2) in excess of the
aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and services as authorized by
5 U.S.C. 3109 and the Office of Federal High Performance
Green Buildings; $77,621,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; the Civilian Board of Contract Appeals;
services as authorized by 5 U.S.C. 3109; and not to exceed
$7,500 for official reception and representation expenses;
$72,203,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $61,025,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses
[[Page S9091]]
of the Internet and other electronic methods, $20,000,000, to
remain available until expended: Provided, That these funds
may be transferred to Federal agencies to carry out the
purpose of the Fund: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That such
transfers may not be made until 15 days after a proposed
spending plan and explanation for each project to be
undertaken has been submitted to the Committees on
Appropriations.
allowances and office staff for former presidents
For carrying out the provisions of 3 U.S.C. 102 note and
Public Law 95-138, $3,907,000.
federal acquisition workforce initiatives fund
(including transfers of funds)
For necessary expenses in support of government-wide
investments in the capacity and capabilities of the
acquisition workforce, $10,000,000; of which $4,000,000 shall
be available for salaries, curriculum development, competency
management, certification management and career management:
Provided, That up to 25 percent of the total amount
appropriated herein may be transferred among such
appropriations: Provided further, That these funds shall be
administered by the Administrator of General Services, as
approved by the Director of OMB: Provided further, That such
funds may be transferred to Federal agencies, as approved by
the Director of OMB, to carry out the purposes provided
herein: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this
Act; and of which $6,000,000 shall be available to create and
maintain the contractor inventory database required by
section 743 of Public Law 111-117.
federal citizen services fund
For necessary expenses of the Office of Citizen Services,
including services authorized by 5 U.S.C. 3109, $36,825,000,
to be deposited into the Federal Citizen Services Fund:
Provided, That the appropriations, revenues, and collections
deposited into the Fund shall be available for necessary
expenses of Federal Citizen Services activities in the
aggregate amount not to exceed $100,000,000. Appropriations,
revenues, and collections accruing to this Fund during fiscal
year 2011 in excess of such amount shall remain in the Fund
and shall not be available for expenditure except as
authorized in appropriations Acts.
administrative provisions--general services administration
(including transfers of funds)
Sec. 510. Funds available to the General Services
Administration (GSA) shall be available for the hire of
passenger motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made
available for fiscal year 2011 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
Sec. 512. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2012 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by
GSA, the Judicial Conference of the United States, and OMB;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction
plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or
expanded.
Sec. 513. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
GSA in compliance with the Public Buildings Amendments Act of
1972 (Public Law 92-313).
Sec. 514. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 515. In any case in which the House Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works adopt a resolution granting
lease authority pursuant to a prospectus transmitted to
Congress by the Administrator of GSA under 40 U.S.C. 3307,
the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in
the prospectus for all lease agreements, except that, if the
Administrator determines that the delineated area of the
procurement should not be identical to the delineated area
included in the prospectus, the Administrator shall provide
an explanatory statement to each of such committees and the
Committees on Appropriations prior to exercising any lease
authority provided in the resolution.
Sec. 516. In furtherance of the emergency management
policy set forth in the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, the Administrator of GSA may
provide for the use of the GSA Federal supply schedules by
relief and disaster assistance organizations as described in
section 309 of that Act. Purchases under this authority shall
be limited to use in preparation for, response to, and
recovery from hazards as defined in section 602 of that Act.
Sec. 517. Section 37 of the Office of Federal Procurement
Policy Act (41 U.S.C. 433), as amended, is further amended in
paragraph (h)(3)(E) by: (a) deleting ``for training''; and
(b) deleting ``subparagraph (A)'' and inserting in lieu
thereof ``subparagraphs (A) and (C) to (J) of section 405
(d)(5) of this title.''
Sec. 518. (a) The Administrator of General Services
(Administrator), through a deed of release or other
appropriate instrument, may release to the city of Tracy,
California (the City) the reversionary interests retained by
the United States, and all other terms, conditions,
reservations, and restrictions imposed, in connection with
the conveyance of the 200 acres conveyed pursuant to Public
Law 105-277 section 140, as amended by Public Law 106-31
section 3034 and Public Law 108-199 section 411. The exact
acreage and legal description of the parcel to be released
under subsection (a) shall be determined by a survey that is
satisfactory to the Administrator.
(b) As consideration for such release authorized under
subsection (a), the City shall pay to the Administrator an
amount not less than the property's appraised Fair Market
Value as determined by the Administrator. The determination
of the Administrator is final. The Administrator shall
determine the property's Fair Market Value through an
appraisal conducted by a licensed, independent appraiser. The
appraisal shall be based on the property's highest and best
use.
(c) As soon as practicable, but not more than 180 days
after enactment of this Act, the City shall enter into a
binding agreement with the Administrator for the conveyance
described in subsection (a) of this section. The net proceeds
from sale shall be deposited into the Federal Buildings Fund
established under section 592 of title 40, U.S.C.
(d) The City shall be responsible for reimbursing the
Administrator for the costs associated with implementing this
section, including the costs of appraisal and survey. The
Administrator may require such additional terms and
conditions in connection with the release under subsection
(a) as the Administrator considers appropriate to protect the
interests of the United States.
Sec. 519. Funds made available to GSA in the Federal
Buildings Fund shall remain available to fund authorized
increases or costs arising from any projects identified in
the detailed plan submitted by GSA pursuant to Public Law
111-5: Provided, That the Administrator of General Services
shall obtain the advance approval of the Committees on
Appropriations for any project cost increase in an amount
greater than 10 percent.
Sec. 520. Of the amounts made available under the heading
``Policy and Operations'' for the maintenance, protection,
and disposal of the U.S. Coast Guard Service Center at
Governor's Island, NY, and the Lorton Correctional Facility
in Lorton, VA in prior years, whether appropriated directly
to GSA or to any other agency of the Government and received
by GSA for such purpose, $1,400,000 in unobligated balances
are rescinded.
Sec. 521. (a) The Administrator of General Services, not
later than 120 days after the date of enactment of this Act,
shall prepare and submit to Congress a building project
survey report related to a consolidated headquarters for the
Federal Bureau of Investigation (FBI) in the Washington
metropolitan region (as defined in 40 U.S.C. 8301).
(b) The building project survey report shall be prepared by
the Administrator of General Services in consultation with
the Director of the FBI, and each strategy described in the
report shall contain, at a minimum, an estimated cost, a
financing and development plan, a budgetary and financial
impact analysis, a procurement and implementation plan, an
analysis of security and information technology issues
specific to the FBI, and a schedule.
(c) The building project survey report shall identify a
preferred strategy.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,000,000 to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $41,621,000
together with not to exceed $2,579,000 for administrative
expenses to adjudicate retirement appeals to be transferred
from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
[[Page S9092]]
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,500,000, to
remain available until expended, of which up to $50,000 shall
be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-
289) notwithstanding sections 8 and 9 of Public Law 102-259:
Provided, That up to 60 percent of such funds may be
transferred by the Morris K. Udall and Stewart L. Udall
Foundation for the necessary expenses of the Native Nations
Institute.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,800,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration (NARA) (including the Information Security
Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents and the
activities of the Public Interest Declassification Board, and
for the hire of passenger motor vehicles, and for uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 et
seq.), including maintenance, repairs, and cleaning,
$348,689,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,250,000.
electronic records archives
For necessary expenses in connection with the development
of the electronic records archives, to include all direct
project costs associated with research, analysis, design,
development, and program management, $72,000,000, of which
$52,500,000 shall remain available until September 30, 2013:
Provided, That none of the multi-year funds may be obligated
until the NARA submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by OMB, including Circular A-11; (2)
complies with NARA's enterprise architecture; (3) conforms
with NARA's enterprise life cycle methodology; (4) is
approved by NARA and OMB; (5) has been reviewed by the
Government Accountability Office; and (6) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$11,848,000, to remain available until expended: Provided,
That language under the heading ``Repairs and Restoration''
in Public Law 109-115 shall be amended by striking ``of which
$1,500,000 is to construct a new regional archives and
records facility in Anchorage, Alaska,'': Provided further,
That language under the heading ``Repairs and Restoration''
in Public Law 108-447 shall be amended by striking ``of which
$3,000,000 is for site preparation and construction
management to construct a new regional archives and records
facility in Anchorage, Alaska, and''.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $10,000,000, to remain available until expended.
National Credit Union Administration
central liquidity facility
During fiscal year 2011, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions, as authorized by 12 U.S.C.
1795 et seq., shall be the amount authorized by section
307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C.
1795f(a)(4)(A)): Provided, That administrative expenses of
the Central Liquidity Facility in fiscal year 2011 shall not
exceed $1,250,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2012 for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, and the Ethics Reform Act of 1989, including
services as authorized by 5 U.S.C. 3109, rental of conference
rooms in the District of Columbia and elsewhere, hire of
passenger motor vehicles, and not to exceed $1,500 for
official reception and representation expenses, $14,227,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $96,439,000, of which $670,210 shall be available to
increase the agency's acquisition workforce capacity and
capabilities; of which $6,004,000 shall remain available
until September 30, 2012 for the Enterprise Human Resources
Integration project; $1,416,000 shall remain available until
September 30, 2012 for the Human Resources Line of Business
project; and in addition $121,738,000 for administrative
expenses, to be transferred from the appropriate trust funds
of OPM without regard to other statutes, including direct
procurement of printed materials, for the retirement and
insurance programs, of which not more than $9,495,000 shall
remain available until September 30, 2012 for the cost of
implementing the new integrated financial system: Provided,
That the provisions of this appropriation shall not affect
the authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, U.S.C.:
Provided further, That no part of this appropriation shall be
available for salaries and expenses of the OPM Legal
Examining Unit established pursuant to Executive Order No.
9358 of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President's Commission on White
House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2011, accept
donations of money, property, and personal services: Provided
further, That such donations, including those from prior
years, may be used for the development of publicity materials
to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission: Provided further, That funds to
increase the agency's acquisition workforce capacity and
capabilities shall be available only to supplement and not to
supplant existing acquisition workforce activities, and shall
be available for training, recruitment, retention, and hiring
additional members of the acquisition workforce as defined by
the Office of Federal Procurement Policy Act, as amended (41
U.S.C. 401 et seq.): Provided further, That such acquisition
workforce funds shall be available for information technology
in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management:
Provided further, That such acquisition workforce improvement
funds may be transferred by the Director of OPM to any other
account in the agency to carry out the purposes provided
herein: Provided further, That such transfer authority is in
addition to any other transfer authority provided in this
Act.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $3,997,000, and in
addition, not to exceed $21,888,000 for administrative
expenses to audit, investigate, and provide other oversight
of OPM's retirement and insurance programs, to be transferred
from the appropriate trust funds of OPM, as determined by the
Inspector General: Provided, That the Inspector General is
authorized to rent conference rooms in the District of
Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
U.S.C., and the Retired Federal Employees Health Benefits Act
(74 Stat. 849), such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, U.S.C., such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
[[Page S9093]]
special Acts to be credited to the Civil Service Retirement
and Disability Fund, such sums as may be necessary: Provided,
That annuities authorized by the Act of May 29, 1944, and the
Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter be
paid out of the Civil Service Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12), Public Law 107-304, and the Uniformed Services
Employment and Reemployment Rights Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of
conference rooms in the District of Columbia and elsewhere,
and hire of passenger motor vehicles; $19,486,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $14,450,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5
U.S.C. 601 note), $1,500,000, to remain available until
September 30, 2012.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,300,000,000, to remain available until expended; of which
not less than $6,250,000 shall be for the Office of Inspector
General; of which not to exceed $30,000 may be used toward
funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to
securities matters, development and implementation of
cooperation agreements concerning securities matters and
provision of technical assistance for the development of
foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence;
and of which not to exceed $483,130 shall be available to
increase the Commission's acquisition workforce capacity and
capabilities: Provided, That such acquisition workforce funds
may be transferred by the Chairman to any other account in
the Commission to carry out the purposes provided herein:
Provided further, That such transfer authority is in addition
to any other transfer authority provided in this Act:
Provided further, That such acquisition workforce funds shall
be available only to supplement and not to supplant existing
acquisition workforce activities: Provided further, That such
funds shall be available for training, recruitment,
retention, and hiring additional members of the acquisition
workforce as defined by the Office of Federal Procurement
Policy Act, as amended (41 U.S.C. 401 et seq.): Provided
further, That such funds shall be available for information
technology in support of acquisition workforce effectiveness
and management: Provided further, That fees and assessments
authorized by sections 6(b) of the Securities Exchange Act of
1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g),
and 78ee), as in effect on the day before the date of
enactment of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203, 124 Stat. 1376) shall be
credited to this account as offsetting collections: Provided
further, That not to exceed $1,300,000,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund
for fiscal year 2011 shall be reduced as such offsetting
collections are received so as to result in a final total
fiscal year 2011 appropriation from the general fund
estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation
expenses; $24,275,000: Provided, That during the current
fiscal year, the President may exempt this appropriation from
the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the
United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
108-447, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$459,125,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan program
activities, including fees authorized by section 5(b) of the
Small Business Act: Provided further, That, notwithstanding
31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That $115,250,000 shall be
available to fund grants for performance in fiscal year 2011
or fiscal year 2012 as authorized by section 21 of the Small
Business Act, of which $1,000,000 shall be for the Veterans
Assistance and Services Program authorized by section 21(n)
of the Small Business Act, and of which $1,000,000 shall be
for the Small Business Energy Efficiency Program authorized
by section 1203(c) of Public Law 110-140: Provided further,
That $22,000,000 shall remain available until September 30,
2012 for marketing, management, and technical assistance
under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the
microloan program: Provided further, That during fiscal year
2011, the applicable percentage under section 7(m)(4)(A) of
the Small Business Act shall be 50 percent: Provided further,
That $15,347,700 shall be available for the Loan
Modernization and Accounting System, to be available until
September 30, 2012: Provided further, That $2,000,000 shall
be for the Federal and State Technology Partnership Program
under section 34 of the Small Business Act (15 U.S.C. 657d):
Provided further, That $1,000,000, to remain available until
September 30, 2012, shall be for a pilot program to provide
financial assistance in the form of grants or cooperative
agreements to educational institutions, nonprofit
organizations, or State and local departments and agencies
for the purposes of providing management or technical
assistance to Hispanic small businesses: Provided further,
That $1,767,090 shall be to supplement and not supplant
training, recruitment, retention, and hiring additional
members of the acquisition workforce as defined by the Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) and
for information technology in support of acquisition
workforce effectiveness and management.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $18,000,000.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,000,000, to remain
available until expended, and for the cost of guaranteed
loans as authorized by section 7(a) of the Small Business
Act, $79,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2011 commitments to guarantee loans
under section 503 of the Small Business Investment Act of
1958 shall not exceed $7,500,000,000: Provided further, That
during fiscal year 2011 commitments for general business
loans authorized under section 7(a) of the Small Business Act
shall not exceed $17,500,000,000 for a combination of
amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That
during fiscal year 2011 commitments to guarantee loans for
debentures under section 303(b) of the Small Business
Investment Act of 1958, shall not exceed $3,000,000,000:
Provided further, That during fiscal year 2011, guarantees of
trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$157,000,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$193,000,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans
[[Page S9094]]
and the disaster loan programs and shall be transferred to
and merged with the appropriations for the Office of
Inspector General; of which $183,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses; of
which $9,000,000 is for indirect administrative expenses for
the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 531. All disaster loans issued in Alaska or North
Dakota shall be administered by the Small Business
Administration and shall not be sold during fiscal year 2010.
Sec. 532. Funds made available under Public Law 111-8 and
Public Law 111-117 for Community Links Hawaii shall be made
available to the Pacific International Center for High
Technology Research.
Sec. 533. Public Law 111-240 is amended in section 1114
and section 1704 by striking ``December 31, 2010'' and
inserting ``September 30, 2011'' each time it appears and in
section 1704 by adding at the end the following: ``(c) For
purposes of the loans made under this section, the maximum
guaranteed amount outstanding to the borrower may not exceed
$4,500,000.''
Sec. 534. For an additional amount under the heading
``Small Business Administration--Salaries and Expenses,''
$47,575,000 to remain available until September 30, 2012,
which shall be for initiatives related to small business
development and entrepreneurship, including programmatic and
construction activities, in the amounts and for the projects
specified in the table that appears under the heading
``Administrative Provisions--Small Business Administration''
in the explanatory statement to accompany this Act.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of 39 U.S.C. 2401, $103,905,000, of which $74,905,000
shall not be available for obligation until October 1, 2011:
Provided, That mail for overseas voting and mail for the
blind shall continue to be free: Provided further, That 6-day
delivery and rural delivery of mail shall continue at not
less than the 1983 level: Provided further, That none of the
funds made available to the Postal Service by this Act shall
be used to implement any rule, regulation, or policy of
charging any officer or employee of any State or local child
support enforcement agency, or any individual participating
in a State or local program of child support enforcement, a
fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate
or close small rural and other small post offices in fiscal
year 2011.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $244,397,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $55,053,000,
of which $2,852,000 shall remain available until September
30, 2012: Provided, That travel expenses of the judges shall
be paid upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2011, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations: Provided, That prior
to any significant reorganization or restructuring of
offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on
Appropriations: Provided further, That not later than 60 days
after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on
Appropriations to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2011 from
appropriations made available for salaries and expenses for
fiscal year 2011 in this Act, shall remain available through
September 30, 2012, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
U.S.C.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management (OPM) may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to OPM
pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection
[[Page S9095]]
with any health plan under the Federal employees health
benefits program which provides any benefits or coverage for
abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in the Buy American Act (41 U.S.C. 10a et seq.), shall
not apply to the acquisition by the Federal Government of
information technology (as defined in 40 U.S.C. 11101), that
is a commercial item (as defined in section 4(12) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
Sec. 616. Notwithstanding 31 U.S.C. 1353, no officer or
employee of any regulatory agency or commission funded by
this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a
non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee
to attend and participate in any meeting or similar function
relating to the official duties of the officer or employee
when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission,
or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
Sec. 617. The Public Company Accounting Oversight Board
shall have authority to obligate funds for the scholarship
program established by section 109(c)(2) of the Sarbanes-
Oxley Act of 2002 (Public Law 107-204) in an aggregate amount
not exceeding the amount of funds collected by the Board as
of December 31, 2010, including accrued interest, as a result
of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2011 shall remain available until
expended.
Sec. 618. From the unobligated balances of prior year
appropriations made available for the Privacy and Civil
Liberties Oversight Board, $1,500,000 are rescinded.
Sec. 619. During fiscal year 2011, for purposes of section
908(b)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), the term
``payment of cash in advance'' shall be interpreted as
payment before the transfer of title to, and control of, the
exported items to the Cuban purchaser.
Sec. 620. (a) Section 1403(8) of the Virginia Graeme Baker
Pool and Spa Safety Act (15 U.S.C. 8002(8)) is amended by
adding at the end the following: ``For purposes of
eligibility for the grants authorized under section 1405,
such term shall also include any political subdivision of a
State.''.
(b) Extension of Grant Program.--Section 1405(e) of the
Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004
(e)) is amended by striking ``2010'' and inserting ``2011''.
Sec. 621. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 622. Any expenses incurred by the Election Assistance
Commission using amounts appropriated under the heading
``Election Assistance Commission, Election Reform Programs''
in the Transportation, Treasury, and Independent Agencies
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 327)
for any program or activity which the Commission is
authorized to carry out under the Help America Vote Act of
2002 shall be considered to have been incurred for the
programs and activities described under such heading.
Sec. 623. Section 1107 of 31 U.S.C. 1107 is amended by
adding to the end thereof the following: ``The President
shall transmit promptly to Congress without change, proposed
deficiency and supplemental appropriations submitted to the
President by the legislative branch and the judicial
branch.''.
Sec. 624. Section 7 of the Abraham Lincoln Commemorative
Coin Act (31 U.S.C. Sec. 5112 note) is amended in subsection
(b) by striking ``Abraham Lincoln Bicentennial Commission to
further the work of the Commission'' and inserting ``Abraham
Lincoln Bicentennial Foundation for the purposes of
commemorating the bicentennial of the birth of Abraham
Lincoln, and fostering and promoting the awareness and study
of the life of Abraham Lincoln'' and in subsection (c) by
striking ``Abraham Lincoln Bicentennial Commission'' and
inserting ``Abraham Lincoln Bicentennial Foundation''.
Sec. 625. Of the unobligated balances available to the
Federal Communications Commission from prior appropriations
under the heading ``Salaries and Expenses'', $2,800,000 are
hereby rescinded.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2011 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with 31 U.S.C. 1343(c), for the purchase of any
passenger motor vehicle (exclusive of buses, ambulances, law
enforcement, and undercover surveillance vehicles), is hereby
fixed at $13,197 except station wagons for which the maximum
shall be $13,631: Provided, That these limits may be exceeded
by not to exceed $3,700 for police-type vehicles, and by not
to exceed $4,000 for special heavy-duty vehicles: Provided
further, That the limits set forth in this section may not be
exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of
the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits
set forth in this section may be exceeded by the incremental
cost of clean alternative fuels vehicles acquired pursuant to
Public Law 101-549 over the cost of comparable conventionally
fueled vehicles: Provided further, That the limits set forth
in this section shall not apply to any vehicle that is a
commercial item and which operates on emerging motor vehicle
technology, including but not limited to electric, plug-in
hybrid electric, and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a
person who is admitted as a refugee under 8 U.S.C. 1157 or is
granted asylum under 8 U.S.C. 1158 and has filed a
declaration of intention to become a lawful permanent
resident and then a citizen when eligible; or (4) is a person
who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such
person shall be considered prima facie evidence that the
requirements of this section with respect to his or her
status are being complied with: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who
is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to
international broadcasters employed by the Broadcasting Board
of Governors, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed
60 days) as a result of emergencies: Provided further, That
this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens
employed by the Department of the Interior or the USDA Forest
Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
[[Page S9096]]
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
U.S.C., shall be available, in addition to objects for which
such funds are otherwise available, for rent in the District
of Columbia; services in accordance with 5 U.S.C. 3109; and
the objects specified under this head, all the provisions of
which shall be applicable to the expenditure of such funds
unless otherwise specified in the Act by which they are made
available: Provided, That in the event any functions budgeted
as administrative expenses are subsequently transferred to or
paid from other funds, the limitations on administrative
expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
Sec. 710. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2011, by this
or any other Act, may be used to pay any prevailing rate
employee described in 5 U.S.C. 5342(a)(2)(A)--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2011, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(2) during the period consisting of the remainder of fiscal
year 2011, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2011 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2011 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, U.S.C., and no employee
covered by section 5348 of such title, may be paid during the
periods for which subsection (a) is in effect at a rate that
exceeds the rates that would be payable under subsection (a)
were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 2010, shall
be determined under regulations prescribed by the Office of
Personnel Management (OPM).
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2010,
except to the extent determined by OPM to be consistent with
the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2010.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
(h) OPM may provide for exceptions to the limitations
imposed by this section if OPM determines that such
exceptions are necessary to ensure the recruitment or
retention of qualified employees.
Sec. 711. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned
to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled
by the individual.
Sec. 712. Notwithstanding section 31 U.S.C. 1346, or
section 708 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for
the interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 12472 (April 3, 1984).
Sec. 713. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service pursuant to 5 U.S.C. 3302, without a
certification to OPM from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(6) the Bureau of Intelligence and Research of the
Department of State;
(7) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department
of Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(8) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 714. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 715. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants--
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 716. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; 5 U.S.C. 7211 (governing disclosures to
Congress); 10 U.S.C. 1034, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); 5 U.S.C. 2302(b)(8), as
amended
[[Page S9097]]
by the Whistleblower Protection Act of 1989 (governing
disclosures of illegality, waste, fraud, abuse or public
health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure
that may compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, U.S.C., and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C.
783(b)). The definitions, requirements, obligations, rights,
sanctions, and liabilities created by said Executive order
and listed statutes are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement
that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other
than an employee or officer of the United States Government,
may contain provisions appropriate to the particular activity
for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
Sec. 717. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 718. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 719. None of the funds made available in this Act or
any other Act may be used to provide any non-public
information such as mailing or telephone lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations.
Sec. 720. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by the Congress.
Sec. 721. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105;
(2) includes a military department, as defined under
section 102 of such title, the Postal Service, and the Postal
Regulatory Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 722. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 723. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 724. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget (OMB) shall provide a report describing
the budget of and resources connected with the National
Science and Technology Council to the Committees on
Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science,
and Transportation 90 days after enactment of this Act.
Sec. 725. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall indicate the agency providing the funds, the Catalog of
Federal Domestic Assistance Number, as applicable, and the
amount provided: Provided, That this provision shall apply to
direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 726. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 727. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 728. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official
anti-doping agency for Olympic, Pan American, and Paralympic
sport in the United States.
Sec. 729. Notwithstanding any other provision of law,
funds appropriated for official travel by Federal departments
and agencies may be used by such departments and agencies, if
consistent with OMB Circular A-126 regarding official travel
for Government personnel, to participate in the fractional
aircraft ownership pilot program.
Sec. 730. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or
enforce restrictions or limitations on the Coast Guard
Congressional Fellowship Program, or to implement the
proposed regulations of OPM to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 731. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 732. (a) For fiscal year 2011, no funds shall be
available for transfers or reimbursements to the E-Government
initiatives sponsored by OMB prior to 15 days following
submission of a report to the Committees on Appropriations by
the Director of OMB and receipt of approval to transfer funds
by the Committees on Appropriations.
(b) The report in subsection (a) and other required
justification materials shall include at a minimum--
(1) a description of each initiative including but not
limited to its objectives, benefits, development status,
risks, cost effectiveness (including estimated net costs or
savings to the government), and the estimated date of full
operational capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for
[[Page S9098]]
each initiative including agency contributions to date and
estimated future contributions by agency.
(c) No funds shall be available for obligation or
expenditure for new E-Government initiatives without the
explicit approval of the Committees on Appropriations.
Sec. 733. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act and any other provision of law, the head of each
appropriate executive department and agency shall transfer to
or reimburse the United States Fish and Wildlife Service,
upon the direction of the Director of OMB, funds made
available by this or any other Act for the purposes described
below, and shall submit budget requests for such purposes.
These funds shall be administered by the U.S. Fish and
Wildlife Service, in consultation with the appropriate
interagency groups designated by the Director and shall be
used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the U.S. Fish and Wildlife Service
pursuant to an operational agreement with the Federal
Aviation Administration for the entirety of fiscal year 2011
and any period thereafter that precedes the enactment of the
Financial Services and General Government Appropriations Act,
2012. The Director of OMB shall mandate the necessary
transfers after determining an equitable allocation between
the appropriate executive departments and agencies of the
responsibility for funding the continuous operation of the
Midway Atoll Airfield based on, but not limited to, potential
use, interest in maintaining aviation safety, and
applicability to governmental operations and agency mission.
The total funds transferred or reimbursed shall not exceed
$6,000,000 for any 12-month period. Such sums shall be
sufficient to ensure continued operation of the airfield
throughout the period cited above. Funds shall be available
for operation of the airfield or airfield-related capital
upgrades. The Director of OMB shall notify the Committees on
Appropriations of such transfers or reimbursements within 15
days of this Act. Such transfers or reimbursements shall
begin within 30 days of enactment of this Act.
Sec. 734. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to OMB Circular A-76
or any other administrative regulation, directive, or policy.
Sec. 735. Unless otherwise authorized by existing law,
none of the funds provided in this Act or any other Act may
be used by an executive branch agency to produce any
prepackaged news story intended for broadcast or distribution
in the United States, unless the story includes a clear
notification within the text or audio of the prepackaged news
story that the prepackaged news story was prepared or funded
by that executive branch agency.
Sec. 736. None of the funds made available in this Act may
be used in contravention of 5 U.S.C. 552a (popularly known as
the Privacy Act) and regulations implementing that section.
Sec. 737. Each executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government travel charge card. Such
evaluations for individually billed travel charge cards shall
include an assessment of the individual's consumer report
from a consumer reporting agency as those terms are defined
in section 603 of the Fair Credit Reporting Act (Public Law
91-508): Provided, That the department or agency may not
issue a government travel charge card to an individual that
either lacks a credit history or is found to have an
unsatisfactory credit history as a result of this evaluation:
Provided further, That this restriction shall not preclude
issuance of a restricted-use charge, debit, or stored value
card made in accordance with agency procedures to: (1) an
individual with an unsatisfactory credit history where such
card is used to pay travel expenses and the agency determines
there is no suitable alternative payment mechanism available
before issuing the card; or (2) an individual who lacks a
credit history. Each executive department and agency shall
establish guidelines and procedures for disciplinary actions
to be taken against agency personnel for improper,
fraudulent, or abusive use of government charge cards, which
shall include appropriate disciplinary actions for use of
charge cards for purposes, and at establishments, that are
inconsistent with the official business of the Department or
agency or with applicable standards of conduct.
Sec. 738. (a) Definitions.--For purposes of this section
the following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000
(42 U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity primarily or entirely within the Great Lakes
watershed that seeks to improve the overall health of the
Great Lakes ecosystem.
(b) Report.--Not later than 45 days after submission of the
budget of the President to Congress, the Director of OMB, in
coordination with the Governor of each Great Lakes State and
the Great Lakes Interagency Task Force, shall submit to the
appropriate authorizing and appropriating committees of the
Senate and the House of Representatives a financial report,
certified by the Secretary of each agency that has budget
authority for Great Lakes restoration activities,
containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any planned
interagency or intra-agency transfer, for each of the Federal
agencies that carries out Great Lakes restoration activities
in the upcoming fiscal year, separately reporting the amount
of funding to be provided under existing laws pertaining to
the Great Lakes ecosystem; and
(B) identifies all expenditures since fiscal year 2004 by
the Federal Government and State governments for Great Lakes
restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent
available, State agencies using Federal funds, for Great
Lakes restoration activities during the current and previous
fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with
the Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 739. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by OPM
in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 741. Section 743 of the Consolidated Appropriations
Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is
amended--
(1) in subsection (a)(3), by inserting after ``exercise of
an option'' the following: ``, and task orders issued under
any such contract,'';
(2) in subsection (a)(3)(G), by inserting before the period
at the end the following: ``, using direct labor hours and
associated cost data collected from contractors'';
(3) in subsection (e)(2)(B), by striking the text and
inserting the following: ``the contracts exclude to the
maximum extent practicable functions that are closely
associated with inherently governmental functions;''; and
(4) by redesignating subsections (h) and (i) as subsections
(i) and (j) and by inserting after subsection (g) the
following new subsection:
``(h) Submission of Report on Actions Taken Before Public-
private Competition May Occur.--An executive agency may not
begin, plan for, or announce a study or public-private
competition regarding the conversion to contractor
performance of any function performed by Federal employees
pursuant to OMB Circular A-76 or any other administrative
regulation or directive until after that agency has submitted
to OMB a report, pursuant to subsection (f), that includes
actions taken to convert from contractor to Federal employee
performance functions that are not inherently governmental,
closely associated with governmental functions, critical, or
should not otherwise be reserved for performance by Federal
employees. This subsection shall take effect beginning with
the report required under subsection (f) that is included as
an attachment to the annual inventory due by December 31,
2011.''.
Sec. 742. (a) The Vice President may not receive a pay rate
increase in calendar year 2011, notwithstanding 3 U.S.C. 104
or any other provision of law.
(b) An individual serving in an Executive Schedule
position, or in a position for which the rate of pay is fixed
by statute at an Executive Schedule rate, may not receive a
pay rate increase in calendar year 2011, notwithstanding
schedule adjustments made under 5 U.S.C. 5318, or any other
provision of law, except as provided in subsection (g) or
(h). The preceding sentence applies only to individuals who
are holding a position in which they serve at the pleasure of
the President or other appointing official.
(c) A chief of mission or ambassador at large may not
receive a pay rate increase in calendar year 2011,
notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law,
except as provided in subsection (g) or (h).
(d) A noncareer appointee in the Senior Executive Service
may not receive a pay rate increase in calendar year 2011,
notwithstanding sections 5382 and 5383 of title 5, U.S.C.
[[Page S9099]]
(e) Any employee paid a rate of basic pay (including
locality-based payments under 5 U.S.C. 5304 or similar
authority) at or above level IV of the Executive Schedule who
serves at the pleasure of the appointing official may not
receive a pay rate increase in calendar year 2011,
notwithstanding any other provision of law, except as
provided in subsection (g) or (h). This subsection does not
apply to employees in the General Schedule pay system or the
Foreign Service pay system, or to employees appointed under 5
U.S.C. 3161, or to employees in another pay system whose
position would be classified at GS-15 or below if chapter 51
of title 5, U.S.C., applied to them.
(f) Nothing in this section shall prevent employees who do
not serve at the pleasure of the appointing official from
receiving pay increases as otherwise provided under
applicable law.
(g) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements
under 5 U.S.C. 3392, is not subject to this section.
(h) A member of Senior Foreign Service who receives a
Presidential appointment to any position in the executive
branch and who makes an election to retain Senior Foreign
Service pay entitlements under section 302(b)of the Foreign
Service Act of 1980 (Public Law 96-465) is not subject to
this section.
Sec. 743. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
Sec. 744. (a) Study.--The Comptroller General of the United
States shall conduct a study of the feasibility of allowing
agencies of the Federal Government to impose convenience fees
for the use of credit cards for the purchase of goods or
services by individuals or businesses from Federal agencies,
where such convenience fees would be designed to recover the
cost to the Federal agency of accepting credit card payments.
(b) Considerations.--In conducting the study required by
subsection (a), the Comptroller General shall take into
consideration--
(1) the impact of convenience fees on consumers;
(2) the extent to which convenience fees would affect the
ability of smaller financial institutions and credit unions
to offer basic banking and other services, as well as compete
against larger financial institutions; and
(3) the impact of convenience fees on Federal agencies and
departments.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a
report to Congress on the results of the study required by
this section.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfer of funds)
Sec. 801. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 802. Appropriations in this Act shall be available
for expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor, or, in the
case of the Council of the District of Columbia, funds may be
expended with the authorization of the Chairman of the
Council.
Sec. 803. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 804. (a) None of the Federal funds provided in this
Act shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
(b) The District of Columbia may use local funds provided
in this title to carry out lobbying activities on any matter.
Sec. 805. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2011, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless the Committees on Appropriations are notified in
writing 15 days in advance of the reprogramming.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 1, 2011.
Sec. 806. Consistent with the provisions of 31 U.S.C.
1301(a), appropriations under this Act shall be applied only
to the objects for which the appropriations were made except
as otherwise provided by law.
Sec. 807. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 808. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or a
District of Columbia government employee as may otherwise be
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Fire Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day or is
otherwise designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of
Columbia.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 810. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 811. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 812. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations, the House
Committee on Oversight and Government Reform, and the Senate
Committee on Homeland Security and Governmental Affairs
annual reports addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs, the retention rates in
treatment programs, and the recidivism/re-arrest rates for
treatment participants;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps
taken to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in
consultation with the District of Columbia Public Schools and
the District of Columbia public charter schools, repeated
grade rates, high school graduation rates, post-secondary
education attendance rates, and teen pregnancy rates;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the
District was eligible but failed to apply and the number and
type
[[Page S9100]]
of grants awarded to the District but for which the District
failed to spend the amounts received;
(7) indicators of child and family well-being including
child living arrangements by family structure, number of
children aging out of foster care, poverty rates by family
structure, crime by family structure, marriage rates by
income quintile, and out-of-wedlock births; and
(8) employment, including job status and participation in
assistance programs by income, education and family
structure.
Sec. 813. None of the Federal funds contained in this Act
may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
Sec. 814. None of the Federal funds appropriated under
this Act shall be expended for any abortion except where the
life of the mother would be endangered if the fetus were
carried to term or where the pregnancy is the result of an
act of rape or incest.
Sec. 815. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2011 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 816. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, Sec. 1-204.42).
Sec. 817. Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
Sec. 818. Notwithstanding any other laws, for this and
succeeding fiscal years, the Director of the District of
Columbia Public Defender Service shall, to the extent the
Director considers appropriate, provide representation for
and hold harmless, or provide liability insurance for, any
person who is an employee, member of the Board of Trustees,
or officer of the District of Columbia Public Defender
Service for money damages arising out of any claim,
proceeding, or case at law relating to the furnishing of
representational services or management services or related
services while acting within the scope of that person's
office or employment, including, but not limited to such
claims, proceedings, or cases at law involving employment
actions, injury, loss of liberty, property damage, loss of
property, or personal injury, or death arising from
malpractice or negligence of any such officer or employee.
Sec. 819. Section 346 of the District of Columbia
Appropriations Act, 2005 (Public Law 108-335) is amended--
(1) in the title, by striking ``Biennial'';
(2) in subsection (a), by striking ``Biennial management''
and inserting ``Management'';
(3) in subsection (a), by striking ``States.'' and
inserting ``States every five years.''; and
(4) in subsection (b)(6), by striking ``2'' and inserting
``5''.
Sec. 820. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2011''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2011
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $150,126,000: Provided, That not to exceed
$55,000 shall be for official reception and representation
expenses, of which $15,000 shall be made available to the
Office of Policy for Visa Waiver Program negotiations in
Washington, DC, and for other international activities:
Provided further, That all official costs associated with the
use of Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available
for the Immediate Office of the Secretary and the Immediate
Office of the Deputy Secretary: Provided further, That
$25,000,000 shall not be available for obligation until the
Secretary submits to the Committees on Appropriations of the
Senate and the House of Representatives: (1) an expenditure
plan for the Office of Policy for fiscal year 2011; and (2) a
comprehensive plan to initiate implementation of a biometric
air exit capability in fiscal year 2011, or a written
certification to the Congress that it is the position of the
Administration that the statutory requirements for biometric
air exit be repealed.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$242,233,000, of which not less than $500,000 shall be for
logistics training; and of which not to exceed $3,000 shall
be for official reception and representation expenses:
Provided, That of the total amount made available under this
heading, $5,000,000 shall remain available until expended
solely for the alteration and improvement of facilities,
tenant improvements, and relocation costs to consolidate
Department headquarters operations at the Nebraska Avenue
Complex; and $14,641,000 shall remain available until
expended for the Human Resources Information Technology
program.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $64,480,000, of which
$11,000,000 shall remain available until expended for
financial systems consolidation efforts.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $375,359,000; of which
$82,727,000 shall be available for salaries and expenses; and
of which $292,632,000, to remain available until expended,
shall be available for development and acquisition of
information technology equipment, software, services, and
related activities for the Department of Homeland Security:
Provided, That of the total amount appropriated, not less
than $83,948,000 shall be available for data center
development, of which not less than $27,730,000 shall be
available for power capabilities upgrades and facility
construction projects at Data Center One (National Center for
Critical Information Processing and Storage): Provided
further, That the Chief Information Officer shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives, not more than 60 days after the date of
enactment of this Act, an expenditure plan for all
information technology acquisition projects that: (1) are
funded under this heading; or (2) are funded by multiple
components of the Department of Homeland Security through
reimbursable agreements: Provided further, That such
expenditure plan shall include each specific project funded,
key milestones, all funding sources for each project, details
of annual and lifecycle costs, and projected cost savings or
cost avoidance to be achieved by the project: Provided
further, That $75,000,000 shall not be available for
obligation until the submission of the expenditure plan to
the Committees on Appropriations of the Senate and the House
of Representatives.
Analysis and Operations
For necessary expenses for intelligence analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$340,000,000, of which not to exceed $5,000 shall be for
official reception and representation expenses; and of which
$53,975,000 shall remain available until September 30, 2012:
Provided, That $20,000,000 shall be withheld from obligation
until an expenditure plan for the Office of Intelligence and
Analysis is received by the Committees on Appropriations of
the Senate and House of Representatives: Provided further,
That none of the funds provided in this or any other Act
shall be available to commence operations of the National
Immigration Information Sharing Operation or any follow-on
entity until the Secretary certifies that such program
complies with all existing laws, including all applicable
privacy and civil liberties standards; the Comptroller
General of the United States notifies the Committees on
Appropriations of the Senate and the House of Representatives
and the Secretary that the Comptroller has reviewed such
certification; and the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives
of all funds to be expended on operations of the National
Immigration Information Sharing Operation or any follow-on
entity pursuant to section 503 of this Act: Provided further,
That none of the funds provided under this heading may be
obligated to create or operate a new program management
office or similar organization or entity to oversee the State
and Local Fusion Center program until the Committees on
Appropriations of the Senate and House of Representatives
receive a notification
[[Page S9101]]
pursuant to section 503 of this Act that describes the
purpose, management goals, implementation timeline, budget,
and funding sources for any proposed new office,
organization, or entity.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $115,806,000, of which not to exceed
$300,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and
animal imports, and transportation of unaccompanied minor
aliens; purchase and lease of up to 8,000 (7,000 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,239,377,000, of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $311,052,000
shall be for Air and Marine Operations; of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),
shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in
connection with preclearance operations; and of which not to
exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security: Provided, That for
fiscal year 2011, the overtime limitation prescribed in
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000, and notwithstanding any other
provision of law, none of the funds appropriated by this Act
may be available to compensate any employee of U.S. Customs
and Border Protection for overtime, from whatever source, in
an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of
immigration emergencies: Provided further, That of the total
amount provided, $1,700,000 shall remain available until
September 30, 2012, for the Global Advanced Passenger
Information/Passenger Name Record Program: Provided further,
That the Border Patrol shall maintain an active duty presence
of not less than 20,500 full-time equivalent agents
protecting the borders of the United States throughout the
fiscal year.
automation modernization
For expenses for U.S. Customs and Border Protection
automated systems, $347,575,000, to remain available until
expended, of which not less than $153,090,000 shall be for
the development of the Automated Commercial Environment:
Provided, That not later than 30 days after the date of
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a report on the results to date of, and plans for completing,
the Automated Commercial Environment program.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure,
and technology, $574,173,000, to remain available until
expended: Provided, That of the total amount made available
under this heading, $75,000,000 shall not be obligated until
the Committees on Appropriations of the Senate and the House
of Representatives receive and approve a plan for
expenditure, prepared by the Commissioner of U.S. Customs and
Border Protection, reviewed by the Government Accountability
Office, and submitted not later than 90 days after the date
of the enactment of this Act, for a program to establish and
maintain a security barrier along the borders of the United
States, of fencing and vehicle barriers where practicable,
and of other forms of tactical infrastructure and technology,
that meets the statutory conditions specified under this
heading in Public Law 111-83 and which may cite by reference
previous expenditure plans and supporting documentation
previously submitted to the Committees: Provided further,
That at least 15 days before the award of any task order
requiring an obligation of funds in an amount greater than
$25,000,000 and before the award of a task order that would
cause cumulative obligations of funds to exceed 50 percent of
the total amount appropriated under this heading, the
Commissioner of U.S. Customs and Border Protection shall
report to the Committees on Appropriations of the Senate and
the House of Representatives on the progress of the program,
and obligations and expenditures for all outstanding task
orders awarded under the program, and specific objectives to
be achieved through the award of current and remaining task
orders planned for the balance of available appropriations
for the program: Provided further, That none of the funds
made available under this heading may be obligated unless the
Department has complied with section 102(b)(1)(C)(i) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note), and the Secretary certifies
such to the Committees on Appropriations of the Senate and
the House of Representatives: Provided further, That none of
the funds made available under this heading may be obligated
for any project or activity for which the Secretary has
exercised waiver authority pursuant to section 102(c) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note) until 15 days have elapsed from
the date of the publication in the Federal Register of the
decision to exercise that authority.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel; the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in
the enforcement or administration of laws enforced by the
Department; and at the discretion of the Secretary of
Homeland Security, the provision of assistance to Federal,
State, and local agencies in other law enforcement and
emergency humanitarian efforts, $511,751,000, to remain
available until expended: Provided, That no aircraft or other
related equipment, with the exception of aircraft that are
one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the
Department in fiscal year 2011 without the prior approval of
the Committees on Appropriations of the Senate and the House
of Representatives.
construction and facilities management
For necessary expenses to plan, acquire, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to customs, immigration, and border security,
$282,740,000, to remain available until expended; of which
$4,000,000 shall be for constructing and equipping the
Advanced Training Center: Provided, That for fiscal year 2012
and hereafter, the annual budget submission of U.S. Customs
and Border Protection for ``Construction and Facilities
Management'' shall, in consultation with the General Services
Administration, include a detailed 5-year plan for all
Federal land border port of entry projects with a yearly
update of total projected future funding needs delineated by
land port of entry.
U.S. Immigration and Customs Enforcement
salaries and expenses
(including transfer of funds)
For the necessary expenses to conduct investigations of
criminal violations of Federal law relating to border
security, customs and trade, immigration and naturalization,
intellectual property rights, and travel and transportation;
for the civil enforcement of immigration and customs laws,
including the detention and removal of immigration status
violators; and for the purchase and lease of up to 3,790
(2,350 for replacement only) police-type vehicles,
$5,508,555,000, of which not less than $250,000,000 shall be
for activities to investigate violations of immigration and
customs laws along the Southwest border of the United States,
including Border Enforcement Security Task Force operations
and Law Enforcement Agency Response Teams; of which not less
than $120,000,000 shall be for activities to investigate
cyber crimes and child exploitation offenses, including sex
trafficking, child pornography, child sex tourism, and
promotion of public awareness of the child pornography
tipline; of which $15,770,000 shall be for activities in
fiscal year 2011 to enforce laws against forced child labor,
of which $6,000,000 shall be available until expended; of
which not to exceed $10,000,000 shall be available until
expended for conducting special operations under section 3131
of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of
which not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of
which not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States; of which not
to exceed $15,000 shall be for official reception and
representation expenses: Provided, That none of the funds
made available under this heading shall be available to
compensate any employee for overtime in an annual amount in
excess of $35,000, except that the Secretary, or the designee
of the Secretary, may waive that amount as necessary for
national security purposes and in cases of immigration
emergencies: Provided further, That of the total amount made
available under this heading, not less than $2,000,000,000
shall be available to identify aliens convicted of a
[[Page S9102]]
crime who may be deportable, and to remove them from the
United States once they are judged deportable: Provided
further, That the Secretary, or the designee of the
Secretary, shall report to the Committees on Appropriations
of the Senate and the House of Representatives, not later
than 45 days after the end of each quarter of the fiscal
year, on progress in implementing the preceding proviso and
the funds obligated during that quarter to make that
progress: Provided further, That the Secretary shall
prioritize the identification and removal of aliens convicted
of a crime by the severity of that crime: Provided further,
That not less than $5,400,000 shall be used to facilitate
agreements consistent with section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)): Provided further,
That none of the funds under this heading may be used to
continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)) if the Department of Homeland Security
Inspector General determines that the terms of the agreement
governing the delegation of authority have been violated:
Provided further, That of the total amount provided, not less
than $2,583,021,000 is for detention and removal operations,
including transportation of unaccompanied alien minors:
Provided further, That funding made available under this
heading shall maintain a level of not less than 33,400
detention beds through September 30, 2011: Provided further,
That none of the funds made available under this heading may
be used to continue any contract for the provision of
detention services if the two most recent overall performance
evaluations received by the contracted facility are less than
``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing
under this heading shall prevent U.S. Immigration and Customs
Enforcement from exercising those authorities provided under
immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))
during priority operations pertaining to aliens convicted of
a crime: Provided further, That none of the funds provided
under this heading may be obligated to collocate field
offices of U.S. Immigration and Customs Enforcement until the
Secretary submits to the Committees on Appropriations of the
Senate and the House of Representatives a plan for the
nationwide implementation of the Alternatives to Detention
program that identifies: (1) how funding made available by
this Act will be used to expand the Alternatives to Detention
program; (2) the date by which the Secretary will achieve
nationwide implementation of the Alternatives to Detention
program; and (3) the milestones the Secretary will establish
to measure progress toward achieving nationwide
implementation of the Alternatives to Detention program:
Provided further, That of the total amount provided for the
purposes of identifying aliens convicted of a crime who may
be deportable, and removing them from the United States once
they are judged deportable, $259,825,000 shall remain
available until September 30, 2012, of which up to
$30,625,000 may be available for transfer to U.S. Immigration
and Customs Enforcement ``Automation Modernization'' for
information technology investments associated with these
purposes: Provided further, That of the total amount
provided, $7,300,000 shall remain available until September
30, 2012, for the Visa Security Program.
automation modernization
For expenses of immigration and customs enforcement
automated systems, $84,700,000, to remain available until
expended: Provided, That of the funds made available under
this heading, $10,000,000 shall not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive an expenditure plan prepared by the
Assistant Secretary of U.S. Immigration and Customs
Enforcement.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71), $5,452,037,000, to remain available
until September 30, 2012, of which not to exceed $10,000
shall be for official reception and representation expenses:
Provided, That of the total amount made available under this
heading, not to exceed $4,363,000,000 shall be for screening
operations, of which $643,325,000 shall be available for
explosives detection systems; and not to exceed
$1,089,037,000 shall be for aviation security direction and
enforcement: Provided further, That of the amount made
available in the preceding proviso for explosives detection
systems, $320,000,000 shall be available for the purchase and
installation of these systems, of which not less than 9
percent shall be available for the purchase and installation
of certified explosives detection systems at medium- and
small-sized airports: Provided further, That any award to
deploy explosives detection systems shall be based on risk,
the airport's current reliance on other screening solutions,
lobby congestion resulting in increased security concerns,
high injury rates, airport readiness, and increased cost
effectiveness: Provided further, That security service fees
authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation
security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received in fiscal year 2011, so as to result in a final
fiscal year appropriation from the general fund of not more
than $3,352,037,000: Provided further, That any security
service fees collected in excess of the amount made available
under this heading shall be available for fiscal year 2012:
Provided further, That Members of the House of
Representatives and Senate, including the leadership; the
heads of Federal agencies and commissions, including the
Secretary, Deputy Secretary, Under Secretaries, and Assistant
Secretaries of the Department of Homeland Security; the
Attorney General, Assistant Attorneys General, and United
States attorneys; and senior members of the Executive Office
of the President, including the Director of the Office of
Management and Budget; shall not be exempt from Federal
passenger and baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security
activities, $137,558,000, to remain available until September
30, 2012.
transportation threat assessment and credentialing
For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing,
$159,124,000, to remain available until September 30, 2012:
Provided, That if the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines
that the Secure Flight program does not need to check airline
passenger names against the full terrorist watchlist, the
Assistant Secretary shall certify to the Committees on
Appropriations of the Senate and the House of
Representatives, not later than 30 days after the date of
enactment of this Act, that no significant security risks are
raised by screening airline passenger names only against a
subset of the full terrorist watchlist.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71),
$1,039,777,000, to remain available until September 30, 2012:
Provided, That of the funds appropriated under this heading,
$50,000,000 may not be obligated for headquarters
administration until the Assistant Secretary of Homeland
Security (Transportation Security Administration) submits to
the Committees on Appropriations of the Senate and the House
of Representatives detailed expenditure plans for air cargo
security, and for checkpoint support and explosives detection
systems refurbishment, procurement, and installations on an
airport-by-airport basis for fiscal year 2011: Provided
further, That such plans shall be submitted no later than 60
days after the date of enactment of this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals,
$945,015,000.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of no more than $700,000) and repairs and service-life
replacements, not to exceed a total of $26,000,000, in
addition to boats necessary for overseas deployments and
other activities; minor shore construction projects not
exceeding $1,000,000 in total cost at any location; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare;
$6,951,973,000, of which $594,000,000 shall be for defense-
related activities, of which $254,000,000 is for overseas
deployments and other activities; of which $24,500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not to
exceed $20,000 shall be for official reception and
representation expenses: Provided, That none of the funds
made available by this or any other Act shall be available
for administrative expenses in connection with shipping
commissioners in the United States: Provided further, That
none of the funds made available by this Act shall be for
expenses incurred for recreational vessels under section
12114 of title 46, United States Code, except to the extent
fees are collected from yacht owners and credited to this
appropriation: Provided further, That the Coast Guard shall
comply with the requirements of section 527 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C.
4331 note) with respect to the Coast Guard Academy: Provided
further, That of the funds made available under this heading,
$75,000,000 shall be withheld from obligation for
Headquarters Directorates until: (1) the fiscal year 2011
second quarter acquisition report; (2) the annual review of
the Revised Deepwater Implementation Plan; (3) the future-
years capital investment plan for fiscal years 2012-2016;
[[Page S9103]]
and (4) the Polar High Latitude Study are received by the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That of the amount
provided under this heading for overseas deployments and
other activities, $254,000,000 is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That funds made
available under this heading for overseas deployments and
other activities may be allocated by program, project, and
activity, notwithstanding section 503 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,329,000, to
remain available until expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $135,675,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease and
operation of facilities and equipment, as authorized by law;
$1,518,613,000, of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $2,000,000 shall be derived from
the Coast Guard Housing Fund, established pursuant to 14
U.S.C. 687, and shall remain available until expended for
military family housing; of which $73,200,000 shall be
available until September 30, 2015, to acquire, effect major
repairs, renovate, or improve vessels, small boats, and
related equipment; of which $36,000,000 shall be available
until September 30, 2013, for other equipment; of which
$108,350,000 shall be available until September 30, 2013, for
shore facilities and aids to navigation facilities, including
not less than $23,500,000 for waterfront improvements and
support facilities for buoy tender operations at Naval
Station Newport, not less than $18,100,000 for the Coast
Guard Sector Honolulu Command and Interagency Operations
Center, and not less than $21,050,000 for Coast Guard Station
Cleveland Harbor; of which $107,561,000 shall be available
for personnel compensation and benefits and related costs;
and of which $1,191,502,000 shall be available until
September 30, 2015, for the Integrated Deepwater Systems
program: Provided, That of the funds made available for the
Integrated Deepwater Systems program, $103,000,000 is for
aircraft and $933,002,000 is for surface ships: Provided
further, That the Commandant of the Coast Guard shall submit
to the Committees on Appropriations of the Senate and the
House of Representatives, in conjunction with the President's
fiscal year 2012 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan
for the fiscal year; an annual performance comparison of
Integrated Deepwater Systems program assets to pre-Deepwater
legacy assets; a status report of such legacy assets; a
detailed explanation of how the costs of such legacy assets
are being accounted for within the Integrated Deepwater
Systems program; and the earned value management system gold
card data for each Integrated Deepwater Systems program
asset: Provided further, That the Commandant of the Coast
Guard shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, in conjunction with
the fiscal year 2016 budget request, and every 5 years
thereafter, a comprehensive review of the Revised Deepwater
Implementation Plan, that includes a complete projection of
the acquisition costs and schedule for the duration of the
plan: Provided further, That the Commandant of the Coast
Guard shall annually submit to the Committees on
Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast
Guard that identifies for each capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the estimated total acquisition cost;
(3) projected funding levels, including a listing (by
fiscal year) of the number of assets or segments that will be
procured with the funding requested, for each fiscal year for
the next 5 fiscal years or until project completion,
whichever is earlier;
(4) an estimated completion date at the projected funding
levels;
(5) the total number of planned assets or segments;
(6) justification for each requested project including a
qualitative description of mission performance envisioned to
be achieved upon completion of the acquisition program and
missions that will be supported by such project; and
(7) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of
Representatives:
Provided further, That the Commandant of the Coast Guard
shall ensure that amounts specified in the future-years
capital investment plan are consistent, to the maximum extent
practicable, with proposed appropriations necessary to
support the programs, projects, and activities of the Coast
Guard in the President's budget as submitted under section
1105(a) of title 31, United States Code, for that fiscal
year: Provided further, That any inconsistencies between the
capital investment plan and proposed appropriations shall be
identified and justified: Provided further, That subsections
(a) and (b) of section 6402 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28) shall apply to
fiscal year 2011.
alteration of bridges
For necessary expenses for alteration or removal of
obstructive bridges, as authorized by section 6 of the
Truman-Hobbs Act (33 U.S.C. 516), $4,000,000, to remain
available until expended: Provided, That of the amounts made
available under this heading, $4,000,000 shall be for the
Union Pacific Railroad Bridge in Clinton, Iowa.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $32,534,000, to remain
available until expended, of which $500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, concurrent receipts and combat-related
special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and
their dependents under chapter 55 of title 10, United States
Code, $1,400,700,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including: purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates
as may be determined by the Director of the Secret Service;
rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees in a case in
which a protective assignment during the actual day or days
of the visit of a protectee requires an employee to work 16
hours per day or to remain overnight at a post of duty;
conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret
Service employees on protective missions without regard to
the limitations on such expenditures in this or any other Act
if approval is obtained in advance from the Committees on
Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct
behavioral research in support of protective research and
operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,574,642,000, of which not to exceed $25,000
shall be for official reception and representation expenses;
of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; and of
which $6,000,000 shall be for a grant for activities related
to the investigations of missing and exploited children and
shall remain available until expended: Provided, That up to
$18,000,000 for protective travel shall remain available
until September 30, 2012: Provided further, That up to
$1,000,000 for National Special Security Events shall remain
available until expended: Provided further, That the United
States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and
entities, as defined in section 105 of title 5, United States
Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations for the fiscal
year shall not exceed total budgetary resources available
under this heading at the end of the fiscal year: Provided
further, That none of the funds made available under this
heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of
the Secretary, may waive that amount as necessary for
national security purposes: Provided further, That none of
the funds made available to the United States Secret Service
by this Act or by previous appropriations
[[Page S9104]]
Acts may be made available for the protection of the head of
a Federal agency other than the Secretary of Homeland
Security: Provided further, That the Director of the Secret
Service may enter into an agreement to perform such service
on a fully reimbursable basis: Provided further, That of the
total amount made available under this heading, $69,960,000,
to remain available until expended, is for information
integration and technology transformation: Provided further,
That of the funds made available in the preceding proviso,
$20,000,000 shall not be available for obligation until the
Chief Information Officer of the Department submits a report
to the Committees on Appropriations of the Senate and the
House of Representatives certifying that all plans for such
activities are consistent with Department of Homeland
Security data center migration and enterprise architecture
requirements: Provided further, That none of the funds made
available to the United States Secret Service by this Act or
by previous appropriations Acts may be obligated for the
purpose of opening a new permanent domestic or overseas
office or location unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15
days in advance of such obligation.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities,
$3,975,000, to remain available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under
Secretary for the National Protection and Programs
Directorate, support for operations, information technology,
and the Office of Risk Management and Analysis, $45,387,000:
Provided, That not to exceed $5,000 shall be for official
reception and representation expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized
by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $874,923,000, of which $720,884,000 shall
remain available until September 30, 2012: Provided, That of
the amount made available under this heading, $100,000,000
may not be obligated for the National Cyber Security Division
and $10,000,000 may not be obligated for the Next Generation
Networks program until the Committees on Appropriations of
the Senate and the House of Representatives receive a plan
for expenditure for each that describes the strategic
context, the specific goals and milestones set, and the funds
allocated to achieving each of those goals and milestones:
Provided further, That of the total amount provided, not less
than: $18,000,000 is for the National Infrastructure
Simulation and Analysis Center; $3,000,000 is for State and
local cyber security training; $3,000,000 is for the Multi-
State Information Sharing and Analysis Center; and $1,000,000
is for interoperable communications, technical assistance,
and outreach programs.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of
Representatives, no later than 60 days after the date of
enactment of this Act, that the operations of the Federal
Protective Service will be fully funded in fiscal year 2011
through revenues and collection of security fees, and shall
adjust the fees to ensure fee collections are sufficient to
ensure that, no later than September 1, 2011, the Federal
Protective Service maintains not fewer than 1,348 full-time
staff and 1,011 full-time Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are
directly engaged on a daily basis protecting and enforcing
laws at Federal buildings (referred to as ``in-service field
staff'').
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a), $339,263,000, of which $50,000,000 shall
remain available until September 30, 2012: Provided, That of
the total amount made available under this heading,
$125,000,000 shall not be obligated for the United States
Visitor and Immigrant Status Indicator Technology project
until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for expenditure,
prepared by the Secretary of Homeland Security, not later
than 90 days after the date of enactment of this Act that
meets the statutory conditions specified under this heading
in Public Law 110-329: Provided further, That not less than
$50,000,000 of unobligated balances of prior year
appropriations shall remain available and be obligated solely
for implementation of a biometric air exit capability.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$157,984,000, of which $27,053,000 is for salaries and
expenses: Provided, That $130,931,000 shall remain available
until September 30, 2012, for biosurveillance, BioWatch,
medical readiness planning, chemical response, and other
activities, including $4,750,000 for the North Carolina
Collaboratory for Bio-Preparedness, University of North
Carolina, Chapel Hill: Provided further, That of the amount
made available under this heading, $3,500,000 may not be
obligated for the National Biosurveillance Integration System
until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for expenditure for
such System: Provided further, That not to exceed $3,000
shall be for official reception and representation expenses.
Federal Emergency Management Agency
management and administration
For necessary expenses for management and administration of
the Federal Emergency Management Agency, $764,296,000,
including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance Act of
2000 (division C, title I, 114 Stat. 583), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), and the Post-Katrina Emergency Management Reform Act
of 2006 (Public Law 109-295): Provided, That not to exceed
$3,000 shall be for official reception and representation
expenses: Provided further, That the President's budget
submitted under section 1105(a) of title 31, United States
Code, shall be detailed by office for the Federal Emergency
Management Agency: Provided further, That the Administrator
of the Federal Emergency Management Agency shall provide to
the Committees on Appropriations of the Senate and the House
of Representatives an expenditure plan for all funds made
available in this Act for Federal Emergency Management Agency
``Management and Administration'', not later than 75 days
after the date of enactment of this Act: Provided further,
That of the total amount made available under this heading,
not to exceed $12,000,000 shall remain available until
September 30, 2012, for capital improvements at the Mount
Weather Emergency Operations Center: Provided further, That
of the total amount made available under this heading,
$38,000,000 shall be for the Urban Search and Rescue Response
System, of which not to exceed $1,600,000 may be made
available for administrative costs; and $7,049,000 shall be
for the Office of National Capital Region Coordination:
Provided further, That for purposes of planning,
coordination, execution, and decisionmaking related to mass
evacuation during a disaster, for fiscal year 2011 and
hereafter, the Governors of the State of West Virginia and
the Commonwealth of Pennsylvania, or their designees, shall
be incorporated into efforts to integrate the activities of
Federal, State, and local governments in the National Capital
Region, as defined in section 882 of Public Law 107-296, the
Homeland Security Act of 2002.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $3,080,450,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605): Provided, That of the amount provided
by this paragraph and not subject to the requirements of
title XX, subtitle A of the Homeland Security Act of 2002 (6
U.S.C. 603, et seq.), $60,000,000 shall be for Operation
Stonegarden and $10,000,000 shall be for the Citizen Corps
Program: Provided further, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2011, the
Commonwealth of Puerto Rico shall make available to local and
tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $977,500,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604): Provided, That, notwithstanding
subsection (c)(1) of such section, $19,000,000 shall be for
grants to organizations (as described under section 501(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3))
and exempt from tax section 501(a) of such code (26 U.S.C.
501(a)) determined by the Secretary of Homeland Security to
be at high risk of a terrorist attack: Provided further,
That of the amount provided by this paragraph, $20,000,000
shall be for radiological and nuclear detection systems:
Provided further, That of the amount provided by this
paragraph and not subject to the requirements of title XX,
subtitle A of the Homeland Security Act of 2002 (6 U.S.C.
603, et seq.), $17,500,000, to remain available until
expended, shall be for necessary expenses for reimbursement
of the actual costs to State and local governments for
providing emergency management, public safety, and
[[Page S9105]]
security at events, as determined by the Administrator of the
Federal Emergency Management Agency, related to the presence
of a National Special Security Event: Provided further, That
the amount of any grant made to reimburse the actual costs
related to a National Special Security Event shall not be
deducted from the allocation of any amounts otherwise made
available under this paragraph to any entity.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(5) $350,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under section 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135,
1163, and 1182); of which not less than $25,000,000 shall be
for Amtrak security; and not less than $12,000,000 shall be
for Over-the-Road Bus Security Assistance: Provided, That
such public transportation security assistance shall be
provided directly to public transportation agencies.
(6) $350,000,000 shall be for Port Security Grants under
section 70107 of title 46, United States Code.
(7) $35,000,000 shall be for Buffer Zone Protection Program
Grants.
(8) $35,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579).
(9) $50,000,000 shall be for grants for Emergency
Operations Centers under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c) to remain available until expended, of which
not less than the amount specified for each Emergency
Operations Center shall be provided as follows: $700,000,
California Emergency Management Agency; $228,125, Cherry Hill
Township, New Jersey; $800,000, City of Alexandria, Virginia;
$250,000, City of Baton Rouge, Louisiana; $800,000, City of
Bowie Police Department, Maryland; $800,000, City of
Brownsville, Texas; $442,000, City of Columbia, South
Carolina; $800,000, City of Columbus, Ohio; $800,000, City of
Compton, California; $800,000, City of Houston, Texas;
$800,000, City of Laredo, Texas; $500,000, City of Lauderdale
Lakes, Florida; $800,000, City of New Orleans, Louisiana;
$600,000, City of Orange Township, New Jersey; $800,000, City
of Palm Beach Gardens, Florida; $500,000, City of Pasadena,
California; $950,000, City of Passaic, New Jersey; $800,000,
City of Pharr, Texas; $800,000, City of Phoenix, Arizona;
$800,000, City of South Daytona, Florida; $375,000, City of
Temple City, California; $800,000, Clallam County Sheriff's
Office, Washington; $800,000, County of Gloucester, New
Jersey; $3,450,000, County of Hudson, New Jersey; $771,000,
Missoula County, Montana; $250,000, Fulton County Government,
Arkansas; $300,000, Fulton County Government, County
Manager's Office, Georgia; $800,000, Hancock County
Commission, West Virginia; $750,000, Louisiana Sheriff's
Association, Baton Rouge, Louisiana; $250,000, Madison
County, Texas; $750,000, Maryland Emergency Management
Agency; $800,000, Oakland County Homeland Security Division,
Michigan; $129,000, Park County, Montana; $800,000,
Plaquemines Parish Sheriff's Office, Louisiana; $610,000,
Polk County, Iowa; $750,000, Providence Emergency Management
Agency and Office of Homeland Security, Rhode Island;
$1,000,000, Rhode Island Emergency Management Agency;
$750,000, Salt Lake County, Utah; $1,000,000, State of
Illinois; $250,000, State of Michigan; $5,000,000, State of
West Virginia; $800,000, Town of East Haven, Connecticut;
$800,000, Town of South Windsor, Connecticut; $800,000, Town
of Southwest Ranches, Florida; $775,000, Uvalde County,
Texas; and $800,000, Wisconsin Division of Emergency
Management.
(10) $256,950,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $159,500,000 shall be for the National Domestic
Preparedness Consortium in accordance with section 1204 of
the Implementing Recommendations of the 9/11 Commission Act
of 2007 (6 U.S.C. 1102), of which $62,500,000 shall be for
the Center for Domestic Preparedness; $23,000,000 shall be
for the National Energetic Materials Research and Testing
Center, New Mexico Institute of Mining and Technology;
$23,000,000 shall be for the National Center for Biomedical
Research and Training, Louisiana State University;
$23,000,000 shall be for the National Emergency Response and
Rescue Training Center, Texas A&M University; $23,000,000
shall be for the National Exercise, Test, and Training
Center, Nevada Test Site; and $5,000,000 shall be for the
National Disaster Preparedness Training Center, University of
Hawaii, Honolulu, Hawaii; and
(B) $2,450,000 shall be for the Center for Counterterrorism
and Cyber Crime, Norwich University, Northfield, Vermont:
Provided, That not to exceed 4.7 percent of the amounts
provided under this heading shall be transferred to the
Federal Emergency Management Agency ``Management and
Administration'' account for program administration: Provided
further, That notwithstanding section 2008(a)(11) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any
other provision of law, a grantee may use not more than 5
percent of the amount of a grant made available under this
heading for expenses directly related to administration of
the grant: Provided further, That for grants under paragraphs
(1) through (4), the applications for grants shall be made
available to eligible applicants not later than 25 days after
the date of enactment of this Act, eligible applicants shall
submit applications not later than 90 days after the grant
announcement, and that the Administrator of the Federal
Emergency Management Agency shall act within 90 days after
receipt of an application: Provided further, That the
previous proviso shall not apply to funds for necessary
expenses related to the presence of a National Special
Security Event: Provided further, That for grants under
paragraphs (5) through (8), the applications for grants shall
be made available to eligible applicants not later than 30
days after the date of enactment of this Act, eligible
applicants shall submit applications within 45 days after the
grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act not later than 60 days
after receipt of an application: Provided further, That for
grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a
building or other physical facility: Provided further, That
grantees shall provide reports on their use of funds, as
determined necessary by the Secretary: Provided further, That
in fiscal year 2011 and hereafter, (a) the Center for
Domestic Preparedness may provide training to emergency
response providers from the Federal Government, foreign
governments, or private entities, if the Center for Domestic
Preparedness is reimbursed for the cost of such training, and
any reimbursement under this subsection shall be credited to
the account from which the expenditure being reimbursed was
made and shall be available, without fiscal year limitation,
for the purposes for which amounts in the account may be
expended; (b) the head of the Center for Domestic
Preparedness shall ensure that any training provided under
(a) does not interfere with the primary mission of the Center
to train state and local emergency response providers; (c)
subject to (b), nothing in (a) prohibits the Center for
Domestic Preparedness from providing training to employees of
the Federal Emergency Management Agency for the professional
development of those employees pursuant to 5 U.S.C. 4103
without reimbursement for the cost of such training.
firefighter assistance grants
For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.), $840,000,000, of which $420,000,000 shall be
available to carry out section 33 of that Act (15 U.S.C.
2229) and $420,000,000 shall be available to carry out
section 34 of that Act (15 U.S.C. 2229a), to remain available
until September 30, 2012: Provided, That notwithstanding the
requirement under section 34(a)(1)(A) of such Act that grants
must be used to increase the number of firefighters in fire
departments, the Secretary of Homeland Security, in making
grants under section 34 of such Act using the funds made
available under this heading, shall grant waivers from the
requirements of subsections (a)(1)(B), (c)(1), (c)(2), and
(c)(4)(A) of such section: Provided further, That section
34(a)(1)(E) of such Act shall not apply with respect to funds
appropriated under this heading for grants under section 34
of such Act: Provided further, That the Secretary of Homeland
Security, in making grants under section 34 of such Act,
shall ensure that funds appropriated under this heading are
made available for the retention of firefighters: Provided
further, That not to exceed 5 percent of the amount available
under this heading shall be available for program
administration.
emergency management performance grants
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), $345,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total
amount appropriated under this heading.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2011, as
authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall
not be less than 100 percent of the amounts anticipated by
the Department of Homeland Security necessary for the
radiological emergency preparedness program for the next
fiscal year: Provided, That the methodology for assessment
and collection of fees under that title shall be fair and
equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees:
Provided further, That fees collected shall be deposited in
this account as offsetting collections and will become
available for authorized purposes on October 1, 2011, and
remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), $45,930,000.
[[Page S9106]]
disaster relief
(including transfers of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,950,000,000, to remain available
until expended: Provided, That the Federal Emergency
Management Agency shall submit an expenditure plan to the
Committees on Appropriations of the Senate and the House of
Representatives detailing the use of the funds for disaster
readiness and support not later than 60 days after the date
of enactment of this Act: Provided further, That the Federal
Emergency Management Agency shall submit to such Committees a
quarterly report detailing obligations against the
expenditure plan and a justification for any changes in
spending: Provided further, That of the total amount
provided, $16,000,000 shall be transferred to the Department
of Homeland Security Office of Inspector General for audits
and investigations related to disasters, subject to section
503 of this Act: Provided further, That, not later than 60
days after enactment of this Act, $145,600,000 shall be
transferred to Federal Emergency Management Agency
``Management and Administration'' for management and
administration functions: Provided further, That the Federal
Emergency Management Agency shall submit the monthly
``Disaster Relief'' report, as specified in Public Law 110-
161, to the Committees on Appropriations of the Senate and
the House of Representatives, and include the amounts
provided to each Federal agency for mission assignments:
Provided further, That for any request for reimbursement from
a Federal agency to the Department of Homeland Security to
cover expenditures under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
or any mission assignment orders issued by the Department for
such purposes, the Secretary of Homeland Security shall take
appropriate steps to ensure that each agency is periodically
reminded of Department policies on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
disaster assistance direct loan program account
For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5162), $295,000 is for the cost of direct loans: Provided,
That gross obligations for the principal amount of direct
loans shall not exceed $25,000,000: Provided further, That
the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a).
flood hazard mapping and risk analysis
For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $194,000,000,
and such additional sums as may be provided by State and
local governments or other political subdivisions for cost-
shared mapping activities under section 1360(f)(2) of such
Act (42 U.S.C. 4101(f)(2)), to remain available until
expended: Provided, That total administrative costs shall not
exceed 5 percent of the total amount appropriated under this
heading.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.),
$169,000,000, which shall be derived from offsetting
collections assessed and collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)),
of which not to exceed $22,145,000 shall be available for
salaries and expenses associated with flood mitigation and
flood insurance operations; and not less than $146,855,000
shall be available for flood plain management and flood
mapping, which shall remain available until September 30,
2012: Provided, That any additional fees collected pursuant
to section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain
management and flood mapping: Provided further, That in
fiscal year 2011, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act
(42 U.S.C. 4017) in excess of: (1) $110,000,000 for operating
expenses; (2) $963,339,000 for commissions and taxes of
agents; (3) such sums as are necessary for interest on
Treasury borrowings; and (4) $120,000,000, which shall remain
available until expended for flood mitigation actions, of
which not less than $40,000,000 is for severe repetitive loss
properties under section 1361A of the National Flood
Insurance Act of 1968 (42 U.S.C. 4102a), of which $10,000,000
shall be for repetitive insurance claims properties under
section 1323 of the National Flood Insurance Act of 1968 (42
U.S.C. 4030), and of which $40,000,000 shall be for flood
mitigation assistance under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding
subparagraphs (B) and (C) of subsection (b)(3) and subsection
(f) of section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7)
of section 1310 of the National Flood Insurance Act of 1968
(42 U.S.C. 4017): Provided further, That amounts collected
under section 102 of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4012a) and section 1366(i) of the National
Flood Insurance Act of 1968 shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding subsection (f)(8) of
such section 102 (42 U.S.C. 4012a(f)(8) and section 1366(i)
and paragraphs (2) and (3) of section 1367(b) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)-
(3)): Provided further, That total administrative costs shall
not exceed 4 percent of the total appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), including administrative
costs, $85,000,000, to remain available until expended and to
be obligated as detailed in the statement accompanying this
Act: Provided, That the total administrative costs associated
with such grants shall not exceed 3 percent of the total
amount made available under this heading.
emergency food and shelter
To carry out the emergency food and shelter program
pursuant to title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.), $150,000,000, to
remain available until expended: Provided, That total
administrative costs shall not exceed 3.5 percent of the
total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $297,993,000, of which $176,400,000 is for
processing applications for asylum or refugee status; and of
which $103,400,000 is for the E-Verify Program, as authorized
by section 402 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note),
to assist United States employers with maintaining a legal
workforce: Provided, That notwithstanding any other provision
of law, funds available to United States Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to five vehicles, for replacement only, for
use in areas where the Administrator of General Services does
not provide vehicles for lease: Provided further, That the
Director of United States Citizenship and Immigration
Services may authorize employees of United States Citizenship
and Immigration Services who are assigned to those areas to
use such vehicles to travel between the employees' residences
and places of employment: Provided further, That none of the
funds made available in this Act for grants for immigrant
integration may be used to provide services to aliens who
have not been lawfully admitted to the United States for
permanent residence.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center as authorized under section 884 of the
Homeland Security Act of 2002 (6 U.S.C. 464), including
materials and support costs of Federal law enforcement basic
training; the purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles;
expenses for student athletic and related activities; the
conduct of and participation in firearms matches and
presentation of awards; public awareness and enhancement of
community support of law enforcement training; room and board
for student interns; a flat monthly reimbursement to
employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109
of title 5, United States Code, $234,500,000, of which up to
$48,420,000 shall remain available until September 30, 2012,
for materials and support costs of Federal law enforcement
basic training; and of which not to exceed $12,000 shall be
for official reception and representation expenses: Provided,
That of the total amount made available under this heading,
not to exceed $30,000,000 shall be for management and
administration: Provided further, That the Center is
authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by
the Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further,
That the Director of the Federal Law Enforcement Training
Center shall schedule basic or advanced law enforcement
training, or both, at all four training facilities under the
control of the Federal Law Enforcement Training Center to
ensure that such training facilities are operated at the
highest capacity throughout the fiscal year: Provided
further, That section 1202(a) of the 2002 Supplemental
Appropriations Act for Further Recovery From and Response to
Terrorist Attacks on the United States (Public Law 107-206;
42 U.S.C. 3771 note), is amended by striking ``December 31,
2012'' and inserting ``December 31, 2013''.
accreditation
For necessary expenses of Federal Law Enforcement Training
Accreditation activities, $1,419,000, of which $300,000 shall
remain available until expended to be distributed to Federal
law enforcement agencies for expenses incurred participating
in training accreditation: Provided, That the Federal Law
Enforcement Training Accreditation Board, including
representatives from the Federal
[[Page S9107]]
law enforcement community and non-Federal accreditation
experts involved in law enforcement training, shall lead the
Federal law enforcement training accreditation process to
continue the implementation of measuring and assessing the
quality and effectiveness of Federal law enforcement training
programs, facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $38,456,000, to remain available
until expended: Provided, That the Center is authorized to
accept reimbursement to this appropriation from Government
agencies requesting the construction of special use
facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.), $145,959,000: Provided, That not to exceed $10,000
shall be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.); and the purchase or lease of not to exceed five
vehicles, $902,651,000, of which $780,651,000 is to remain
available until September 30, 2013; and of which not less
than $122,000,000 is to remain available until September 30,
2015, solely for laboratory facilities: Provided, That not
less than $50,000,000 shall be available for university
programs: Provided further, That not less than $20,865,000
shall be available for the Southeast Region Research
Initiative at the United States Army Corps of Engineers'
Engineer Research and Development Center: Provided further,
That not less than $2,250,000 shall be available for
Distributed Environment for Critical Infrastructure
Decisionmaking Exercises: Provided further, That not less
than $500,000 shall be available to continue a project to
develop situational awareness and decision support
capabilities through remote sensing technologies: Provided
further, That not less than $1,000,000 shall be available to
continue a homeland security research, development, and
manufacturing pilot project.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 591 et seq.), for management and
administration of programs and activities, $36,400,000:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses: Provided further, That
not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committees on
Appropriations of the Senate and House of Representatives a
strategic plan of investments necessary to implement the
Department of Homeland Security's responsibilities under the
domestic component of the global nuclear detection
architecture that shall: (1) define each Departmental
entity's roles and responsibilities in support of the
domestic detection architecture, including any existing or
planned programs to pre-screen cargo or conveyances overseas;
(2) identify and describe the specific investments being made
by Departmental organizations in fiscal year 2011, and
planned for fiscal year 2012, to support the domestic
architecture and the security of sea, land, and air pathways
into the United States; (3) describe the investments
necessary to close known vulnerabilities and gaps, including
associated costs and timeframes, and estimates of feasibility
and cost effectiveness; and (4) explain how the Department's
research and development funding is furthering the
implementation of the domestic nuclear detection
architecture, including specific investments planned for
fiscal years 2011 and 2012.
research, development, and operations
For necessary expenses for radiological and nuclear
detection, development, testing, evaluation, and operations,
$191,242,000, to remain available until September 30, 2013:
Provided, That not later than 60 days after the date of
enactment of this Act, all prior year balances available for
transformational research and development shall be
transferred to Science and Technology ``Research,
Development, Acquisition, and Operations''.
systems acquisition
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems
in accordance with the global nuclear detection architecture,
$52,000,000, to remain available until September 30, 2013:
Provided, That none of the funds appropriated under this
heading in this Act or any other Act shall be obligated for
full-scale procurement of advanced spectroscopic portal
monitors until the Secretary of Homeland Security submits to
the Committees on Appropriations of the Senate and the House
of Representatives a report certifying that a significant
increase in operational effectiveness will be achieved by
such obligation: Provided further, That the Secretary shall
submit separate and distinct certifications prior to the
procurement of advanced spectroscopic portal monitors for
primary and secondary deployment that address the unique
requirements for operational effectiveness of each type of
deployment: Provided further, That the Secretary may continue
to consult with the National Academy of Sciences before
making such certifications: Provided further, That none of
the funds appropriated under this heading shall be used for
high-risk concurrent development and production of mutually
dependent software and hardware.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2011, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program, project, or activity; (2)
eliminates a program, project, office, or activity; (3)
increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or (5)
contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in
the object classification tables contained in the fiscal year
2011 Budget Appendix for the Department of Homeland Security,
as modified by the explanatory statement accompanying this
Act, unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2011, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in
excess of $5,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a
change in existing programs, projects, or activities as
approved by the Congress, unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of
funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be
available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after May 31, except in extraordinary
circumstances that imminently threaten the safety of human
life or the protection of property.
Sec. 504. The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of the
Federal Financial Management Act of 1994 (Public Law 103-356;
31 U.S.C. 501 note), shall continue operations as a permanent
working capital fund for fiscal year 2011: Provided, That
none of the funds appropriated or otherwise made available to
the Department of Homeland Security may be used to make
payments to the Working Capital Fund, except for the
activities and amounts allowed in the President's fiscal year
2011 budget: Provided further, That funds provided to the
Working Capital Fund shall be available for obligation until
expended to carry out the purposes of the Working Capital
Fund: Provided further, That all departmental components
shall
[[Page S9108]]
be charged only for direct usage of each Working Capital Fund
service: Provided further, That funds provided to the Working
Capital Fund shall be used only for purposes consistent with
the contributing component: Provided further, That such funds
shall be paid in advance or reimbursed at rates which will
return the full cost of each service: Provided further, That
the Working Capital Fund shall be subject to the requirements
of section 503 of this Act.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of the amount of any
unobligated balances remaining available at the end of fiscal
year 2011 from appropriations for salaries and expenses for
fiscal year 2011, under this Act shall remain available
through September 30, 2012, in the account and for the
purposes for which the appropriations were provided:
Provided, That prior to the obligation of such funds, a
request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2011 until the enactment of an Act authorizing
intelligence activities for fiscal year 2011.
Sec. 507. None of the funds made available by this Act may
be used to make a grant allocation, grant award, contract
award, other transaction agreement, a task or delivery order
on a Department of Homeland Security multiple award contract,
or to issue a letter of intent totaling in excess of
$1,000,000, or to announce publicly the intention to make
such an award, including a contract covered by the Federal
Acquisition Regulation, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full
business days in advance of making such an award or issuing
such a letter: Provided, That if the Secretary of Homeland
Security determines that compliance with this section would
pose a substantial risk to human life, health, or safety, an
award may be made without such notification and the
Committees on Appropriations of the Senate and the House of
Representatives shall be notified not later than 5 full
business days after such an award is made or letter issued:
Provided further, That no notification shall involve funds
that are not available for obligation: Provided further, That
a notification under this section shall include the amount of
the award, the fiscal year for which the funds for the award
were appropriated, and the account from which the funds are
being drawn: Provided further, That the Federal Emergency
Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives
5 full business days in advance of announcing publicly the
intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no
Federal department or agency shall purchase, construct, or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations of the
Senate and the House of Representatives, except that the
Federal Law Enforcement Training Center is authorized to
obtain the temporary use of additional facilities by lease,
contract, or other agreement for training that cannot be
accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, 528, and 530 of the
Department of Homeland Security Appropriations Act, 2008
(division E of Public Law 110-161; 121 Stat. 2073 et seq.)
shall apply with respect to funds made available in this Act
in the same manner as such sections applied to funds made
available in that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act (41 U.S.C. 10a et seq.).
Sec. 512. None of the funds made available in this Act may
be used by any person other than the Privacy Officer
appointed under subsection (a) of section 222 of the Homeland
Security Act of 2002 (6 U.S.C. 142(a)) to alter, direct that
changes be made to, delay, or prohibit the transmission to
Congress of any report prepared under paragraph (6) of such
subsection.
Sec. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as
of June 1, 2004, by employees (including employees serving on
a temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security
who are known as of that date as Immigration Information
Officers, Contact Representatives, or Investigative
Assistants.
Sec. 515. (a) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air
carriers and airports to ensure that screening of cargo
carried on passenger aircraft, as that term is defined in
section 44901(g)(5) of title 49, United States Code,
increases incrementally each quarter until the requirement
under section 44901(g)(2)(B) of such title is met.
(b) Not later than 120 days after the end of each quarter,
the Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a report on air cargo inspection statistics by airport and
air carrier detailing the incremental progress being made to
meet the requirement of section 44901(g)(2)(B) of title 49,
United States Code.
Sec. 516. Not later than 45 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a monthly budget and staffing report for that month that
includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract
employees for each office of the Department.
Sec. 517. Any funds appropriated to Coast Guard
``Acquisition, Construction, and Improvements'' for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot
patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the Fast
Response Cutter program.
Sec. 518. None of the funds provided by this or any other
Act may be obligated for the development, testing,
deployment, or operation of any portion of a human resources
management system authorized by section 9701(a) of title 5,
United States Code, or by regulations prescribed pursuant to
such section, for an employee, as that term is defined in
section 7103(a)(2) of such title.
Sec. 519. Section 532(a) of the Department of the Homeland
Security Appropriations Act, 2007 (Public Law 109-295, 120
Stat. 1384) is amended by striking ``2010'' and inserting
``2011 and thereafter''.
Sec. 520. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 521. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official (or the successor
thereto) for any Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies unless--
(1) The responsibilities of the Principal Federal Official
do not include operational functions related to incident
management, including coordination of operations, and are
consistent with the requirements of subsection 509(c) and
subsections 503(c)(3) and (c)(4)(A) of the Homeland Security
Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and
section 302 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5143); and
(2) Not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the
President issues a declaration under section 401 or section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 and 5191, respectively), the
Secretary of Homeland Security shall submit a notification of
the appointment of the Principal Federal Official and a
description of the responsibilities of such Official and how
such responsibilities are consistent with paragraph (1) to
the Committees on Appropriations of the Senate and the House
of Representatives, the Transportation and Infrastructure
Committee of the House of Representatives, and the Homeland
Security and Governmental Affairs Committee of the Senate.
(3) Not later than 60 days after the date of enactment of
this Act, the Secretary shall provide a report specifying
timeframes and milestones regarding the update of operations,
planning and policy documents, and training and exercise
protocols, to ensure consistency with paragraph (1) of this
section.
Sec. 522. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the Office
of the Secretary and Executive Management, the Office of the
Under Secretary for Management, or the Office of the Chief
Financial Officer may be obligated for a grant or contract
funded under any such heading by any means other than full
and open competition.
(b) Subsection (a) does not apply to obligation of funds
for a contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that
is authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46
et seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
[[Page S9109]]
(4) by a Federal agency other than the Department of
Homeland Security using funds provided through an interagency
agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the applicability of this section with
respect to the award of a contract if such a waiver is in the
interest of national security or if failure to waive such
applicability would pose a substantial risk to human health
or welfare.
(2) Not later than 5 days after the date on which the
Secretary of Homeland Security issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
contract to which the waiver applies and an explanation of
why the waiver authority was used. The Secretary may not
delegate the authority to grant such a waiver.
(d) In addition to the requirements established by
subsections (a), (b), and (c) of this section, the Inspector
General of the Department of Homeland Security shall review
departmental contracts awarded through means other than a
full and open competition to assess departmental compliance
with applicable laws and regulations: Provided, That the
Inspector General shall review selected contracts awarded in
the previous fiscal year through means other than a full and
open competition: Provided further, That in selecting which
contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on
similar contracts or by the selected vendor, complaints
received about the award process or contractor performance,
and such other factors as the Inspector General determines
are relevant: Provided further, That no later than February
7, 2011, the Inspector General shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives a report on the reviews conducted under this
section.
Sec. 523. None of the funds made available in this or any
other Act may be used to enforce section 4025(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3724) unless the Assistant
Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007,
that butane lighters are not a significant threat to civil
aviation security.
Sec. 524. None of the funds made available by this Act may
be used to take an action that would violate Executive Order
No. 13423 (72 Fed. Reg. 3919; relating to strengthening
Federal environmental, energy, and transportation
management).
Sec. 525. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date
of the enactment of this Act.
Sec. 526. None of the funds made available in this Act
shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452).
Sec. 527. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to
the granting of the benefit have been received by United
States Citizenship and Immigration Services and such results
do not preclude the granting of the benefit.
Sec. 528. None of the funds made available in this or any
other Act for fiscal year 2011 and hereafter may be used to
destroy or put out to pasture any horse or other equine
belonging to any component or agency of the Department of
Homeland Security that has become unfit for service, unless
the trainer or handler is first given the option to take
possession of the equine through an adoption program that has
safeguards against slaughter and inhumane treatment.
Sec. 529. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 530. None of the funds provided in this Act under the
heading ``Office of the Chief Information Officer'' shall be
used for data center development other than for Data Center
One (National Center for Critical Information Processing and
Storage) until the Chief Information Officer certifies that
Data Center One is fully utilized as the Department's primary
data storage center at the highest capacity throughout the
fiscal year.
Sec. 531. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2010'' and inserting ``Until September 30, 2011,''; and
(2) in subsection (d)(1), by striking ``September 30,
2010,'' and inserting ``September 30, 2011,''.
Sec. 532. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its Government-employed or contract staff
levels.
Sec. 533. The Secretary of Homeland Security shall require
that all contracts entered into by the Department of Homeland
Security that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
Sec. 534. None of the funds made available to the ``Office
of the Secretary and Executive Management'' under this Act
may be expended to hire any new employees of the Department
of Homeland Security who are not verified through the E-
Verify Program established under title IV of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note).
Sec. 535. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 536. None of the funds made available in this Act may
be used by the Secretary of Homeland Security or any delegate
of the Secretary to issue any rule or regulation which
implements the Notice of Proposed Rulemaking related to
Petitions for Aliens To Perform Temporary Nonagricultural
Services or Labor (H-2B) set out beginning on 70 Fed. Reg.
3984 (January 27, 2005).
Sec. 537. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9703(g)(4)(B) of title 31, Unites
States Code (added by Public Law 102-393) from the Department
of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the
funds identified for such a transfer may be obligated until
the Committees on Appropriations of the Senate and the House
of Representatives approve the proposed transfers.
Sec. 538. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 539. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an
airport does not need to participate in the E-Verify Program
established under title IV of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note), the Assistant Secretary shall certify to the
Committees on Appropriations of the Senate and the House of
Representatives that no security risks will result from such
nonparticipation.
Sec. 540. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and by the later
of 30 days after the date that the President determines
whether to declare a major disaster because of an event or
the date of the completion of any appeal by a Governor
regarding such determination, the Administrator shall submit
to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of
the House of Representatives, the Committee on Transportation
and Infrastructure of the House of Representatives, the
Committees on Appropriations of the Senate and the House of
Representatives, and publish on the website of the Federal
Emergency Management Agency, a report regarding that
decision, summarizing damage assessment information used to
determine whether to declare a major disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines
would compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 541. (a) Notwithstanding any other provision of law,
during fiscal year 2011 or any subsequent fiscal year, if the
Secretary of Homeland Security determines that the National
Bio- and Agro-defense Facility is to be located at a site
other than Plum Island, New York, the Secretary shall ensure
that the Administrator of General Services sells, through
public sale, all real and related personal property and
transportation assets that support Plum Island operations,
subject to such terms and conditions as may be necessary to
protect Government interests and meet program requirements.
(b) The proceeds of any sale described in subsection (a)
shall be deposited as offsetting collections into the
Department of Homeland Security Science and Technology
``Research, Development, Acquisition, and Operations''
account and, subject to appropriation, shall be available
until expended, for
[[Page S9110]]
site acquisition, construction, and costs related to the
construction of the National Bio- and Agro-defense Facility,
including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation
at Plum Island, and reimbursement of any expenses incurred by
the General Services Administration.
Sec. 542. (a) For an additional amount for Science and
Technology, ``Research, Development, Acquisition, and
Operations'', $40,000,000, to remain available until
September 30, 2012, for construction of the Central Utility
Plant at the approved National Bio- and Agro-defense Facility
site in Manhattan, Kansas.
(b) The Department shall provide an update of the site-
specific biosafety and biosecurity mitigation risk assessment
of the National Bio- and Agro-defense Facility in Manhattan,
Kansas that integrates findings from the Department's risk
assessment, as well as findings from the National Academy of
Sciences' evaluation of the Department's risk assessment. The
update shall:
(1) include strategies to mitigate the risk of foot-and-
mouth disease virus release from the laboratory and ensure
safe operations at the approved National Bio- and Agro-
defense Facility site in Manhattan, Kansas;
(2) address the impact of surveillance, response, and
mitigation plans (developed in consultation with local,
State, and national authorities and appropriate stakeholders)
if a release occurs, to detect and control the spread of
disease; and
(3) address how the Department will collaborate with the
United States Department of Agriculture and other appropriate
Federal departments and agencies to identify and complete
such additional studies as may be necessary in order to
secure a future permit from the United States Department of
Agriculture to operate the National Bio- and Agro-defense
Facility safely and securely.
(c) The Secretary of Homeland Security shall enter into a
contract with the National Academy of Sciences to evaluate
the adequacy and validity of the risk assessment required by
subsection (b). The National Academy of Sciences shall submit
a report on such evaluation within 4 months after the date
the Department of Homeland Security concludes its mitigation
risk assessment.
Sec. 543. Any official who is required by this Act to
report or certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 544. Section 203(m) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(m)) is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2011''.
Sec. 545. Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6
U.S.C. 121 note) is amended by striking ``on October 4,
2010'' and inserting ``on October 4, 2011''.
Sec. 546. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301.10-124 of title 41, Code of Federal Regulations.
Sec. 547. For purposes of section 210C of the Homeland
Security Act of 2002 (6 U.S.C. 124j), for fiscal year 2011
and hereafter, a rural area shall also include any area that
is located in a metropolitan statistical area and a county,
borough, parish, or area under the jurisdiction of an Indian
tribe with a population of not more than 50,000.
Sec. 548. None of the funds made available in this Act may
be used to propose or effect a disciplinary or adverse action
with respect to any Department of Homeland Security employee
who engages regularly with the public in the performance of
his or her official duties solely because that employee
elects to utilize protective equipment or measures, including
surgical masks, N95 respirators, gloves, or hand-sanitizers,
where use of such equipment or measures is in accordance with
Department of Homeland Security policy, and Centers for
Disease Control and Prevention and Office of Personnel
Management guidance.
Sec. 549. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 550. (a) Any company that collects or retains personal
information directly from any individual who participates in
the Registered Traveler program of the Transportation
Security Administration shall safeguard and dispose of such
information in accordance with the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide
for Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled
``Recommended Security Controls for Federal Information
Systems and Organizations''; and
(3) any supplemental standards established by the Assistant
Secretary, Transportation Security Administration (referred
to in this section as the ``Assistant Secretary'').
(b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program
shall be known as the Sponsoring Entity.
(c) The Assistant Secretary shall require any company
covered by subsection (a) to provide, not later than 30 days
after the date of the enactment of this Act, to the
Sponsoring Entity written certification that the procedures
used by the company to safeguard and dispose of information
are in compliance with the requirements under subsection (a).
Such certification shall include a description of the
procedures used by the company to comply with such
requirements.
(d) Not later than 90 days after the date of the enactment
of this Act, the Assistant Secretary shall submit to the
Committees on Appropriations of the Senate and House of
Representatives a report that includes a description of--
(1) the procedures that have been used to safeguard and
dispose of personal information collected through the
Registered Traveler program; and
(2) the status of any certifications required to be
submitted by subsection (c).
Sec. 551. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not
meet the basic requirements of a contract.
Sec. 552. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless
such contract is entered into in accordance with the
requirements of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253) or chapter 137 of title
10, United States Code, and the Federal Acquisition
Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above
referenced statutes.
(including transfers of funds)
Sec. 553. (a) Funds made available by this Act solely for
data center migration may be transferred by the Secretary
between appropriations for the same purpose, notwithstanding
section 503 of this Act.
(b) No transfer described in (a) shall occur until 15 days
after the Committees on Appropriations of the Senate and the
House of Representatives are notified of such transfer.
Sec. 554. The administrative law judge annuitants
participating in the Senior Administrative Law Judge Program
managed by the Director of the Office of Personnel Management
under section 3323 of title 5, United States Code, shall be
available on a temporary re-employment basis to conduct
arbitrations of disputes as part of the arbitration panel
established by the President under section 601 of division A
of the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5; 123 Stat. 164).
Sec. 555. For an additional amount for the ``Office of the
Under Secretary for Management'', $270,800,000 to remain
available until expended for necessary expenses to plan,
acquire, construct, renovate, remediate, equip, furnish, and
occupy buildings and facilities to consolidate the Department
of Homeland Security headquarters at St. Elizabeths, and for
associated mission support lease consolidation: Provided,
That the Committees on Appropriations of the Senate and House
of Representatives shall receive an expenditure plan no later
than 60 days after the date of enactment of this Act
detailing the allocation of these funds.
(including transfers of funds)
Sec. 556. For an additional amount for the ``Office of the
Under Secretary for Management'', $10,000,000, to increase
the acquisition workforce capacity and capabilities of the
Department of Homeland Security: Provided, That such funds
may be transferred by the Under Secretary for Management to
any other account in the Department to carry out the purposes
provided herein: Provided further, That such transfer
authority is in addition to any other transfer authority
provided in this Act, but no transfer shall occur until 15
days after the Committees on Appropriations of the Senate and
the House of Representatives are notified of such transfer:
Provided further, That any such notification shall include an
expenditure plan that outlines the amount of funds to be
obligated, the number of personnel to be hired and the
details of any other intended uses of these funds: Provided
further, That such funds shall be available only to
supplement and not to supplant existing acquisition workforce
activities: Provided further, That such funds shall be
available for training, recruitment, retention, and hiring
additional members of the acquisition workforce as defined by
the Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.): Provided further, That such funds shall be
available for information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management.
Sec. 557. Section 559(e) of the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111-83) is
amended--
(1) in the matter preceding the first proviso, by striking
``law, sell'' and inserting ``law, hereafter sell''; and
(2) in the first proviso---
(A) by striking ``shall be deposited'' and inserting
``shall hereafter be deposited''; and
(B) by striking ``subject to appropriation,'' and inserting
``without further appropriations,''.
Sec. 558. (a) Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, a report that either--
[[Page S9111]]
(1) certifies that the requirement for screening all air
cargo on passenger aircraft by the deadline under section
44901(g) of title 49, United States Code, has been met; or
(2) includes a strategy to comply with the requirements
under title 44901(g) of title 49, United States Code,
including--
(A) a plan to meet the requirement under section 44901(g)
of title 49, United States Code, to screen 100 percent of air
cargo transported on passenger aircraft arriving in the
United States in foreign air transportation (as that term is
defined in section 40102 of that title); and
(B) specification of--
(i) the percentage of such air cargo that is being
screened; and
(ii) the schedule for achieving screening of 100 percent of
such air cargo.
(b) The Assistant Secretary shall continue to submit
reports described in subsection (a)(2) every 180 days
thereafter until the Assistant Secretary certifies that the
Transportation Security Administration has achieved screening
of 100 percent of such air cargo.
Sec. 559. In developing any process to screen aviation
passengers and crews for transportation or national security
purposes, the Secretary of Homeland Security shall ensure
that any processes developed take into consideration such
passengers' and crews' privacy and civil liberties consistent
with applicable laws, regulations, and guidance.
Sec. 560. Notwithstanding any other provision of law,
should the Secretary of Homeland Security determine that
specific U.S. Immigration and Customs Enforcement Service
Processing Centers or other U.S. Immigration and Customs
Enforcement owned detention facilities no longer meet the
mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention
facilities by directing the Administrator of General Services
to sell all real and related personal property which support
Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities, subject to
such terms and conditions as necessary to protect Government
interests and meet program requirements: Provided, That the
proceeds, net of the costs of sale incurred by the General
Services Administration and U.S. Immigration and Customs
Enforcement, shall be deposited as offsetting collections
into a separate account that shall be available, subject to
appropriation, until expended for other real property capital
asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and
maintenance costs, as the Secretary deems appropriate:
Provided further, That any sale or collocation of federally
owned detention facilities shall not result in the
maintenance of fewer than 33,400 detention beds: Provided
further, That the Committees on Appropriations of the Senate
and the House of Representatives shall be notified 15 days
prior to the announcement of any proposed sale or
collocation.
Sec. 561. (a) Civil Penalties.--Section 46301(a)(5)(A)(i)
of title 49, United States Code, is amended--
(1) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(2) by inserting ``, or section 46314(a)'' after
``44909)''.
(b) Criminal Penalties.--Section 46314(b) of title 49,
United States Code, is amended to read as follows:
``(b) Criminal Penalty.--A person violating subsection (a)
of this section shall be fined under title 18, imprisoned for
not more than 10 years, or both.''.
(c) Notice of Penalties.--Section 46314 of title 49, United
States Code, is amended by adding at the end the following
new subsection:
``(c) Notice of Penalties.--
``(1) In general.--Each operator of an airport in the
United States that is required to establish an air
transportation security program pursuant to section 44903(c)
shall ensure that signs that meet such requirements as the
Secretary of Homeland Security may prescribe providing notice
of the penalties imposed under sections 46301(a)(5)(A)(i) and
subsection (b) of this section, are displayed near all
screening locations, all locations where passengers exit the
sterile area, and such other locations at the airport as the
Secretary of Homeland Security determines appropriate.
``(2) Effect of signs on penalties.--An individual shall be
subject to the penalty provided for under section
46301(a)(5)(A)(i) and subsection (b) of this section without
regard to whether signs are displayed at an airport as
required by paragraph (1).''.
Sec. 562. Section 301(b) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) United Way Worldwide.''; and
(2) by striking paragraph (5) and inserting the following:
``(5) The Jewish Federations of North America, Inc.''.
Sec. 563. Lot 1 of the Morning Heights Subdivision, Lot 2
and PT ST of the Morning Heights Subdivision, Lot 1 and PT ST
of the Bayless Addition, and Lot 24 of the Bayless Addition
in Findlay, Ohio, shall be available for construction and
operation of portions of a flood control levee if a
feasibility study completed by the Chief of Engineers, of the
civil works program, of the United States Army Corps of
Engineers indicates that such construction is the most
appropriate and cost-effective flood risk management project
for the area: Provided, That those portions of the properties
identified by the Chief of Engineers for construction and
operation of portions of the flood control levee pursuant to
the preceding proviso shall be excepted from section
404(b)(2)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, and those portions of the named
properties that are not used to construct and operate
portions of said flood control levee shall remain deeded as
open space in perpetuity, in accordance with section
404(b)(2)(B).
(including transfers of funds)
Sec. 564. Notwithstanding the 10 percent limitation
contained in section 503(c) of this Act, the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 (note), up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
5 days in advance of such transfer.
(including transfers of funds)
Sec. 565. (a) The Secretary of Homeland Security may
transfer to the Secretary of the Interior amounts available
for environmental mitigation requirements for ``U.S. Customs
and Border Protection--Border Security Fencing,
Infrastructure, and Technology'' for fiscal year 2009 or
thereafter, for use by the Secretary of the Interior under
laws administered by such Secretary to mitigate adverse
environmental impacts, including impact on species listed
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) resulting from construction, operation, and maintenance
activities related to border security.
(b) Uses of funds authorized by this section include
acquisition of land or interests in land that will, in the
judgment of the Secretary of the Interior, mitigate or offset
such adverse impacts.
(c) Any funds transferred under this section shall be used
in accordance with an agreement between the Secretaries.
(d) Not later than September 30, 2011, and on an annual
basis thereafter, the Secretary of the Interior, in
consultation with the Secretary of Homeland Security, shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a report that describes in
detail the actions taken in the preceding year with amounts
transferred under this section.
Sec. 566. (a) Subject to subsection (b), for fiscal year
2011, the Coast Guard may enter into Economy Act Agreements
(31 U.S.C. 1535) with the Secretary of the Navy for the
disposal of Coast Guard vessels pursuant to the authority,
terms and conditions set forth in 10 U.S.C. 7305 and 7305a.
(b) Any agreement entered into under subsection (a) shall
be at no additional cost to the United States Navy.
Sec. 567. For fiscal year 2011 and hereafter, U.S. Customs
and Border Protection's Advanced Training Center is
authorized to charge fees for any service and/or thing of
value it provides to Federal Government or non-government
entities or individuals, so long as the fees charged do not
exceed the full costs associated with the service or thing of
value provided: Provided, That notwithstanding 31 U.S.C.
3302(b), fees collected by the Advanced Training Center are
to be deposited into a separate account entitled the
``Advanced Training Center Revolving Fund'', and be
available, without further appropriations, for necessary
expenses of the Advanced Training Center program, and are to
remain available until expended.
Sec. 568. Notwithstanding any other provision of law,
including any agreement, the Federal share of assistance,
including direct Federal assistance provided under sections
403, 406, and 407 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5140b, 5172, and
5173), for damages resulting from FEMA-1867-DR, FEMA-1873-DR,
FEMA-1889-DR, and FEMA-1897-DR shall not be less than 90
percent of the eligible costs under such sections.
Sec. 569. The Administrator of the Federal Emergency
Management Agency shall consider as non-discretionary the
decision to award grants for the construction and equipping
of any interoperable communications system for which
construction was initiated before June 1, 2009, for which
grant applications were made under section 573 of division E
of the Consolidated Appropriations Act, 2008 (Public Law 110-
161), section 10501 of division B of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations
Act, 2009 (Public Law 110-329), or section 603 of the
Supplemental Appropriations Act, 2009 (Public Law 111-32).
rescissions
Sec. 570. The following unobligated balances made
available pursuant to section 505 of Public Law 111-83 are
rescinded: $886,665 from the ``Office of the Secretary and
Executive Management''; $603,638 from the ``Office of the
Under Secretary for Management''; $24,379 from the ``Office
of the Chief Financial Officer''; $29,736 from the ``Office
of the Chief Information Officer''; $183,762 from ``Analysis
and Operations''; $76,498 from the ``Office of the Federal
Coordinator for Gulf Coast Rebuilding''; $152,735 from the
``Office of Inspector General''; $7,610,588 from U.S. Customs
and Border Protection ``Salaries and Expenses''; $3,443,644
from U.S. Immigration and Customs Enforcement ``Salaries and
Expenses''; $4,542,980 from the Transportation Security
Administration ``Federal Air
[[Page S9112]]
Marshals''; $246,435 from Coast Guard ``Operating Expenses'';
$2,965,312 from Coast Guard ``Reserve Training''; $83,784
from National Protection and Programs Directorate
``Management and Administration''; $551,737 from National
Protection and Programs Directorate ``Infrastructure
Protection and Information Security''; $700,167 from United
States Secret Service ``Salaries and Expenses''; $863,628
from Federal Emergency Management Agency ``Management and
Administration''; $837,953 from ``Office of Health Affairs'';
$32,945,983 from ``United States Citizenship and Immigration
Services''; $927,823 from Federal Law Enforcement Training
Center ``Salaries and Expenses''; $346,637 from Science and
Technology ``Management and Administration''; and $42,257
from Domestic Nuclear Detection Office ``Management and
Administration''.
Sec. 571. Of the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code, that was added
to such title by section 638 of Public Law 102-393,
$22,600,000 are rescinded.
Sec. 572. From the unobligated balances for ``Operations''
of funds transferred to the Department of Homeland Security
when it was created in 2003, $1,891,657 are rescinded.
Sec. 573. From the unobligated balances of prior year
appropriations made available for U.S. Customs and Border
Protection ``Automation Modernization'', $10,000,000 are
rescinded.
Sec. 574. From the unobligated balances of prior year
appropriations made available for U.S. Customs and Border
Protection ``Border Security Fencing, Infrastructure, and
Technology'', $68,000,000 are rescinded.
Sec. 575. Of the unobligated balances available for U.S.
Customs and Border Protection ``Construction'' for
construction projects in prior year appropriations,
$99,772,000 are rescinded: Provided, That amounts rescinded
shall be limited to Border Patrol projects and facilities:
Provided further, That no amounts may be rescinded from
amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 576. From the unobligated balances of funds for the
``Violent Crime Reduction Program'' transferred to the
Department of Homeland Security when it was established in
2003, $4,912,245 are rescinded.
Sec. 577. From the unobligated balances of prior year
appropriations made available for U.S. Customs and Border
Protection, ``Salaries and Expenses'' transferred to the
Department of Homeland Security when it was established in
2003, $18,122,393 are rescinded.
Sec. 578. From the unobligated balances of prior year
appropriations made available for Transportation Security
Administration, $15,000,000 are rescinded: Provided, That the
Transportation Security Administration shall not rescind any
unobligated balances from the following programs: explosives
detection systems; checkpoint support; aviation regulation
and other enforcement; and air cargo.
Sec. 579. From the unobligated balances of prior year
appropriations made available for National Protection and
Programs Directorate ``Infrastructure Protection and
Information Security'' the following amounts are rescinded--
(1) $6,000,000 from Next Generation Networks; and
(2) $9,600,000 to be specified in a report to the
Committees on Appropriations of the Senate and the House of
Representatives which describes the amounts rescinded and the
original purpose of such funds no later than 15 days after
the date of enactment of this Act.
Sec. 580. From the unobligated balances of prior year
appropriations made available for the Federal Emergency
Management Agency ``National Pre-Disaster Mitigation Fund'',
$18,173,641 are rescinded.
Sec. 581. From the unobligated balances of funds for the
``Office for Domestic Preparedness'' transferred to the
Department of Homeland Security when it was established in
2003, $10,568,964 are rescinded.
Sec. 582. From the unobligated balances of prior year
appropriations made available for United States Visitor and
Immigrant Status Indicator Technology, $28,000,000 are
rescinded: Provided, That none of these rescissions may be
taken from the $50,000,000 in unobligated balances of prior-
year appropriations made available for a biometric air exit
capability.
Sec. 583. From unobligated balances of prior year
appropriations made available for United States Citizenship
and Immigration Services for the program commonly known as
the ``REAL ID hub'', $18,500,000 are rescinded.
Sec. 584. From the unobligated balances of prior year
appropriations made available for Science and Technology
``Research, Development, Acquisition, and Operations'',
$62,900,000 are rescinded: Provided, That this rescission
shall not apply to funds made available for Laboratory
Facilities in Public Law 111-83.
Sec. 585. From the unobligated balances of prior year
appropriations made available for Domestic Nuclear Detection
Office ``Research, Development, and Operations'', $27,000,000
are rescinded.
Sec. 586. From the unobligated balances made available for
Coast Guard ``Operating Expenses'' in chapter 6 of title I of
Public Law 111-212, $5,000,000 are rescinded.
Sec. 587. From the unobligated balances made available for
``United States Citizenship and Immigration Services'' in
chapter 6 of title I of Public Law 111-212, $6,500,000 are
rescinded.
Sec. 588. From the unobligated balances made available for
Coast Guard ``Acquisition, Construction, and Improvements''
in chapter 5 of title I of division B of Public Law 110-329,
$7,000,000 are rescinded.
Sec. 589. From the unobligated balances made available for
Transportation Security Administration ``Aviation Security''
in chapter 5 of title III of Public Law 110-28, $18,345,000
are rescinded.
Sec. 590. From the unobligated balances made available for
``Office of the Secretary and Executive Management'' in
chapter 4 of title II of division B of Public Law 109-148,
$196,653 are rescinded.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2011''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$954,633,000, to remain available until expended; of which
$4,000,000 shall be available in fiscal year 2011 subject to
a match by at least an equal amount by the National Fish and
Wildlife Foundation for cost-shared projects supporting
conservation of Bureau lands; and such funds shall be
advanced to the Foundation as a lump sum grant without regard
to when expenses are incurred.
In addition, $45,500,000 is for the processing of
applications for permit to drill and related use
authorizations, to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to
this appropriation that shall be derived from $6,500 per new
application for permit to drill that the Bureau shall collect
upon submission of each new application, and in addition,
$20,000,000 is for conducting oil and gas inspection
activities, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this
appropriation that shall be derived from fees that the Bureau
shall collect to offset inspection costs, as provided for in
this Act, and in addition, $36,696,000 is for Mining Law
Administration program operations, including the cost of
administering the mining claim fee program; to remain
available until expended, to be reduced by amounts collected
by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby
authorized for fiscal year 2011 so as to result in a final
appropriation estimated at not more than $954,633,000, and
$2,000,000, to remain available until expended, from
communication site rental fees established by the Bureau for
the cost of administering communication site activities.
construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $4,066,000, to
remain available until expended.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $36,550,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $111,759,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral
[[Page S9113]]
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That,
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States. For
October 1, 2010 and hereafter, in carrying out work involving
cooperation with any State or political subdivision thereof,
the Bureau may record obligations against accounts receivable
from any such entities. Appropriations for the Bureau shall
be available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501,
the Bureau may, under cooperative cost-sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis. Appropriations herein made shall not be available for
the destruction of healthy, unadopted, wild horses and burros
in the care of the Bureau or its contractors or for the sale
of wild horses and burros that results in their destruction
for processing into commercial products: Provided further,
That the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c) (except that the 5 year term restriction in
subsection (d) shall not apply), for the long-term care and
maintenance of excess wild horses and burros by such
organizations or entities on private land. Such cooperative
agreements and contracts may not exceed 10 years, subject to
renewal at the discretion of the Secretary.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,296,770,000, to remain available until
September 30, 2012 except as otherwise provided herein:
Provided, That not to exceed $21,945,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4
of the Endangered Species Act, as amended, (except for
processing petitions, developing and issuing proposed and
final regulations, and taking any other steps to implement
actions described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)), of which not to exceed $10,548,000 shall be
used for any activity regarding the designation of critical
habitat, pursuant to subsection (a)(3), excluding litigation
support, for species listed pursuant to subsection (a)(1)
prior to October 1, 2010; of which not to exceed $1,500,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act, as amended,
for species that are not indigenous to the United States:
Provided further, That, in fiscal year 2011 and hereafter of
the amount available for law enforcement, up to $400,000, to
remain available until expended, may at the discretion of the
Secretary be used for payment for information, rewards, or
evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary
and to be accounted for solely on the Secretary's
certificate.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $35,676,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $101,925,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which, notwithstanding 16 U.S.C.
460l-9, not more than $5,000,000 shall be for land
conservation partnerships authorized by the Highlands
Conservation Act of 2004, including not to exceed $160,000
for administrative expenses: Provided, That none of the funds
appropriated for specific land acquisition projects may be
used to pay for any administrative overhead, planning or
other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
amended, $85,000,000, to remain available until expended, of
which $35,000,000 is to be derived from the Cooperative
Endangered Species Conservation Fund, of which $4,987,000
shall be for the Idaho Salmon and Clearwater River Basins
Habitat Account pursuant to the Snake River Water Rights Act
of 2004; and of which $50,000,000 is to be derived from the
Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,500,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, as amended (16
U.S.C. 4401-4414), $45,000,000, to remain available until
expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act, as amended, (16 U.S.C. 6101
et seq.), $5,000,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225,
4241-4246, and 1538), the Asian Elephant Conservation Act of
1997 (16 U.S.C. 4261-4266), the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5301-5306), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301-6305), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-6606),
$12,000,000, to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $90,000,000, to remain
available until expended: Provided, That of the amount
provided herein, $7,000,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$5,000,000 is for a competitive grant program for States,
territories, and other jurisdictions with approved plans, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$12,000,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States
[[Page S9114]]
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 50 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2011 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2012, shall be reapportioned, together with funds
appropriated in 2013, in the manner provided herein.
administrative provisions
The Fish and Wildlife Service may carry out the operations
of Service programs by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds
available to the United States Fish and Wildlife Service
shall be available for repair of damage to public roads
within and adjacent to reservation areas caused by operations
of the Service; options for the purchase of land at not to
exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent
with their primary purpose; and the maintenance and
improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including expenses to carry out
programs of the United States Park Police), and for the
general administration of the National Park Service,
$2,298,577,000, of which $9,943,000 for planning and
interagency coordination in support of Everglades restoration
and $98,092,000 for maintenance, repair or rehabilitation
projects for constructed assets, operation of the National
Park Service automated facility management software system,
and comprehensive facility condition assessments shall remain
available until September 30, 2012.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $67,958,000, of which $3,000,000 under section 7301(b)
of the Omnibus Public Land Management Act of 2009 (Public Law
111-11) shall be available for competitive grants for
programs and projects related to the sesquicentennial of the
American Civil War.
historic preservation fund
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $78,000,000, to be derived from the Historic
Preservation Fund and to remain available until September 30,
2012; of which $20,000,000 shall be for Save America's
Treasures grants as authorized by section 7303 of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11).
construction
For construction, improvements, repair or replacement of
physical facilities, including modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $197,105,000, to remain available
until expended: Provided, That for fiscal year 2011, funds
provided in this account shall be available, not to exceed
$4,000,000, for further payments consistent with an agreement
signed by the Secretary of the Interior that supersedes the
agreement of July 30, 1943 (relating to the construction of
the North Shore Road from the eastern boundary of Great Smoky
Mountains National Park), and such payments shall be
considered construction, improvements, repair or replacement
of physical facilities for purposes of this account: Provided
further, That notwithstanding any other provision of law, a
single procurement for phase 1 of the National Mall
improvement project number 151515, may be issued that
includes the full scope of this phase of the project, so long
as the solicitation and contract shall contain the clause
``availability of appropriated funds'' found in CFR section
52.232.18 of title 48: Provided further, That the National
Park Service may acquire through donation, land near Great
Smoky Mountains National Park and adjacent to the Great Smoky
Mountains Heritage Museum, in Townsend, Tennessee for the
purpose of constructing a curatorial storage facility for the
park.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2011 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $143,423,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $50,000,000 is for the State
assistance program and of which $6,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by section 7301 of the Omnibus Public Land Management Act of
2009 (Public Law 111-11): Provided, That notwithstanding
sections 6(b)(3) and 6(c) of the Land and Water Conservation
Fund Act of 1965, as amended, payments to any State through a
competitive demonstration grants program shall not be counted
towards an individual State's total allocation subject to the
10 per centum annual limitation and shall not cover more than
70 per centum of the total cost of the demonstration grant
project.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the
National Park System to extinguish or reduce liability for
Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that
the benefitting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees
at the benefitting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term
of a single contract at the benefitting unit, in the amount
of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,154,179,000, to
remain available until September 30, 2012, of which
$65,598,000 shall be available only for cooperation with
States or municipalities for water resources investigations;
of which $53,500,000 shall remain available until expended
for satellite operations; of which $4,807,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost; and of
which $2,000,000 shall be available to fund the operating
expenses for the Civil Applications Committee: Provided, That
none of the funds provided for the biological research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for reimbursement to the General
[[Page S9115]]
Services Administration for security guard services;
contracting for the furnishing of topographic maps and for
the making of geophysical or other specialized surveys when
it is administratively determined that such procedures are in
the public interest; construction and maintenance of
necessary buildings and appurtenant facilities; acquisition
of lands for gauging stations and observation wells; expenses
of the United States National Committee on Geology; and
payment of compensation and expenses of persons on the rolls
of the Survey duly appointed to represent the United States
in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5,
United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States
Code, relating to tort claims, but shall not be considered to
be Federal employees for any other purposes.
Bureau of Ocean Energy Management, Regulation, and Enforcement
(formerly the minerals management service)
royalty and offshore minerals management
(including transfer of funds)
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
for energy-related or other authorized marine-related
purposes on the Outer Continental Shelf; and for matching
grants or cooperative agreements, $221,113,000, to remain
available until September 30, 2012, of which $113,174,000
shall be available for royalty management activities; and an
amount not to exceed $154,890,000, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, and from cost recovery fees:
Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year
2011, such amounts as are assessed under 31 U.S.C. 9701 shall
be collected and credited to this account and shall be
available until expended for necessary expenses: Provided
further, That to the extent $154,890,000 in addition to
receipts are not realized from the sources of receipts stated
above, the amount needed to reach $154,890,000 shall be
credited to this appropriation from receipts resulting from
rental rates for Outer Continental Shelf leases in effect
before August 5, 1993: Provided further, That for fiscal year
2011 and each fiscal year thereafter, the term ``qualified
Outer Continental Shelf revenues'', as defined in section
102(9)(A) of the Gulf of Mexico Energy Security Act, division
C of Public Law 109-432, shall include only the portion of
rental revenues that would have been collected at the rental
rates in effect before August 5, 1993: Provided further, That
not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding
any other provision of law, $15,000 under this heading shall
be available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Bureau of
Ocean Energy Management, Regulation, and Enforcement
concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments.
For an additional amount, $60,000,000, to remain available
until expended, which shall be derived from nonrefundable
inspection fees collected in fiscal year 2011, as provided in
this Act: Provided, That to the extent that such amounts are
not realized from such fees, the amount needed to reach
$60,000,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: Provided
further, That to implement a reorganization of the Bureau of
Ocean Energy Management, Regulation, and Enforcement the
Secretary may establish accounts, transfer funds among and
between the offices and bureaus affected by the
reorganization, and take any other administrative actions
necessary in conformance with the Appropriations Committees'
reprogramming guidance (as described in House Report 111-316,
the explanatory statement accompanying Public Law 111-88).
oil spill research
(including transfer of funds)
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $11,768,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended: Provided, That to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation, and Enforcement the Secretary may
establish accounts, transfer funds among and between the
offices and bureaus affected by the reorganization, and take
any other administrative actions necessary in conformance
with the Appropriations Committees' reprogramming guidance
(as described in House Report 111-316, the explanatory
statement accompanying Public Law 111-88).
administrative provision
Notwithstanding the provisions of section 35(b) of the
Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the
Secretary shall deduct 2 percent from the amount payable to
each State in fiscal year 2011 and deposit the amount
deducted to miscellaneous receipts of the Treasury.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, $127,185,000, to remain available
until September 30, 2012: Provided, That appropriations for
the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, $34,909,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect
these debts: Provided further, That funds made available
under title IV of Public Law 95-87 may be used for any
required non-Federal share of the cost of projects funded by
the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine
drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities
of the Surface Mining Control and Reclamation Act: Provided
further, That amounts provided under this heading may be used
for the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and tribal regulatory and
reclamation programs.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of 1978
(25 U.S.C. 2001-2019), and the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$2,404,029,000, to remain available until September 30, 2012
except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and representation
expenses; of which not to exceed $74,911,000 shall be for
welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary may exceed such
cap, from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the
disaster; and of which, notwithstanding any other provision
of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$187,526,000 shall be available for payments for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2011, as authorized by
such Act, except that tribes, and tribal organizations, may
use their tribal priority allocations for unmet contract
support costs of ongoing contracts, grants, or compacts, or
annual funding agreements and for unmet welfare assistance
costs; of which not to exceed $590,111,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2011, and shall
remain available until September 30, 2012; Provided further,
That notwithstanding any prohibitions in this Act, the Bureau
shall fund the school operations costs of Jones Academy for
the 2011-2012 school year in Hartshorne, Oklahoma for grades
1-6 as if Jones Academy were in the Bureau school system as
of October 1, 1995 and in determining the academic ISEP
formula pursuant to 25 CFR Part 39 for the 2011-2012 school
year, Jones Academy shall be funded for academic ISEP based
on its average student enrollment for the 2008-2009, 2009-
2010, and 2010-2011 school years, and thereafter based on its
three-year average enrollment determined pursuant to 25 CFR
Part 39; and of which not to exceed $59,630,000 shall remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and the
Navajo-Hopi Settlement
[[Page S9116]]
Program: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian
Self-Determination Act of 1975, as amended, and 25 U.S.C.
2008, not to exceed $46,373,000 within and only from such
amounts made available for school operations shall be
available for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or
during fiscal year 2010 for the operation of Bureau-funded
schools, and up to $500,000 within and only from such amounts
made available for administrative cost grants shall be
available for the transitional costs of initial
administrative cost grants to grantees that assume operation
on or after July 1, 2010, of Bureau-funded schools: Provided
further, That any forestry funds allocated to a tribe which
remain unobligated as of September 30, 2012, may be
transferred during fiscal year 2013 to an Indian forest land
assistance account established for the benefit of the holder
of the funds within the holder's trust fund account: Provided
further, That any such unobligated balances not so
transferred shall expire on September 30, 2013: Provided
further, That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or
other identifying articles of clothing for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $125,723,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2011, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant
schools under Public Law 100-297, as amended, the Secretary
of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs
contained in 43 CFR part 12 as the regulatory requirements:
Provided further, That such grants shall not be subject to
section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering grant
applications, the Secretary shall consider whether such
grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes
and Federal, tribal, or State health and safety standards as
required by 25 U.S.C. 2005(b), with respect to organizational
and financial management capabilities: Provided further, That
if the Secretary declines a grant application, the Secretary
shall follow the requirements contained in 25 U.S.C. 2504(f):
Provided further, That any disputes between the Secretary and
any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2507(e): Provided further,
That in order to ensure timely completion of construction
projects, the Secretary may assume control of a project and
all funds related to the project, if, within 18 months of the
date of enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and
commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 108-447,
109-479, 110-297, and 111-11, and for implementation of other
land and water rights settlements, $46,480,000, to remain
available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$8,158,000, of which $1,572,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974,
as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined 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 guaranteed or insured, not to
exceed $83,740,196.
indian land consolidation
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $1,000,000, to remain available until expended.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan
Guaranty and Insurance Fund Liquidating Account, Indian
Guaranteed Loan Financing Account, Indian Direct Loan
Financing Account, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996.
No funds available to the Bureau shall be used to support
expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the
Interior at each school in the Bureau school system as of
October 1, 1995. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter schools operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Departmental Offices
Office of the Secretary
salaries and expenses
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior, $121,987,000; of which not to exceed $15,000
may be for official reception and representation expenses;
and of which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States
Bureau of Mines; and of which $14,136,000 for consolidated
appraisal services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended:
Provided, That, for each fiscal year through fiscal year
2012, up to $400,000 of the payments authorized by the Act of
October 20, 1976, as amended (31 U.S.C. 6901-6907) may be
retained for administrative expenses of the Payments in Lieu
of Taxes Program: Provided further, That no payment shall be
made pursuant to that Act to otherwise eligible units of
local government if the computed amount of the payment is
less than $100: Provided further, That to implement a
reorganization of the Bureau of Ocean Energy Management,
Regulation, and
[[Page S9117]]
Enforcement the Secretary may establish accounts, transfer
funds among and between the offices and bureaus affected by
the reorganization, and take any other administrative actions
necessary in conformance with the Appropriations Committees'
reprogramming guidance (as described in House Report 111-316,
the explanatory statement accompanying Public Law 111-88).
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$88,507,000, of which: (1) $77,808,000 shall remain available
until expended for territorial assistance, including general
technical assistance, maintenance assistance, disaster
assistance, insular management controls, coral reef
initiative activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $10,699,000
shall be available until September 30, 2012 for salaries and
expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local
governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by
such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further,
That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the
Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That of the amounts
provided for technical assistance, sufficient funds shall be
made available for a grant to the Pacific Basin Development
Council: Provided further, That of the amounts provided for
technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $5,318,000, to remain
available until expended, as provided for in sections
221(a)(2), 221(b), and 233 of the Compact of Free Association
for the Republic of Palau; and section 221(a)(2) of the
Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law
108-188.
administrative provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the
population of the area, credit elsewhere requirements, and
restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$67,894,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$49,560,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $168,115,000, to remain available until expended, of
which not to exceed $31,534,000 from this or any other Act,
shall be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs, ``Operation of Indian Programs''
account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary,
``Salaries and Expenses'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2011, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That, notwithstanding any other provision
of law, the statute of limitations shall not commence to run
on any claim, including any claim in litigation pending on
the date of the enactment of this Act, concerning losses to
or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether
there has been a loss: Provided further, That,
notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 18 months and has a balance of $15.00
or less: Provided further, That the Secretary shall issue an
annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous payments
that are recovered shall be credited to and remain available
in this account for this purpose.
Department-wide Programs
wildland fire management
(including transfers and rescission of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $825,452,000,
to remain available until expended, of which not to exceed
$6,137,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under
this title of this Act, the Secretary of the Interior may
enter into procurement contracts, grants, or cooperative
agreements, for hazardous fuels reduction activities, and for
training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews, Public Lands Corps (Public
Law 109-154), or related partnerships with State, local, or
nonprofit youth groups; (3) small or micro-businesses; or (4)
other entities that will hire or train locally a significant
percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That
in implementing this section, the Secretary shall develop
written guidance to field units to ensure accountability and
consistent application of the authorities provided herein:
Provided further, That funds appropriated under this head may
be used to reimburse the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the
costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act,
in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into noncompetitive
sole-source leases of real property with local governments,
at or below
[[Page S9118]]
fair market value, to construct capitalized improvements for
fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make
advance payments for any such lease or for construction
activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such
transfers would facilitate and expedite jointly funded
wildland fire management programs and projects: Provided
further, That funds provided for wildfire suppression shall
be available for support of Federal emergency response
actions: Provided further, That $145,000,000 in unobligated
fire suppression balances under this heading in Public Law
111-8 and Public Law 111-88 are hereby permanently rescinded.
flame wildfire suppression reserve fund
(including transfer of funds)
For deposit in the FLAME Wildfire Suppression Reserve Fund,
as authorized in the FLAME Act of 2009 (title V of division A
of Public Law 111-88), $96,000,000, to remain available until
expended.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,152,000, to remain available until expended.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public
Law 101-337, as amended (16 U.S.C. 19jj et seq.), $6,434,000,
to remain available until expended.
working capital fund
For the acquisition of a departmental financial and
business management system and information technology
improvements of general benefit to the Department,
$81,619,000, to remain available until expended: Provided,
That hereafter none of the funds in this Act or any other Act
may be used to establish reserves in the Working Capital Fund
account other than for accrued annual leave and depreciation
of equipment without prior approval of the House and Senate
Committees on Appropriations: Provided further, That for
fiscal years 2011 through 2013 the Secretary may assess
reasonable charges to State, local and tribal government
employees for training services provided by the National
Indian Program Training Center, other than training related
to Public Law 93-638: Provided further, That the Secretary
may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian
Program Training Center to State, local and tribal government
employees or persons or organizations engaged in cultural,
educational, or recreational activities (as defined in 40
U.S.C. 3306(a)) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the
National Indian Program Training Center: Provided further,
That for fiscal years 2011 through 2013 all funds received
pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be
used by the Secretary for necessary expenses of the National
Indian Program Training Center: Provided further, That of the
funds made available under this heading, $2,500,000 shall be
used to increase acquisition workforce and capabilities and
to support the implementation of Department-wide strategic
sourcing vehicles for improved effectiveness and efficiency.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire operations'' and
``FLAME Wildfire Suppression Reserve Fund'' shall be
exhausted within 30 days: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; purchase
and replacement of motor vehicles, including specially
equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in
private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of
dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of the Special
Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings
shall be available for expenditure or transfer for Indian
trust management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2011. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
twin cities research center
Sec. 106. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.
payment of fees
Sec. 107. The Secretary of the Interior may use
discretionary funds to pay private attorney fees and costs
for employees and former employees of the Department of the
Interior
[[Page S9119]]
reasonably incurred in connection with Cobell v. Salazar to
the extent that such fees and costs are not paid by the
Department of Justice or by private insurance. In no case
shall the Secretary make payments under this section that
would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the
District of Columbia for counsel in Cobell v. Salazar.
mass marking of salmonids
Sec. 108. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
ellis, governors, and liberty islands
Sec. 109. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
prohibition on use of funds, mojave national preserve
Sec. 110. (a) Any proposed new use of the Arizona &
California Railroad Company's Right of Way for conveyance of
water shall not proceed unless the Secretary of the Interior
certifies that the proposed new use is within the scope of
the Right of Way.
(b) No funds appropriated or otherwise made available to
the Department of the Interior may be used, in relation to
any proposal to store water underground for the purpose of
export, for approval of any right-of-way or similar
authorization on the Mojave National Preserve or lands
managed by the Needles Field Office of the Bureau of Land
Management, or for carrying out any activities associated
with such right-of-way or similar approval.
ice age national scenic trail
Sec. 111. Funds provided in this Act for Federal land
acquisition by the National Park Service for Ice Age National
Scenic Trail may be used for a grant to a State, a local
government, or any other land management entity for the
acquisition of lands without regard to any restriction on the
use of Federal land acquisition funds provided through the
Land and Water Conservation Fund Act of 1965 as amended.
outer continental shelf inspection fees
Sec. 112. (a) In fiscal year 2011, the Bureau of Ocean
Energy Management, Regulation, and Enforcement (BOEMRE) shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Royalty and Offshore Minerals Management''
account, from the designated operator for facilities subject
to inspection by BOEMRE under 43 U.S.C. 1348(c) that are
above the waterline, except mobile offshore drilling units,
and are in place at the start of fiscal year 2011.
(b) Fees for 2011 shall be:
(1) $12,000 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $19,500 for facilities with one to ten wells, with any
combination of active or inactive wells; and
(3) $36,000 for facilities with more than ten wells, with
any combination of active or inactive wells.
(c) BOEMRE will bill designated operators within 60 days of
enactment of this Act, with payment required within 30 days
of billing.
prohibition on use of funds, point reyes national seashore
Sec. 113. None of the funds in this Act may be used to
further reduce the number of Axis or Fallow deer at Point
Reyes National Seashore below the number as of the date of
enactment of this Act.
pearl harbor naval complex, joint ticketing, amendment
Sec. 114. Section 121(b)(1) of Public Law 111-88 is
amended by inserting the word ``hereafter'' between the words
``may'' and ``enter''.
onshore oil and gas inspection fees
Sec. 115. (a) In fiscal year 2011, the Bureau of Land
Management (BLM) shall collect a non-refundable inspection
fee, which shall be deposited in the ``Management of Lands
and Resources'' account, from the designated operator of each
Federal and Indian lease or agreement subject to inspection
by BLM under 30 U.S.C. 1718(b) that is in place at the start
of fiscal year 2011.
(b) Fees for 2011 shall be:
(1) $300 for each lease or agreement with no active or
inactive wells, but with surface use, disturbance or
reclamation;
(2) $600 for each lease or agreement with one to ten wells,
with any combination of active or inactive wells;
(3) $1,500 for each lease or agreement with 11 to 50 wells,
with any combination of active or inactive wells; and
(4) $3,000 for each lease or agreement with more than 50
wells, with any combination of active or inactive wells.
(c) BLM will bill designated operators within 60 days of
enactment of this Act, with payment required within 30 days
of billing.
oil and gas leasing internet program
Sec. 116. Notwithstanding section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary
of the Interior shall have the authority to establish an oil
and gas leasing Internet program, under which the Secretary
may conduct lease sales through methods other than oral
bidding.
indian probate judges
Sec. 117. Section 108 of Public Law 109-54 (the Department
of the Interior, Environment, and Related Agencies
Appropriations Act, 2006) is amended by striking ``for fiscal
years 2006 through 2010, for the purpose of reducing the
backlog of'' and inserting ``for fiscal year 2006 and each
fiscal year thereafter, for the purpose of adjudicating''.
authorized use of indian education funds
Sec. 118. Beginning July 1, 2008, any funds (including
investments and interest earned, except for construction
funds) held by a Public Law 100-297 grant or a Public Law 93-
638 contract school shall, upon retrocession to or re-
assumption by the Bureau of Indian Education, remain
available to BIE for a period of 5 years from the date of
retrocession or re-assumption for the benefit of the programs
approved for the school on October 1, 1995.
bureau of indian affairs operated schools
Sec. 119. (a)(1) Notwithstanding section 586(c) of title
40, United States Code, the Director of the BIE, or the
Director's designee, is authorized to enter into agreements
with public and private persons and entities that provide for
such persons and entities to rent or lease the land or
facilities of a Bureau-operated school for such periods of
time as the school is Bureau operated, in exchange for a
consideration (in the form of funds) that benefits the
school, as determined by the head of the school.
(2) Funds received under paragraph (1) shall be retained by
the school and used for school purposes otherwise authorized
by law. Any funds received under paragraph (1) are hereby
made available until expended for such purposes,
notwithstanding section 3302 of title 31, United States Code.
(3) Nothing in this section shall be construed to allow for
the diminishment of, or otherwise affect, the appropriation
of funds to the budget accounts for the operation and
maintenance of Bureau-operated schools. No funds shall be
withheld from the distribution to the budget of any Bureau-
operated school due to the receipt by the school of a benefit
in accordance with this section.
(b) The Secretary of the Interior shall promulgate
regulations to carry out this section not later than 16
months after the date of the enactment of this Act. Such
regulations shall include--
(1) provisions for the establishment and administration of
mechanisms for the acceptance of consideration for the use
and benefit of a school in accordance with this section
(including, in appropriate cases, the establishment and
administration of trust funds);
(2) accountability standards to ensure ethical conduct; and
(3) provisions for monitoring the amount and terms of
consideration received, the manner in which the consideration
is used, and any results achieved by such use.
(c) Provisions of this section shall apply to fiscal years
2011 through 2013.
termination of hydropower reservations
Sec. 120. In the Bureau of Land Management patent numbered
04-83-0065 (CA 6313) and dated May 13, 1983, the reservation
under section 24 of the Federal Power Act (16 U.S.C. 818)
that is encumbering approximately 103.26 acres of private
land owned by Donald L. Smith within sections 25, 26, 35, and
36, T. 4 S., R. 24 E., Mount Diablo Meridian, Madera County,
California, is terminated; and to the extent that any
reservation of use for hydropower could be deemed to have
been omitted under section 24 of the Federal Power Act (16
U.S.C. 818) from the patent numbered CA 6312 and dated
September 25, 1987 to the approximately 41.323 acres of
private land owned by Lindsay Smith, Peggy L. Birchim, Donald
L. Smith, and Keith Smith and more particularly described as
embracing a portion of Secs. 25 and 36, Unsurveyed T. 4 S., R
24 E., Mount Diablo Meridian, Jackass Mining District, Madera
County, California, such reservation is terminated.
outer continental shelf leasing review period
Sec. 121. Section 11 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1340) is amended in subsection (c)(1) in the
fourth sentence by deleting ``within 30 days of its
submission'' and inserting in lieu thereof ``within 90 days
of its submission''.
protection of public lands, mojave desert
Sec. 122. No funds in this Act shall be used to process or
grant a right of way, lease, or other property interest for
the purpose of commercial energy production on public lands
managed by the Bureau of Land Management previously acquired
at least in part through donations for conservation purposes,
within the boundaries of the area described
[[Page S9120]]
as ``potential conservation lands'' and depicted on the map
entitled ``Mojave Desert Area'' dated November 8, 2010 and on
file at the Bureau of Land Management Director's office.
distribution of geothermal receipts
Sec. 123. Section 3003(a) of Public Law 111-212 (124 Stat.
2338) is amended by striking ``fiscal year 2010 only'' and
inserting ``fiscal year 2010 and 2011''.
bureau of land management, land reconfiguration
Sec. 124. Patent No. 27-2005-0081 and its associated land
reconfiguration issued by the Bureau of Land Management on
February 18, 2005, is hereby affirmed and validated as having
been issued pursuant to and in compliance with the provisions
of the Nevada-Florida Land Exchange Authorization Act of 1988
(Public Law 100-275), the National Environmental Policy Act
of 1969, and the Federal Land Policy Management Act of 1976
for the benefit of the desert tortoise and other species and
their habitat to increase the likelihood of their recovery.
The process utilized by the United States Fish and Wildlife
Service and the Bureau of Land Management in reconfiguring
the lands as shown on Exhibit 1-4 of the Final Environmental
Impact Statement for the Planned Development Project MSHCP,
Lincoln County, NV (FWS-R8-ES-2008-N0136) and the
reconfiguration provided for in Special Condition 10 of Army
Corps of Engineers Permit No. 000005042 are hereby ratified.
native hawaiian recognition study authorization
Sec. 125. The Secretary of the Interior shall, with funds
appropriated for fiscal year 2011, and in coordination with
the State of Hawaii and those offices designated under the
Hawaii State Constitution as representative of the Native
Hawaiian community, including the Office of Hawaiian Affairs
and the Department of Hawaiian Home Lands, and the Attorney
General of the United States, examine and make
recommendations to Congress no later than September 30, 2011,
on developing a mechanism for the reorganization of a Native
Hawaiian governing entity and recognition by the United
States of the Native Hawaiian governing entity as an Indian
tribe within the meaning of Articles I and II of the
Constitution.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended; necessary expenses for personnel and related costs
and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research
and development, $852,197,000, to remain available until
September 30, 2012.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; and not to exceed $9,000 for
official reception and representation expenses,
$2,926,881,000, to remain available until September 30, 2012:
Provided, That of the funds included under this heading, not
less than $454,350,000 shall be for the Geographic Programs
specified in the explanatory statement accompanying this Act.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $45,646,000, to remain available until
September 30, 2012.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$38,001,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including sections 111(c)(3),
(c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) $1,293,060,000,
to remain available until expended, consisting of such sums
as are available in the Trust Fund on September 30, 2010, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,293,060,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA, as amended: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading,
$10,156,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September
30, 2012, and $24,527,000 shall be paid to the ``Science and
Technology'' appropriation to remain available until
September 30, 2012.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, as amended, $113,219,000, to
remain available until expended, of which $78,789,000 shall
be for carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act, as amended; $34,430,000 shall be for carrying
out the other provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code, as
amended: Provided, That the Administrator is authorized to
use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to
provide financial assistance to federally recognized Indian
tribes for the development and implementation of programs to
manage underground storage tanks.
Oil Spill Response
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,468,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,768,929,000, to remain
available until expended, of which $1,898,000,000 shall be
for making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''); of which
$1,206,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act, as amended: Provided, That
for fiscal year 2011, to the extent there are sufficient
eligible project applications, not less than 20 percent of
the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and
not less than 20 percent of the funds made available under
this title to each State for Drinking Water State Revolving
Fund capitalization grants shall be used by the State for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities; $17,000,000 shall be for architectural,
engineering, planning, design, construction and related
activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission; $13,000,000 shall be for
grants to the State of Alaska to address drinking water and
wastewater infrastructure needs of rural and Alaska Native
Villages: Provided further, That, of these funds: (1) the
State of Alaska shall provide a match of 25 percent; (2) no
more than 5 percent of the funds may be used for
administrative and overhead expenses; and (3) the State of
Alaska shall make awards consistent with the State-wide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
$145,056,000 shall be for making special project grants and
technical corrections to prior-year grants for the
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance
with the terms and conditions specified for such grants in
the explanatory statement accompanying this Act, and, for
purposes of these grants, each grantee shall contribute not
less than 45 percent of the cost of the project unless the
grantee is approved for a waiver by the Agency; $128,254,000
shall be to carry out section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including grants, interagency
agreements, and associated program support costs; $60,000,000
shall be for grants under title VII, subtitle G of the Energy
Policy Act of 2005, as amended; $15,000,000 shall be for
emission reduction grants in accordance with the terms and
conditions of the explanatory statement accompanying this
Act; and $1,286,619,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which $49,495,000 shall be for carrying out
section 128 of CERCLA, as amended, $10,200,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs, $10,000,000 shall be for
[[Page S9121]]
competitive grants to communities to develop plans and
demonstrate and implement projects which reduce greenhouse
gas emissions, $30,000,000 shall be for grants to federally
recognized Indian tribes for implementation of environmental
programs and projects as defined by the Administrator that
complement existing tribal environmental program grants,
including interagency agreements, $23,500,000 of the funds
available for grants under section 106 of the Act shall be
for State participation in national- and State-level
statistical surveys of water resources and enhancements to
State monitoring programs, and, in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act, as amended, $2,550,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, as amended: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a
State water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal
year 2011 and prior years where such amounts represent costs
of administering the fund to the extent that such amounts are
or were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2011, and
notwithstanding section 518(f) of the Act, the Administrator
is authorized to use the amounts appropriated for any fiscal
year under section 319 of that Act to make grants to
federally recognized Indian tribes pursuant to sections
319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2011, notwithstanding the limitation on amounts
in section 518(c) of the Federal Water Pollution Control Act
and section 1452(i) of the Safe Drinking Water Act, up to a
total of 2 percent of the funds appropriated for State
Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2011, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act may be reserved by the
Administrator for grants made under title II of the Clean
Water Act for American Samoa, Guam, the Commonwealth of the
Northern Marianas, and United States Virgin Islands: Provided
further, That for fiscal year 2011, notwithstanding the
limitations on amounts specified in section 1452(j) of the
Safe Drinking Water Act, up to 1.5 percent of the funds
appropriated for the Drinking Water State Revolving Fund
programs under the Safe Drinking Water Act may be reserved by
the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That not less
than 30 percent of the funds made available under this title
to each State for Clean Water State Revolving Fund
capitalization grants and not less than 30 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act,
except that for the Clean Water State Revolving Fund
capitalization grant appropriation this section shall only
apply to the portion that exceeds $1,000,000,000: Provided
further, That no funds provided by this appropriations Act to
address the water, wastewater and other critical
infrastructure needs of the colonias in the United States
along the United States-Mexico border shall be made available
to a county or municipal government unless that government
has established an enforceable local ordinance, or other
zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure: Provided further, That for fiscal year 2011
and hereafter, the Administrator may transfer funds provided
for tribal set-asides through Clean Water State Revolving
Funds and Drinking Water State Revolving Funds accounts
between those accounts in the same manner as provided to
States under section 302(a) of Public Law 104-182, as
amended.
Administrative Provisions, Environmental Protection Agency
(including transfer and rescission of funds)
For fiscal year 2011, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 110-94, the Pesticide Registration Improvement
Renewal Act.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
From unobligated balances to carry out projects and
activities funded through the ``State and Tribal Assistance
Grants'' account, $10,000,000 are permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
For fiscal year 2011, the requirements of section 513 of
the Federal Water Pollution Control Act (33 U.S.C. 1372)
shall apply to the construction of treatment works carried
out in whole or in part with assistance made available by a
State water pollution control revolving fund as authorized by
title VI of that Act (33 U.S.C. 1381 et seq.), or with
assistance made available under section 205(m) of that Act
(33 U.S.C. 1285(m)), or both.
For fiscal year 2011, the requirements of section 1450(e)
of the Safe Drinking Water Act (42 U.S.C. 300j-9(e)) shall
apply to any construction project carried out in whole or in
part with assistance made available by a drinking water
treatment revolving loan fund as authorized by section 1452
of that Act (42 U.S.C. 300j-12).
Under terms established by the Administrator, and in
addition to funds otherwise available in other appropriations
accounts for grant programs, the Agency may expend up to
$2,448,000 appropriated in the ``Environmental Programs and
Management'' account for competitive grants to communities to
implement Community Action for a Renewed Environment
projects.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $314,254,000, to remain available until
expended: Provided, That of the funds provided, $66,939,000
is for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $323,142,000, to
remain available until expended, as authorized by law; of
which $87,285,000 is to be derived from the Land and Water
Conservation Fund; and of which $2,000,000 may be made
available to the Pest and Disease Revolving Loan Fund
established by section 10205(b) of the Food, Conservation,
and Energy Act of 2008 (16 U.S.C. 2104a(b)).
national forest system
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,618,743,000, to
remain available until expended, which shall include 50
percent of all moneys received during prior fiscal years as
fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act
(16 U.S.C. 460l-6a(i)): Provided, That, of the funds
provided, $40,000,000 shall be deposited in the Collaborative
Forest Landscape Restoration Fund for ecological restoration
treatments as authorized by 16 U.S.C. 7303(f).
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $544,547,000, to remain available until
expended, for construction, capital improvement, maintenance
and acquisition of buildings and other
[[Page S9122]]
facilities and infrastructure; and for construction, capital
improvement, decommissioning, and maintenance of forest roads
and trails by the Forest Service as authorized by 16 U.S.C.
532-538 and 23 U.S.C. 101 and 205: Provided, That $90,000,000
shall be designated for the Legacy Road and Trail Remediation
Program as described under Administrative Provisions, Forest
Service: Provided further, That no funds shall be expended to
decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning
project: Provided further, That the decommissioning of
unauthorized roads not part of the official transportation
system shall be expedited in response to threats to public
safety, water quality, or natural resources: Provided
further, That funds becoming available in fiscal year 2011
under the Act of March 4, 1913 (16 U.S.C. 501) shall be
transferred to the General Fund of the Treasury and shall not
be available for transfer or obligation for any other purpose
unless the funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
Forest Service, $73,489,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,050,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended (16 U.S.C.
460l-516-617a, 555a; Public Law 96-586; Public Law 76-589,
76-591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, as amended, to
remain available until expended, of which not to exceed 6
percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $50,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $2,606,000, to remain available until
expended.
wildland fire management
(including transfers and rescission of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuels reduction on
or adjacent to such lands, and for emergency rehabilitation
of burned-over National Forest System lands and water,
$2,127,922,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be
available to reimburse State and other cooperating entities
for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law,
$9,009,000 of funds appropriated under this appropriation
shall be available for the Forest Service in support of fire
science research authorized by the Joint Fire Science
Program, including all Forest Service authorities for the use
of funds, such as contracts, grants, research joint venture
agreements, and cooperative agreements: Provided further,
That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available
to execute the Forest and Rangeland Research appropriation,
are also available in the utilization of these funds for Fire
Science Research: Provided further, That funds provided shall
be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland
interface, support to Federal emergency response, and
wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $369,447,000 is
for hazardous fuels reduction activities, $11,000,000 is for
rehabilitation and restoration, $24,060,000 is for research
activities and to make competitive research grants pursuant
to the Forest and Rangeland Renewable Resources Research Act,
as amended (16 U.S.C. 1641 et seq.), $70,000,000 is for State
fire assistance, $9,000,000 is for volunteer fire assistance,
$20,752,000 is for forest health activities on Federal lands
and $11,428,000 is for forest health activities on State and
private lands: Provided further, That amounts in this
paragraph may be transferred to the ``State and Private
Forestry'', ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund State fire assistance,
volunteer fire assistance, forest health management, forest
and rangeland research, the Joint Fire Science Program,
vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That up to $10,000,000 of the
funds provided under this heading for hazardous fuels
treatments may be transferred to and made a part of the
``National Forest System'' account to facilitate integrated
projects 30 days after notifying the House and the Senate
Committees on Appropriations: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared,
as mutually agreed on by the affected parties: Provided
further, That up to $15,000,000 of the funds provided herein
may be used by the Secretary of Agriculture to enter into
procurement contracts or cooperative agreements or to issue
grants for hazardous fuels reduction and for training or
monitoring associated with such hazardous fuels reduction
activities on Federal land or on non-Federal land if the
Secretary determines such activities implement a community
wildfire protection plan (or equivalent) and benefit
resources on Federal land: Provided further, That funds made
available to implement the Community Forest Restoration Act,
Public Law 106-393, title VI, shall be available for use on
non-Federal lands in accordance with authorities made
available to the Forest Service under the ``State and Private
Forestry'' appropriation: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture
may authorize the transfer of funds appropriated for wildland
fire management, in an aggregate amount not to exceed
$50,000,000, between the Departments when such transfers
would facilitate and expedite jointly funded wildland fire
management programs and projects: Provided further, That of
the funds provided for hazardous fuels reduction, not to
exceed $5,000,000 may be used to make grants, using any
authorities available to the Forest Service under the ``State
and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from
National Forest System lands; not to exceed $5,000,000 may be
transferred to the ``State and Private Forestry'' account as
authorized under Public Law 110-246, section 9013, to fund
the Community Wood Energy Program; and not to exceed
$5,000,000 may be transferred to the ``Forest and Rangeland
Research'' account as authorized under Public Law 110-246,
section 9012, to fund the Forest Biomass for Energy Program:
Provided further, That funds designated for wildfire
suppression, including funds transferred from the FLAME
Wildfire Suppression Reserve Fund, shall be assessed for cost
pools on the same basis as such assessments are calculated
against other agency programs: Provided further, That
$155,000,000 in unobligated fire suppression balances under
this heading from Public Law 111-88 are hereby permanently
rescinded.
Flame Wildfire Suppression Reserve Fund
(including transfers of funds)
For deposit in the FLAME Wildfire Suppression Reserve Fund,
as authorized in the FLAME Act of 2009 (title V of division A
of Public Law 111-88), $291,000,000, to remain available
until expended.
administrative provisions, forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft from
excess sources to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price
for the replacement aircraft; (2) services pursuant to 7
U.S.C. 2225, and not to exceed $100,000 for employment under
5 U.S.C. 3109; (3) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5
U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
[[Page S9123]]
Any appropriations or funds available to the Forest Service
may be transferred to the ``Wildland Fire Management''
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions five days after the Secretary notifies the
House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the headings ``Wildland
Fire Management'' and ``FLAME Wildfire Suppression Reserve
Fund'' shall be fully obligated within 30 days: Provided,
That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States
and international organizations. The Forest Service, acting
for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-107 (7 U.S.C.
8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the explanatory
statement accompanying this Act.
Not more than $1,057,000,000 of funds made available to the
Forest Service shall be assessed for cost pools 1 through 5.
Not more than $75,310,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $16,726,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center.
Funds available to the Forest Service shall be available
for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the
Public Lands Corps Act of 1993, Public Law 103-82, as amended
by the Public Lands Corps Healthy Forests Restoration Act of
2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, $3,000,000
may be advanced in a lump sum to the National Forest
Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $50,000 shall be
available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match,
on at least a one-for-one basis, funds made available by the
Forest Service: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds: Provided
further, That authorized investments of Federal funds held by
the Foundation may be made only in interest-bearing
obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$3,000,000 of the funds available to the Forest Service shall
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
During fiscal year 2011 and subsequent fiscal years, the
Secretary of Agriculture, acting through the Forest Service,
may carry out a program, to be known as the ``Legacy Road and
Trail Remediation program'', to conduct urgently needed
decommissioning of Forest Service roads, forest road and
trail repair and maintenance and associated activities, and
removal of fish passage barriers on National Forest System
lands, especially in areas where Forest Service roads may be
contributing to water quality problems in streams and water
bodies supporting threatened, endangered or sensitive species
or community water sources.
In such amounts as may be provided in appropriation Acts,
the Secretary of Agriculture, acting through the Forest
Service, may provide for the decommissioning of Forest
Service roads, including unauthorized roads not part of the
Forest Service transportation system, which the Secretary
determines are no longer needed.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$55,000,000, shall be assessed for the purpose of performing
fire, administrative and other facilities maintenance and
decommissioning. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support
services.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $3,961,187,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
and 238b for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That $862,765,000 for contract
medical care, including $53,000,000 for the Indian
Catastrophic Health Emergency Fund, shall remain available
until expended: Provided further, That of the funding
provided for information technology activities and,
notwithstanding any other provision of law, $4,000,000 shall
be allocated at the discretion of the Director of the Indian
Health Service: Provided further, That of the funds provided,
up to $36,000,000 shall remain available until expended for
implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health
Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be
deposited to the Fund authorized by section 108A of the Act
(25 U.S.C. 1616a-1) and shall remain available until expended
and, notwithstanding section 108A(c) of the Act (25 U.S.C.
1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a):
Provided further, That $16,391,000 is provided for the
methamphetamine and suicide prevention and treatment
initiative and $10,000,000 is provided for the domestic
violence prevention initiative and, notwithstanding any other
provision of law, the amounts available under this proviso
shall be allocated at the discretion of the Director
[[Page S9124]]
of the Indian Health Service and shall remain available until
expended: Provided further, That $4,000,000 is provided for a
substance abuse treatment grant program and, notwithstanding
any other provision of law, the amounts available under this
proviso shall be allocated at the discretion of the Director
of the Indian Health Service and shall remain available until
September 30, 2012: Provided further, That funds provided in
this Act may be used for annual contracts and grants that
fall within 2 fiscal years, provided the total obligation is
recorded in the year the funds are appropriated: Provided
further, That the amounts collected by the Secretary of
Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act, except for those related
to the planning, design, or construction of new facilities:
Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That, notwithstanding any
other provision of law, of the amounts provided herein, not
to exceed $444,332,000 shall be for payments to tribes and
tribal organizations for contract or grant support costs
associated with contracts, grants, self-governance compacts,
or annual funding agreements between the Indian Health
Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to
or during fiscal year 2011, of which not to exceed
$10,000,000 may be used for contract support costs associated
with new or expanded self-determination contracts, grants,
self-governance compacts, or annual funding agreements:
Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service, tribes and tribal
organizations operating health facilities pursuant to Public
Law 93-638, such individually identifiable health information
relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals
with Disabilities Education Act (20 U.S.C. 1400, et seq.):
Provided further, That the Indian Health Care Improvement
Fund may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $445,242,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That
not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account shall be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 shall be placed in a
Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions, indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary; uniforms or allowances therefor as authorized by 5
U.S.C. 5901-5902; and for expenses of attendance at meetings
that relate to the functions or activities of the Indian
Health Service.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation.
None of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or
charges by the Department of Health and Human Services unless
identified in the budget justification and provided in this
Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included
in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities on a reimbursable basis, including payments in
advance with subsequent adjustment. The reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
from which the funds were originally derived, with such
amounts to remain available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance.
The appropriation structure for the Indian Health Service
may not be altered without advance notification to the House
and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended, and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $81,763,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended; section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as
amended; and section 3019 of the Solid Waste Disposal Act, as
amended, $76,337,000, of which up to $1,000 per eligible
employee of the Agency for Toxic Substances and Disease
Registry shall remain available until expended for Individual
Learning Accounts: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(I)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section
[[Page S9125]]
104(I) of CERCLA during fiscal year 2011, and existing
profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $3,448,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, and for
services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $13,147,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more
than three career Senior Executive Service positions:
Provided further, That notwithstanding any other provision of
law, the individual appointed to the position of Inspector
General of the Environmental Protection Agency (EPA) shall,
by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$8,000,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$8,750,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$660,850,000, to remain available until September 30, 2012,
except as otherwise provided herein; of which not to exceed
$20,556,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, the National Museum
of African American History and Culture, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$136,750,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5
U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $116,324,000,
of which not to exceed $3,445,000 for the special exhibition
program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $48,221,000, to remain available
until expended: Provided, That of this amount, $42,250,000
shall be available for repair of the National Gallery's East
Building facade: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John f. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $23,500,000: Provided, That the proviso under this
heading in division A of Public Law 111-88 is amended by
striking ``until expended'' and all that follows and
inserting ``until September 30, 2011.''.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $13,920,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $12,225,000, to remain available
until September 30, 2012.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$170,000,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts, including arts education and public outreach
activities, through assistance to organizations and
individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
appropriated herein shall be expended in accordance with
sections 309 and 311 of Public Law 108-447, as amended by
Public Law 110-161.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$170,000,000, to remain available until expended, of which
$154,600,000 shall be available for support of activities in
the humanities, pursuant to section 7(c) of the Act and for
administering the functions of the Act; and $15,400,000 shall
be available to carry out the matching grants program
pursuant to section 10(a)(2) of the Act including $10,175,000
for the purposes of section 7(h): Provided, That
appropriations for carrying out section 10(a)(2) shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current
[[Page S9126]]
and preceding fiscal years for which equal amounts have not
previously been appropriated.
administrative provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants of up to $10,000, if in the aggregate this
amount does not exceed 5 percent of the sums appropriated for
grant-making purposes per year: Provided further, That such
small grant actions are taken pursuant to the terms of an
expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $2,349,000:
Provided, That the Commission is authorized to charge fees to
cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study or education.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), as amended, $12,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,908,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $9,100,000, of which
$300,000 shall be used for coordination of a regional
innovation cluster initiative for the National Capital
region: Provided, That one-quarter of 1 percent of the funds
provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$50,521,000, of which $515,000 for the Museum's equipment
replacement program, $1,900,000 for the Museum's repair and
rehabilitation program, and $1,243,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $21,600,000
shall be available to the Presidio Trust, to remain available
until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
limitation on consulting services
Sec. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
restriction on use of funds
Sec. 402. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 403. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
prohibition on use of funds for personal services
Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
disclosure of administrative expenses
Sec. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and
subactivities to support government-wide, departmental,
agency or bureau administrative functions or headquarters,
regional or central operations shall be presented in annual
budget justifications and subject to approval by the
Committees on Appropriations. Changes to such estimates shall
be presented to the Committees on Appropriations for
approval.
giant sequoia
Sec. 406. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 2010.
transfer of funds authority
Sec. 407. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer provided in, this Act or any other Act.
mining applications
Sec. 408. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for
the claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2011, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.
contract support costs
Sec. 409. Notwithstanding any other provision of law,
amounts appropriated to or otherwise designated in committee
reports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103-138, 103-332, 104-134, 104-
208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-
108, 108-447, 109-54, 109-289, division B and Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public
Laws 110-92, 110-116, 110-137, 110-149, 110-161, 110-329,
111-6, 111-8 and 111-88 for payments for contract support
costs associated with self-determination or self-governance
contracts, grants, compacts, or annual funding agreements
with the Bureau of Indian Affairs or the Indian Health
Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 2010 for such
purposes, except that the Bureau of Indian Affairs, tribes
and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing
contracts, grants, self-governance compacts, or annual
funding agreements.
forest management plans
Sec. 410. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 411. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
[[Page S9127]]
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
international firefighter cooperative agreements
Sec. 412. In entering into agreements with foreign fire
organizations pursuant to the Temporary Emergency Wildfire
Suppression Act (42 U.S.C. 1856m-1856o), the Secretary of
Agriculture and the Secretary of the Interior are authorized
to enter into reciprocal agreements in which the individuals
furnished under said agreements to provide wildfire services
are considered, for purposes of tort liability, employees of
the fire organization receiving said services when the
individuals are engaged in fire suppression or
presuppression: Provided, That the Secretary of Agriculture
or the Secretary of the Interior shall not enter into any
agreement under this provision unless the foreign fire
organization agrees to assume any and all liability for the
acts or omissions of American firefighters engaged in fire
suppression or presuppression in a foreign country: Provided
further, That when an agreement is reached for furnishing
fire suppression or presuppression services, the only
remedies for acts or omissions committed while engaged in
fire suppression or presuppression shall be those provided
under the laws applicable to the fire organization receiving
the fire suppression or presuppression services, and those
remedies shall be the exclusive remedies for any claim
arising out of fire suppression or presuppression activities
in a foreign country: Provided further, That neither the
sending country nor any legal organization associated with
the firefighter shall be subject to any legal action,
consistent with the applicable laws governing sovereign
immunity, pertaining to or arising out of the firefighter's
role in fire suppression or presuppression, except that if
the foreign fire organization is unable to provide immunity
under laws applicable to it, it shall assume any and all
liability for the United States or for any legal organization
associated with the American firefighter, and for any and all
costs incurred or assessed, including legal fees, for any act
or omission pertaining to or arising out of the firefighter's
role in fire suppression or presuppression.
contracting authorities
Sec. 413. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of
Agriculture and the Secretary of the Interior (the
``Secretaries'') may, in evaluating bids and proposals, give
consideration to local contractors who are from, and who
provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have
been affected by reduced timber harvesting on Federal lands
and other forest-dependent rural communities isolated from
significant alternative employment opportunities: Provided,
That notwithstanding Federal Government procurement and
contracting laws the Secretaries may award contracts, grants
or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local
or non-profit youth groups, or small or micro-business or
disadvantaged business: Provided further, That the contract,
grant, or cooperative agreement is for forest hazardous fuels
reduction, watershed or water quality monitoring or
restoration, wildlife or fish population monitoring, road
decommissioning, trail maintenance or improvement, or habitat
restoration or management: Provided further, That the terms
``rural community'' and ``economically disadvantaged'' shall
have the same meanings as in section 2374 of Public Law 101-
624: Provided further, That the Secretaries shall develop
guidance to implement this section: Provided further, That
nothing in this section shall be construed as relieving the
Secretaries of any duty under applicable procurement laws,
except as provided in this section.
limitation on takings
Sec. 414. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National
Park Protection and Expansion Act of 1989, or to funds
appropriated for Federal assistance to the State of Florida
to acquire lands for Everglades restoration purposes.
hunters point environmental cleanup
Sec. 415. In addition to the amounts otherwise provided to
the Environmental Protection Agency in this Act, $8,000,000,
to remain available until expended, is provided to EPA to be
transferred to the Department of the Navy for clean-up
activities at the Treasure Island Naval Station--Hunters
Point Annex.
timber sale requirements
Sec. 416. The Forest Service shall use the residual value
approach to appraising all timber sales in Alaska's Region 10
that contain a component of Western red cedar and shall only
offer sales that contain a component of Western red cedar
that are not deficit. Western red cedar shall be appraised
using lower 48 State domestic values if the timber might be
eligible for shipment to the lower 48 States. All of the
Western red cedar timber from those sales which is surplus to
the needs of domestic processors in Alaska shall be made
available to domestic processors in the contiguous 48 United
States at prevailing domestic prices in the contiguous 48
United States. Western red cedar shall be deemed ``surplus to
the needs of domestic processors in Alaska'' if the Forest
Service determines it is surplus or if the timber sale holder
has presented to the Forest Service documentation that the
Forest Service determines is valid of the inability to sell
Western red cedar logs from a given sale to domestic Alaska
processors at a price equal to or greater than the log
selling value stated in the contract. All additional Western
red cedar volume not sold to Alaska or to contiguous 48
United States domestic processors may be exported to foreign
markets if the Forest Service determines it is surplus to the
needs of the 50 States. All Alaska yellow cedar may be sold
at prevailing export prices if the Forest Service determines
it is surplus to the needs of the 50 States.
cabin user fees
Sec. 417. Notwithstanding any other provision of law, none
of the funds made available by this or any other Act may be
used by the Secretary of Agriculture to increase a recreation
residence user fee for calendar year 2011 by more than 25
percent of the recreation residence user fee applicable to
the recreation residence for calendar year 2010.
report on use of climate change funds
Sec. 418. Not later than 120 days after the date on which
the President's fiscal year 2012 budget request is submitted
to Congress, the President shall submit a comprehensive
report to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate describing in detail all Federal agency funding,
domestic and international, for climate change programs,
projects and activities in fiscal year 2010 and fiscal year
2011, including an accounting of funding by agency with each
agency identifying climate change programs, projects and
activities and associated costs by line item as presented in
the President's Budget Appendix, and including citations and
linkages where practicable to each strategic plan that is
driving funding within each climate change program, project
and activity listed in the report.
national capital arts and cultural affairs authorization
Sec. 419. The item relating to ``National Capital Arts and
Cultural Affairs'' in the Department of the Interior and
Related Agencies Appropriations Act, 1986, as enacted into
law by section 101(d) of Public Law 99-190 and as amended by
section 418 of the Department of the Interior, Environment
and Related Agencies Appropriations Act, 2010 (20 U.S.C.
956a), is amended in the second sentence of the first
paragraph by striking ``$10,000,000'' and inserting
``$12,000,000''.
prohibition on no-bid contracts
Sec. 420. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of the
Federal Property and Administrative Service Act of 1949 (41
U.S.C. 253) or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulations, unless:
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq., as amended) or by any other
Federal laws that specifically authorize a contract within an
Indian tribe as defined in section 4(e) of that Act (25
U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 421. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
san francisco bay restoration grant program
Sec. 422. Title I of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) is amended by adding at the end
the following:
``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Annual priority list.--The term `annual priority
list' means the annual priority list compiled under
subsection (b).
``(2) Comprehensive plan.--The term `comprehensive plan'
means--
[[Page S9128]]
``(A) the comprehensive conservation and management plan
approved under section 320 for the San Francisco Bay estuary;
and
``(B) any amendments to that plan.
``(3) Estuary partnership.--The term `Estuary Partnership'
means the San Francisco Estuary Partnership, the entity that
is designated as the management conference under section 320.
``(b) Annual Priority List.--
``(1) In general.--After providing public notice, the
Administrator shall annually compile a priority list
identifying and prioritizing the activities, projects, and
studies intended to be funded with the amounts made available
under subsection (c).
``(2) Inclusions.--The annual priority list compiled under
paragraph (1) shall include--
``(A) activities, projects, or studies, including
restoration projects and habitat improvement for fish,
waterfowl, and wildlife, that advance the goals and
objectives of the approved comprehensive plan;
``(B) information on the activities, projects, programs, or
studies specified under subparagraph (A), including a
description of--
``(i) the identities of the financial assistance
recipients; and
``(ii) the communities to be served; and
``(C) the criteria and methods established by the
Administrator for selection of activities, projects, and
studies.
``(3) Consultation.--In developing the priority list under
paragraph (1), the Administrator shall consult with and
consider the recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected local
governments in the San Francisco Bay estuary watershed; and
``(C) any other relevant stakeholder involved with the
protection and restoration of the San Francisco Bay estuary
that the Administrator determines to be appropriate.
``(c) Grant Program.--
``(1) In general.--Pursuant to section 320, the
Administrator may provide funding through cooperative
agreements, grants, or other means to State and local
agencies, and public or nonprofit agencies, institutions, and
organizations, including the Estuary Partnership, for
activities, studies, or projects identified on the annual
priority list.
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Funding provided to any
individual or entity under this section for a fiscal year
shall not exceed an amount equal to 75 percent of the total
cost of eligible activities that are to be carried out using
such funds.
``(B) Non-federal share.--The non-Federal share of the
total cost of any eligible activities that are carried out
using funds provided under this section shall be--
``(i) not less than 25 percent; and
``(ii) provided from non-Federal sources.
``(d) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator to carry
out this section $35,000,000 for each of fiscal years 2011
through 2020.
``(2) Administrative expenses.--Of the amount made
available to carry out this section for a fiscal year, the
Administrator shall use not more than 5 percent to pay
administrative expenses incurred in carrying out this
section.
``(3) Relationship to other funding.--Nothing in this
section shall limit the eligibility of the Estuary
Partnership to receive funding under section 320(g).
``(4) Prohibition.--No funding made available under
subsection (c) may be used for the administration of a
management conference under section 320.''.
extension of grazing permits
Sec. 423. The terms and conditions of section 325 of
Public Law 108-108, regarding grazing permits at the
Department of the Interior and the Forest Service shall
remain in effect for fiscal year 2011.
control of border
Sec. 424. None of the funds made available by this Act may
be used to impede, prohibit, or restrict activities of the
Secretary of Homeland Security on public lands to achieve
operational control (as defined in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367))
over the international land and maritime borders of the
United States with respect to section 102(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1103 note).
incorporation of congressionally requested projects
Sec. 425. Within the amounts appropriated in this Act,
funding shall be allocated in the amounts specified for those
projects and purposes delineated in the table titled
``Incorporation of Congressionally Requested Projects''
included in the explanatory statement accompanying this Act:
Provided, That subject to the approval of the House and
Senate Committees on Appropriations funds appropriated in
this Act for land acquisition, construction, and capital
improvement and maintenance may be reallocated among projects
funded by the same appropriation account: Provided further,
That funds appropriated in this Act under the heading
``National Park Service--Historic Preservation Fund'' for
Save America's Treasures grants may be reallocated to be used
for competitive grants under the Save America's Treasures
program if such reallocation has been approved by the House
and Senate Committees on Appropriations: Provided further,
That subject to the approval of the House and Senate
Committees on Appropriations the Bureau of Land Management,
Fish and Wildlife Service, National Park Service, and Forest
Service may allocate either greater or lesser amounts than
those specified under the heading ``Congressionally Directed
Spending'' accompanying Public Law 111-8 and in the table
entitled ``Incorporation of Congressionally Requested
Projects'' in the joint explanatory statement of managers
accompanying Public Law 111-88 within the construction, land
acquisition, or capital improvement and maintenance accounts
when necessary to complete projects based on the original
project scope or to utilize excess funds available after
completion of a project on other projects within the same
account.
rescission of prior-year balances, department of the interior
Sec. 426. Of the funds made available to the Department of
the Interior for emergency wildland fire suppression under
the headings ``Bureau of Land Management--Wildland Fire
Management'' in chapter 6 of title I of division B of Public
Law 110-329 and ``Department-Wide Programs--Wildland Fire
Management'' in title VII of Public Law 111-32, $160,000,000
are rescinded.
rescission of prior-year balances, forest service
Sec. 427. Of the funds made available to the Forest
Service for emergency wildland fire suppression under the
headings ``Forest Service--Wildland Fire Management'' in
chapter 6 of title I of division B of Public Law 110-329 and
title VII of Public Law 111-32, $140,000,000 are rescinded.
TITLE V--SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA
SECTION 501. SHORT TITLE.
This Act may be cited as the ``Sacramento-San Joaquin Delta
National Heritage Area Establishment Act''.
SEC. 502. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE
AREA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Sacramento-San Joaquin Delta Heritage Area established by
this section.
(2) Heritage area management plan.--The term ``Heritage
Area management plan'' means the plan developed and adopted
by the management entity under this section.
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by subsection (b)(4).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Sacramento-San Joaquin Delta Heritage Area.--
(1) Establishment.--There is established the ``Sacramento-
San Joaquin Delta Heritage Area'' in the State of California.
(2) Boundaries.--The boundaries of the Heritage Area shall
be in the counties of Contra Costa, Sacramento, San Joaquin,
Solano, and Yolo in the State of California, as generally
depicted on the map entitled ``Sacramento-San Joaquin Delta
National Heritage Area Proposed Boundary'', numbered T27/
105,030, and dated September 2010.
(3) Availability of map.--The map described in paragraph
(2) shall be on file and available for public inspection in
the appropriate offices of the National Park Service and the
Delta Protection Commission.
(4) Management entity.--The management entity for the
Heritage Area shall be the Delta Protection Commission
established by section 29735 of the California Public
Resources Code.
(5) Administration; management plan.--
(A) Administration.--For purposes of carrying out the
Heritage Area management plan, the Secretary, acting through
the management entity, may use amounts made available under
this section in accordance with section 8001(c) of the
Omnibus Public Land Management Act of 2009 (Public Law 111-
11; 123 Stat. 991).
(B) Management plan.--
(i) In general.--Subject to clause (ii), the management
entity shall submit to the Secretary for approval a proposed
management plan for the Heritage Area in accordance with
section 8001(d) of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 991) that--
(I) incorporates an integrated and cooperative approach to
agricultural resources and activities, flood protection
facilities, and other public infrastructure; and
(II) emphasizes the importance of those resources.
(ii) Restrictions.--The Heritage Area management plan
submitted under this paragraph shall--
(I) ensure participation by appropriate Federal, State,
tribal, and local agencies, including the Delta Stewardship
Council, special districts, natural and historical resource
protection and agricultural organizations, educational
institutions, businesses, recreational organizations,
community residents, and private property owners; and
(II) not be approved until the Secretary has received
certification from the Delta Protection Commission that the
Delta Stewardship Council has reviewed the Heritage Area
management plan for consistency with the plan adopted by the
Delta Stewardship Council pursuant to State law.
[[Page S9129]]
(6) Relationship to other federal agencies; private
property.--
(A) Relationship to other federal agencies.--The provisions
of section 8001(e) of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 991) shall apply to the
Heritage Area.
(B) Private property.--
(i) In general.--Subject to clause (ii), the provisions of
section 8001(f) of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 991) shall apply to the
Heritage Area.
(ii) Opt out.--An owner of private property within the
Heritage Area may opt out of participating in any plan,
project, program, or activity carried out within the Heritage
Area under this section, if the property owner provides
written notice to the management entity.
(7) Evaluation; report.--The provisions of section 8001(g)
of the Omnibus Public Land Management Act of 2009 (Public Law
111-11; 123 Stat. 991) shall apply to the Heritage Area.
(8) Effect of designation.--Nothing in this section--
(A) precludes the management entity from using Federal
funds made available under other laws for the purposes for
which those funds were authorized; or
(B) affects any water rights or contracts.
(9) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(B) Cost-sharing requirement.--The Federal share of the
total cost of any activity under this section shall be
determined by the Secretary, but shall be not more than 50
percent.
(C) Non-federal share.--The non-Federal share of the total
cost of any activity under this section may be in the form of
in-kind contributions of goods or services.
(10) Termination of authority.--
(A) In general.--If a proposed management plan has not been
submitted to the Secretary by the date that is 5 years after
the date of enactment of this title, the Heritage Area
designation shall be rescinded.
(B) Funding authority.--The authority of the Secretary to
provide assistance under this section terminates on the date
that is 15 years after the date of enactment of this Act.
TITLE VI--NATIONAL WOMEN'S HISTORY MUSEUM ACT OF 2009
SEC. 601. SHORT TITLE.
This Act may be cited as the ``National Women's History
Museum Act of 2009''.
SEC. 602. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(3) Committees.--The term ``Committees'' means the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate.
(4) Museum.--The term ``Museum'' means the National Women's
History Museum, Inc., a District of Columbia nonprofit
corporation exempt from taxation pursuant to section
501(c)(3) of the Internal Revenue Code of 1986.
(5) Property.--The term ``Property'' means the property
located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of
Squares 325 and 326. The Property is generally bounded by
12th Street, Independence Avenue, C Street, and the James
Forrestal Building, all in Southwest Washington, District of
Columbia, and shall include all associated air rights,
improvements thereon, and appurtenances thereto.
SEC. 603. CONVEYANCE OF PROPERTY.
(a) Authority To Convey.--
(1) In general.--Subject to the requirements of this Act,
the Administrator shall convey the Property to the Museum, on
such terms and conditions as the Administrator considers
reasonable and appropriate to protect the interests of the
United States and further the purposes of this Act.
(2) Agreement.--As soon as practicable, but not later than
180 days after the date of enactment of this Act, the
Administrator shall enter into an agreement with the Museum
for the conveyance.
(3) Terms and conditions.--The terms and conditions of the
agreement shall address, among other things, mitigation of
developmental impacts to existing Federal buildings and
structures, security concerns, and operational protocols for
development and use of the property.
(b) Purchase Price.--
(1) In general.--The purchase price for the Property shall
be its fair market value based on its highest and best use as
determined by an independent appraisal commissioned by the
Administrator and paid for by the Museum.
(2) Selection of appraiser.--The appraisal shall be
performed by an appraiser mutually acceptable to the
Administrator and the Museum.
(3) Terms and conditions for appraisal.--
(A) In general.--Except as provided by subparagraph (B),
the assumptions, scope of work, and other terms and
conditions related to the appraisal assignment shall be
mutually acceptable to the Administrator and the Museum.
(B) Required terms.--The appraisal shall assume that the
Property does not contain hazardous substances (as defined in
section 101 of CERCLA (42 U.S.C. 9601)) which require
response action (as defined in such section).
(c) Application of Proceeds.--The purchase price shall be
paid into the Federal Buildings Fund established under
section 592 of title 40, United States Code. Upon deposit,
the Administrator may expend, in amounts specified in
appropriations Acts, the proceeds from the conveyance for any
lawful purpose consistent with existing authorities granted
to the Administrator.
(d) Quit Claim Deed.--The Property shall be conveyed
pursuant to a quit claim deed.
(e) Use Restriction.--The Property shall be dedicated for
use as a site for a national women's history museum for the
99-year period beginning on the date of conveyance to the
Museum.
(f) Funding Restriction.--No Federal funds shall be made
available to the Museum for the purchase or clean-up of the
Property or the design and construction of any facility
thereon.
(g) Reversion.--
(1) Bases for reversion.--The Property shall revert to the
United States, at the option of the United States, without
any obligation for repayment by the United States of any
amount of the purchase price for the property, if--
(A) the Property is not used as a site for a national
women's history museum at any time during the 99-year period
referred to in subsection (e); or
(B) the Museum has not commenced construction of a museum
facility on the Property in the 5-year period beginning on
the date of enactment of this Act, other than for reasons
beyond the control of the Museum as reasonably determined by
the Administrator.
(2) Enforcement.--The Administrator may perform any acts
necessary to enforce the reversionary rights provided in this
section.
(3) Custody of property upon reversion.--If the Property
reverts to the United States pursuant to this section, such
property shall be under the custody and control of the
Administrator.
(h) Closing.--The conveyance pursuant to this Act shall
occur not later than 3 years after the date of enactment of
this Act. The Administrator may extend that period for such
time as is reasonably necessary for the Museum to perform its
obligations under section 604(a).
SEC. 604. ENVIRONMENTAL MATTERS.
(a) Authorization To Contract for Environmental Response
Actions.--The Administrator is authorized to contract with
the Museum or an affiliate thereof for the performance (on
behalf of the Administrator) of response actions on the
Property.
(b) Crediting of Response Costs.--Any costs incurred by the
Museum or an affiliate thereof pursuant to subsection (a)
shall be credited to the purchase price for the Property.
(c) No Effect on Compliance With Environmental Laws.--
Nothing in this Act, or any amendment made by this Act,
affects or limits the application of or obligation to comply
with any environmental law, including section 120(h) of
CERCLA (42 U.S.C. 9620(h)).
SEC. 605. INCIDENTAL COSTS.
Subject to section 604, the Museum shall bear any and all
costs associated with complying with the provisions of this
Act, including studies and reports, surveys, relocating
tenants, and mitigating impacts to existing Federal buildings
and structures resulting directly from the development of the
property by the Museum.
SEC. 606. LAND USE APPROVALS.
(a) Existing Authorities.--Nothing in this Act shall be
construed as limiting or affecting the authority or
responsibilities of the National Capital Planning Commission
or the Commission of Fine Arts.
(b) Cooperation.--
(1) Zoning and land use.--Subject to paragraph (2), the
Administrator shall reasonably cooperate with the Museum with
respect to any zoning or other land use matter relating to
development of the Property in accordance with this Act. Such
cooperation shall include consenting to applications by the
Museum for applicable zoning and permitting with respect to
the property.
(2) Limitations.--The Administrator shall not be required
to incur any costs with respect to cooperation under this
subsection and any consent provided under this subsection
shall be premised on the property being developed and
operated in accordance with this Act.
SEC. 607. REPORTS.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter until the end of the 5-year
period following conveyance of the Property or until
substantial completion of the museum facility (whichever is
later), the Museum shall submit annual reports to the
Administrator and the Committees detailing the development
and construction activities of the Museum with respect to
this Act.
TITLE VII--MONTANA FORESTS
Subtitle A--Montana Forest Jobs and Restoration Initiative
SEC. 701. PURPOSE.
The purpose of this subtitle is to establish an
initiative--
(1) to preserve and create local jobs in rural communities
that are located in or near National Forest System land;
[[Page S9130]]
(2) to create an immediate, predictable, and increased flow
of wood fiber with commercial value to support and maintain
locally-based infrastructure and economies that are necessary
for the appropriate management and restoration of National
Forest System land;
(3) to promote cooperation and collaboration in the
management of National Forest System land;
(4) to restore and improve the ecological structure,
composition, and function and the natural processes of
priority watersheds within the National Forest System;
(5) to carry out collaborative projects to reduce the risk
of disturbances from fire, insects, and disease to
communities, watersheds, and natural resources through a
collaborative process of planning, prioritizing, and
implementing ecological restoration and hazardous fuel
reduction projects; and
(6) to collect information from the projects carried out
under this subtitle in an effort to better understand the
manner in which to improve forest restoration and management
activities.
SEC. 702. DEFINITIONS.
In this subtitle:
(1) Authorized forest and watershed restoration project.--
The term ``authorized forest and watershed restoration
project'' means a collection of activities within a watershed
area that are carried out--
(A) on eligible land; and
(B) to achieve the purposes of this subtitle.
(2) Decommission.--The term ``decommission'' means--
(A) to reestablish vegetation on a road or trail; and
(B) to restore any natural drainage, watershed function, or
other ecological processes that are disrupted or adversely
impacted by the road or trail by removing or hydrologically
disconnecting the road prism.
(3) Eligible land.--The term ``eligible land'' means--
(A) land within the approximately 1,900,000 acres of land
in the Beaverhead-Deerlodge National Forest designated as
``Suitable for Timber Production'' and ``Timber Harvest Is
Allowed'' as generally depicted on the map entitled
``Beaverhead-Deerlodge National Forest, Revised Forest Plan,
Modeled Timber Harvest Classification'' and dated December
10, 2008; and
(B)(i) land within the Three Rivers Ranger District of the
Kootenai National Forest; and
(ii) any land within the adjacent ranger districts of the
Kootenai National Forest that is necessary to achieve the
requirements of section 703(b).
(4) INFISH.--The term ``INFISH'' means the land and
resource management plan amendments made before the date of
enactment of this Act arising from the document--
(A) entitled ``Inland Native Fish Strategy'';
(B) published by the Department of Agriculture; and
(C) dated July 28, 1995.
(5) Initiative.--The term ``Initiative'' means the Montana
Forest Jobs and Restoration Pilot Initiative established by
section 703(a).
(6) Mechanical treatment.--
(A) In general.--The term ``mechanical treatment'' means an
activity that uses a tool to remove fiber that has commercial
value to local markets in the vicinity of the area treated.
(B) Inclusions.--The term ``mechanical treatment'' includes
leaving fiber on the forest floor after treatment with a
tool, if an option for removal of the fiber is provided.
(C) Exclusions.--The term ``mechanical treatment'' excludes
prescribed burning.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(8) Stewardship contract.--The term ``stewardship
contract'' means a contract authorized under section 347 of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law
105-277) to carry out land management goals that meet local
and rural community needs through a source that is selected
on a best-value basis.
(9) Watershed area.--The term ``watershed area'' means 1 or
more subwatersheds (also known as 6th code hydrologic units).
SEC. 703. MONTANA FOREST JOBS AND RESTORATION PILOT
INITIATIVE.
(a) Establishment.--There is established the Montana Forest
Jobs and Restoration Pilot Initiative under which the
Secretary shall implement authorized forest and watershed
restoration projects and other land management projects on
eligible land to achieve--
(1) the performance requirements under subsection (b); and
(2) the purposes of this subtitle.
(b) Performance Requirements.--Subject to subsection (g),
on the eligible land, the Secretary shall place under
contract for the mechanical treatment of vegetation--
(1) on the Beaverhead-Deerlodge National Forest, a minimum
of 5,000 acres annually until the date on which a total of
70,000 acres in the National Forest have been placed under
contract.; and
(2) on the Kootenai National Forest--
(A) 2,000 acres during the first year after the date of
enactment of this Act;
(B) 2,500 acres during the second year after the date of
enactment of this Act; and
(C) 3,000 acres during each subsequent year until the date
on which a total of 30,000 acres in the National Forest have
been placed under contract.
(c) Collaboration.--
(1) In general.--For each National Forest within the
Initiative, the Secretary shall identify 1 or more
collaborative groups or resource advisory committees that
support the achievement of the purposes of this subtitle.
(2) Composition.--A collaborative group or resource
advisory committee identified under paragraph (1) shall
include multiple interested persons representing diverse
interests in forest and watershed management.
(3) Consultation.--The Secretary shall consult with a
collaborative group or resource advisory committee identified
under paragraph (1) in the development and implementation of
each authorized forest and watershed restoration project
carried out under the Initiative.
(4) Expansion.--The Secretary shall seek to expand the
public participation and diversity of interests involved in
the implementation of the Initiative in each National Forest
participating in the Initiative.
(d) Administrative Review.--
(1) In general.--The administrative review provisions of
section 105 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6515) shall apply to any administrative review of
authorized forest and watershed restoration projects carried
out under this subtitle.
(2) Proposed decision.--The Secretary shall provide notice
of, and distribute, a proposed administrative decision with
the environmental assessment or final environmental impact
statement for any project subject to review under paragraph
(1).
(3) Independent mediator.--If 1 or more of the parties to a
special administrative review process under paragraph (1)
requests a mediator to help facilitate the process, an
independent mediator may be used for the administrative
review process.
(e) Judicial Review.--Any judicial proceeding arising from
an authorized forest and watershed restoration project shall
be conducted in accordance with section 106 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6516).
(f) Reports.--
(1) Annual summary.--The Secretary shall provide to the
appropriate committees of Congress an annual summary of the
progress of the Initiative toward accomplishing the purposes
of this subtitle, including the performance requirements
established under subsection (b).
(2) Progress report.--
(A) In general.--Not later than 5 years after the date of
enactment of this Act and every 5 years thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that assesses the progress of the
Initiative toward accomplishing the purposes of this
subtitle.
(B) Inclusions.--The report under subparagraph (A) shall
include an analysis, with respect to the Initiative, of--
(i) fire and fuel dynamics, including changes in--
(I) condition and class; and
(II) fuel levels and distribution;
(ii) biodiversity, including the selection of plant,
terrestrial animals, and aquatic organisms;
(iii) soil and water, including soil movement, water
quality, stream flows, and soil productivity;
(iv) economic effects, including job creation, labor
income, and energy; and
(v) social implications, including land management
practices, aesthetics, and attitudes towards land use.
(C) Data analysis.--In preparing the report under this
paragraph, the Secretary may consult with regional
institutions of higher education and institutions with the
capacity to coordinate, analyze, and archive the data
collected as a result of monitoring under the Initiative.
(g) Effect on Other Funds.--Amounts expended under the
Initiative shall not reduce the allocations of appropriated
funds to the Secretary for use in other regions of the Forest
Service or other States.
(h) Expansion of Initiative.--
(1) In general.--The Secretary may elect to include the
Seeley Ranger District of the Lolo National Forest in the
Initiative, if--
(A) the Seeley Ranger District no longer receives funding
under section 4003(b)(1)(B) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(b)(1)(B)); and
(B) a local collaborative group for the District requests
inclusion in the Initiative.
(2) Requirements.--On the election by the Secretary to
include the Seeley Ranger District in the Initiative, the
requirements of the Initiative under this subtitle shall
apply to the District.
(i) Termination Date.--
(1) In general.--The Initiative shall terminate on the
later of--
(A) the date that is 15 years after the date of enactment
of this Act; or
(B) the date on which the Secretary determines that the
performance requirements under subsection (b) have been
achieved.
(2) Effect.--Nothing in this subsection affects a valid
contract in effect on the termination date under paragraph
(1).
SEC. 704. AUTHORIZED FOREST AND WATERSHED RESTORATION
PROJECTS.
(a) Implementation.--
(1) In general.--The Secretary shall annually implement 1
or more authorized forest and watershed restoration projects
on the eligible land.
[[Page S9131]]
(2) Landscape-scale projects.--The Secretary shall
implement in 1 or more watershed areas authorized forest and
watershed restoration projects that provide landscape-scale
work with the goal of minimizing entries into the watershed.
(3) Stewardship contracts.--
(A) In general.--To the maximum extent practicable, the
Secretary shall enter into stewardship contracts or
agreements to carry out authorized forest and watershed
restoration projects.
(B) Stewardship contract priorities.--In developing a
stewardship contract under subparagraph (A), the Secretary
shall, after consultation with the relevant collaborative
groups or resource advisory committees identified under
section 703(c)(1), prioritize areas consistent with the
priorities described in paragraph (4).
(4) Priority.--Consistent with the purposes of this
subtitle, the Secretary shall give priority to carrying out
authorized forest and watershed restoration projects in
areas--
(A) in which the road density exceeds 1.5 miles per square
mile;
(B) in the wildland-urban interface (as defined in section
101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511)) that are at risk of wildfire that threatens public
infrastructure or private property;
(C) in which fish and wildlife habitat connectivity is
compromised as a result of past management practices; and
(D) that contain forests that are at risk from insect
epidemics or high-severity wildfires.
(5) Environmental review.--An environmental review of
authorized forest and watershed restoration projects shall be
carried out in accordance with section 104 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6515), except
that--
(A) the review shall also address--
(i) the activities necessary to meet the purposes and
requirements of this subtitle; and
(ii) the site-specific impacts of an authorized forest and
watershed restoration project;
(B) on signing of a record of decision or finding of no
significant impact for the authorized forest and watershed
restoration project, the Secretary shall implement the
authorized forest and watershed restoration project; and
(C) if the Secretary or a court determines that additional
review is warranted due to significant new circumstances
after implementation of an authorized forest and watershed
restoration project has begun, the additional analysis shall
not interrupt the implementation of the activities that are
not subject to the additional review, in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(b) Project Requirements.--
(1) Riparian habitat protection.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary shall comply with INFISH in carrying out each
authorized forest and watershed restoration project.
(B) Modifications.--The Secretary may modify INFISH if the
Secretary determines, after taking into consideration the
best available science, that the modifications would meet or
exceed the intent and goals of INFISH.
(2) Roads.--In carrying out any authorized forest and
watershed restoration project under this subtitle, the
Secretary shall--
(A) not construct any permanent road, unless--
(i) the Secretary determines that the road is a justifiable
realignment of a permanent road to restore or improve the
ecological structure, composition, and function and the
natural processes of the affected forest or watershed; and
(ii) the replaced road bed is decommissioned by removing
the road prism; and
(B) decommission any temporary road constructed to carry
out the land management project by the conclusion of the
contract.
(3) Road density.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary, at the conclusion of an authorized forest and
watershed restoration project, shall achieve a road density
maximum of 1.5 linear miles per square mile, averaged over
the watershed area.
(B) Exceptions.--Notwithstanding subparagraph (A), the
maximum road density provided in an applicable land
management plan shall apply if--
(i) the applicable land management plan requires a road
density maximum that is less than that required under
subparagraph (A); or
(ii) the authorized forest and watershed restoration
project is carried out in an area governed by an interagency
grizzly bear conservation plan.
(C) Method.--The road density established under
subparagraph (A) may be accomplished through a combination of
decommissioning and year-round permanent closure, except that
the Secretary shall prioritize for decommissioning any roads
adversely affecting water quality or fish habitat.
(4) Vegetation management.--The Secretary shall design
authorized forest and watershed restoration projects to
produce commercial and noncommercial wood products,
consistent with the purposes of this subtitle.
SEC. 705. MISCELLANEOUS.
(a) In General.--Except as otherwise provided in this
subtitle, the Secretary shall administer the National Forests
subject to the Initiative in accordance with applicable law.
(b) Agency Participation.--The Secretary may, in accordance
with applicable law, permit the Seeley Lake District Ranger
of the Lolo National Forest and the Lincoln District Ranger
of the Helena National Forest to serve in the official
capacities of the districts on the Board of Directors of the
Blackfoot Challenge.
(c) Biomass.--To help improve forest restoration activities
by using and creating markets for small-diameter material and
low-valued trees removed from forest restoration activities
in the State, the Secretary may provide grants through the
Woody Biomass Utilization Grant Program or any other biomass
program in accordance with applicable law.
Subtitle B--Designation of Wilderness and Special Management Areas in
Montana
SEC. 711. PURPOSES.
The purposes of this subtitle are--
(1) to protect and enhance motorized recreational
opportunities in the Beaverhead-Deerlodge National Forest,
the Lolo National Forest, and the Kootenai National Forest;
and
(2) to protect and enhance the wild heritage and
backcountry traditions of the State through--
(A) the addition of certain land to the National Wilderness
Preservation System; and
(B) the management of other land in a manner that preserves
existing primitive and semi-primitive recreational
activities.
SEC. 712. DEFINITIONS.
In this subtitle:
(1) Beaverhead-deerlodge national forest.--The term
``Beaverhead-Deerlodge National Forest'' means the National
Forest that is--
(A) comprised of--
(i) the Beaverhead National Forest; and
(ii) the Deerlodge National Forest; and
(B) managed by the Secretary concerned as a single
administrative unit.
(2) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared in accordance with section
6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, acting through the Chief
of the Forest Service, with respect to National Forest System
land; and
(B) the Secretary of the Interior, with respect to land
managed by the Bureau of Land Management (including land held
for the benefit of an Indian tribe).
(4) State.--The term ``State'' means the State of Montana.
SEC. 713. DESIGNATION OF WILDERNESS AREAS.
(a) Land Administered by the Forest Service.--In
furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Anaconda pintlar wilderness additions.--Certain land in
the Beaverhead-Deerlodge National Forest, comprising
approximately 65,407 acres, as generally depicted on the map
entitled ``Anaconda-Pintlar Wilderness Additions'' and dated
September 13, 2010, is incorporated in, and shall be
considered to be a part of, the Anaconda-Pintlar Wilderness.
(2) Bob marshall wilderness additions.--Certain land in the
Lolo National Forest, comprising approximately 40,072 acres
generally depicted as the ``North Fork Blackfoot-Monture
Creek Wilderness Addition (Bob Marshall Addition)'' and
approximately 7,792 acres generally depicted as the ``Grizzly
Basin of the Swan Range Wilderness Addition'' on the map
entitled ``Bob Marshall, Mission Mountains and Scapegoat
Wilderness Additions and Otatsy Recreation Management Area''
and dated September 13, 2010, is incorporated in, and shall
be considered to be a part of, the Bob Marshall Wilderness
designated by Public Law 92-395 (86 Stat. 578).
(3) Dolus lakes wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 9,407 acres, as generally depicted on the map
entitled ``Dolus Lakes Wilderness'' and dated September 13,
2010, which shall be known as the ``Dolus Lakes Wilderness''.
(4) East pioneers wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 77,438 acres, as generally depicted on the map
entitled ``East Pioneers Wilderness'' and dated September 13,
2010, which shall be known as the ``East Pioneers
Wilderness''.
(5) Electric peak wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 5,670 acres, as generally depicted on the map
entitled ``Electric Peak Wilderness and Thunderbolt Creek
Recreation Management Area'' and dated September 13, 2010,
which shall be known as the ``Electric Peak Wilderness''.
(6) Highlands wilderness.--Certain land in the Beaverhead-
Deerlodge National Forest, comprising approximately 15,659
acres, as generally depicted on the map entitled ``Highlands
Wilderness Area and Special Management Area'' and dated
September 13, 2010, which shall be known as the ``Highlands
Wilderness''.
(7) Italian peaks wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 29,677 acres, as generally depicted on the map
entitled ``Italian Peaks Wilderness'' and dated
[[Page S9132]]
September 13, 2010, which shall be known as the ``Italian
Peaks Wilderness''.
(8) Lee metcalf wilderness additions.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 17,201 acres, as generally depicted on the map
entitled ``Lee Metcalf Wilderness Additions'' and dated
September 13, 2010, is incorporated in, and shall be
considered to be a part of, the Lee Metcalf Wilderness.
(9) Lima peaks wilderness.--Certain land in the Beaverhead-
Deerlodge National Forest, comprising approximately 35,012
acres, as generally depicted on the map entitled ``Lima Peaks
Wilderness'' and dated September 13, 2010, which shall be
known as the ``Lima Peaks Wilderness''.
(10) Mission mountains wilderness addition.--Certain land
in the Lolo National Forest, which comprises approximately
4,460 acres, as generally depicted as the ``West Fork
Clearwater Wilderness Addition'' on the map entitled ``Bob
Marshall, Mission Mountains and Scapegoat Wilderness
Additions and Otatsy Recreation Management Area'' and dated
September 13, 2010, is incorporated in, and shall be
considered to be a part of, the Mission Mountains Wilderness
designated by Public Law 93-632 (88 Stat. 2153).
(11) Mount jefferson wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 4,465 acres, as generally depicted on the map
entitled ``Mount Jefferson Wilderness'' and dated September
13, 2010, which shall be known as the ``Mount Jefferson
Wilderness''.
(12) Quigg peak wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 8,275 acres, as generally depicted on the map
entitled ``Quigg Peak Wilderness'' and dated September 13,
2010, which shall be known as the ``Quigg Peak Wilderness''.
(13) Roderick wilderness.--Certain land in the Kootenai
National Forest, which comprises approximately 29,467 acres,
as generally depicted as the ``Roderick Wilderness Area'' on
the map entitled ``Roderick Wilderness and Special Management
Area and Three Rivers Special Management Area'' and dated
September 13, 2010, which shall be known as the ``Roderick
Wilderness''.
(14) Sapphires wilderness.--Certain land in the Beaverhead-
Deerlodge National Forest, comprising approximately 43,101
acres, as generally depicted on the map entitled ``Sapphires
Wilderness'' and dated September 13, 2010, which shall be
known as the ``Sapphires Wilderness''.
(15) Scapegoat wilderness additions.--Certain land in the
Lolo National Forest, which comprises approximately 30,967
acres, as generally depicted as the ``North Fork Blackfoot-
Monture Creek Wilderness Addition (Scapegoat Addition)'' on
the map entitled ``Bob Marshall, Mission Mountains and
Scapegoat Wilderness Additions and Otatsy Recreation
Management Area'' and dated September 13, 2010, is
incorporated in, and shall be considered to be a part of, the
Bob Marshall Wilderness designated by Public Law 92-395 (86
Stat. 578).
(16) Snowcrest wilderness.--Certain land in the Beaverhead-
Deerlodge National Forest, comprising approximately 91,561
acres, as generally depicted on the map entitled ``Snowcrest
Wilderness'' and dated September 13, 2010, which shall be
known as the ``Snowcrest Wilderness''.
(17) Stony mountain wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 14,213 acres, as generally depicted on the map
entitled ``Stony Mountain Wilderness'' and dated September
13, 2010, which shall be known as the ``Stony Mountain
Wilderness''.
(18) West big hole wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 44,156 acres, as generally depicted on the map
entitled ``West Big Hole Wilderness and Recreation Management
Area'' and dated September 13, 2010, which shall be known as
the ``West Big Hole Wilderness''.
(19) West pioneers wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 26,560 acres, as generally depicted on the map
entitled ``West Pioneers Wilderness and Recreation Management
Area'' and dated September 13, 2010, which shall be known as
the ``West Pioneers Wilderness''.
(b) Land Administered by the Bureau of Land Management.--In
furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Blacktail mountains wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 10,675 acres, as generally depicted on the map
entitled ``Blacktail Mountains Wilderness'' and dated July
27, 2010, which shall be known as the ``Blacktail Mountains
Wilderness''.
(2) Centennial mountains wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 23,700 acres, as generally depicted on the map
entitled ``Centennial Mountains Wilderness'' and dated July
27, 2010, which shall be known as the ``Centennial Mountains
Wilderness''.
(3) Ruby mountains wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 16,300 acres, as generally depicted on the map
entitled ``Ruby Mountains Wilderness'' and dated July 27,
2010, which shall be known as the ``Ruby Mountains
Wilderness''.
(4) East fork blacktail wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 6,125 acres, as generally depicted on the map
entitled ``East Fork Blacktail Wilderness'' and dated July
27, 2010, which shall be known as the ``East Fork Blacktail
Wilderness''.
(5) Humbug spires wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 8,900 acres, as generally depicted on the map
entitled ``Humbug Spires Wilderness'' and dated July 27,
2010, which shall be known as the ``Humbug Spires
Wilderness''.
(c) Transfer of Administrative Jurisdiction.--
Administrative jurisdiction over certain public land
administered by the Bureau of Land Management, comprising
approximately 663 acres, as generally known as ``Farlin Creek
Administrative Transfer'' depicted on the map entitled ``East
Pioneers Wilderness'' and dated September 13, 2010, is
transferred to the Secretary of Agriculture, and is
incorporated in, and shall be considered to be a part of, the
East Pioneers Wilderness designated by subsection (a)(3).
SEC. 714. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, each
area designated as wilderness by section 713 shall be
administered by the Secretary concerned in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) with respect to public land administered by the Bureau
of Land Management, any reference in that Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall file a
map and a legal description of each wilderness area and
potential wilderness area designated by this section, with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary
concerned may correct typographical errors in the maps and
legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and the Bureau of Land Management.
(c) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area designated by
section 713 that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(d) Withdrawal.--Subject to valid existing rights, the
Federal land designated as wilderness by section 713 is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(e) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
within the wilderness areas designated by section 713, the
Secretary concerned may take such measures as are necessary
to control fire, insects, and diseases, subject to such terms
and conditions as the Secretary concerned determines to be
appropriate.
(f) Access to Private Property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
concerned shall provide any owner of private property within
the boundary of a wilderness area designated by section 713
adequate access to the property.
(g) Fish and Wildlife.--
(1) In general.--Nothing in this subtitle affects the
jurisdiction or responsibilities of the State with respect to
fish and wildlife, including the regulation of hunting,
fishing, and trapping.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary concerned may carry out management
activities to maintain or restore fish and wildlife
populations (including activities to maintain and restore
fish and wildlife habitats to support the populations) in a
wilderness area designated by section 713 if the activities
are--
(A) consistent with applicable wilderness management plans;
and
(B) carried out in accordance with applicable guidelines
and policies.
(h) Snow Sensors and Stream Gauges.--Nothing in this
subtitle prevents the installation or maintenance of
hydrological, meteorological, or climatological
instrumentation in a wilderness area designated by section
713 if the Secretary concerned determines that the
installation or maintenance
[[Page S9133]]
of the instrumentation is necessary to further the
scientific, educational, or conservation purposes of the
wilderness area.
(i) Livestock.--Within the wilderness areas, the grazing of
livestock in which grazing is established before the date of
enactment of this Act shall be allowed to continue, subject
to such reasonable regulations, policies, and practices as
the Secretary concerned determines to be necessary, in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1131(d)(4));
(2) with respect to wilderness areas administered by the
Secretary of Agriculture, the guidelines described in House
Report 96-617 of the 96th Congress; and
(3) with respect to wilderness areas administered by the
Secretary of the Interior, the guidelines described in
Appendix A of House Report 101-405 of the 101st Congress.
(j) Outfitting and Guide Activities.--
(1) In general.--In accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services
(including authorized outfitting and guide activities) within
the wilderness areas designated by section 713 are authorized
to the extent necessary for activities that are proper for
realizing the recreational or other wilderness purposes of
the wilderness areas.
(2) Effect.--Nothing in this subtitle requires the
Secretary concerned to modify permits in effect as of the
date of enactment of this Act to provide outfitting and guide
services within the areas designated as wilderness by section
713, if the Secretary concerned determines that the
activities are consistent with administration of the areas as
wilderness.
(k) Adjacent Management.--
(1) In general.--The designation of a wilderness area by
section 713 shall not create any protective perimeter or
buffer zone around the wilderness area.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area designated by section 713 shall not preclude
the conduct of the activities or uses outside the boundary of
the wilderness area.
(l) Water Impoundment Structures.--
(1) In general.--The Secretary concerned may issue a
special use authorization to an owner of a water storage,
transport, or diversion facility located within the areas
designated as wilderness by section 713 for the continued
operation, maintenance, and reconstruction of the facility
if--
(A) the facility was in existence before the date of the
designation of the wilderness area; and
(B) the Secretary concerned determines that--
(i) the facility has been in substantially continuous use
to deliver water for the beneficial use on the non-Federal
land of the owner since the date of the designation of the
wilderness area;
(ii) the owner of the facility holds a valid water right
for use of the water under State law, with a priority date
that predates the date of the designation of the wilderness
area; and
(iii) it is not practicable or feasible to relocate the
facility to land outside the boundary of the wilderness and
continue the beneficial use of water on the non-Federal land
recognized under State law.
(2) Use of motorized equipment and mechanized transport.--
The special use authorization under paragraph (1) may allow
for the use of motorized equipment and mechanized transport
if the Secretary concerned determines, after conducting a
minimum tool analysis, that the use of nonmotorized equipment
and nonmechanized transport is impracticable or infeasible.
(3) Terms and conditions.--The Secretary concerned may
include such terms and conditions in the special use
authorization under paragraph (1) as the Secretary concerned
determines appropriate to protect the wilderness values of
the area.
(m) Snowcrest Wilderness Area.--With respect to the
Snowcrest Wilderness Area--
(1) the continuation of reasonable motorized access to
maintain water infrastructure for cattle that was constructed
to protect fluvial Arctic Grayling and other aquatic species
in the Ruby River may continue--
(A) subject to a permit; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines described in House Report 96-617 of the
96th Congress; and
(2) the trailing of sheep across the Snowcrest Wilderness
area to reach existing grazing allotments in the Gravelly
Mountains may be continued for the tenure of the allotments--
(A) subject to--
(i) a permit; and
(ii) a determination by the Secretary of Agriculture
(acting through the Forest Supervisor) that the use of
nonmechanized transport is impracticable or infeasible; and
(B) to the maximum extent practicable, in accordance with
the guidelines described in House Report 96-617 of the 96th
Congress.
SEC. 715. RELEASE OF BUREAU OF LAND MANAGEMENT STUDY AREAS.
(a) Finding.--Congress finds that, for purposes of section
603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782), any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area by section 713 or any other Act enacted
before the date of enactment of this Act has been adequately
studied for wilderness.
(b) Description of Study Areas.--The study areas referred
to in subsection (a) are--
(1) the Axolotl Lakes Wilderness Study Area;
(2) the Bell and Limekiln Canyons Wilderness Study Area;
(3) the Blacktail Mountains Wilderness Study Area;
(4) the Centennial Mountains Wilderness Study Area;
(5) the Farlin Creek Wilderness Study Area;
(6) the Henneberry Ridge Wilderness Study Area;
(7) the Hidden Pasture Wilderness Study Area;
(8) the Humbug Spires Wilderness Study Area; and
(9) the Ruby Mountains Wilderness Study Area.
(c) Release.--Any study area described in subsection (b)
that is not designated as a wilderness area by section 713--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable land
management plans adopted under section 202 of that Act (43
U.S.C. 1712).
SEC. 716. RELEASE OF SAPPHIRE AND WEST PIONEER WILDERNESS
STUDY AREAS.
(a) Findings.--Congress finds that--
(1) the studies conducted under section 2 of the Montana
Wilderness Study Act of 1977 (Public Law 95-150; 91 Stat.
1243) regarding each study area described in subsection (b)
are adequate for the consideration of the suitability of each
study area for inclusion as a component of the National
Wilderness Preservation System; and
(2) the Secretary of Agriculture is not required--
(A) to review the wilderness option for each study area
described in subsection (b) prior to the revision of the
forest plan required for each land that comprises each study
area in accordance with the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); and
(B) to manage the portion of each study area described in
subsection (b) that is not designated as wilderness by
section 713 to ensure the suitability of the area for
designation as a component of the National Wilderness
Preservation System pending revision of the applicable forest
plan.
(b) Description of Study Areas.--The study areas referred
to in subsection (a) are those portions of the following
wilderness study areas which are not designated as wilderness
by section 713:
(1) The Sapphire Wilderness Study Area, as described in
section 2(4) of the Montana Wilderness Study Act of 1977
(Public Law 95-150; 91 Stat. 1243).
(2) The West Pioneer Wilderness Study Area, as described in
section 2(1) of the Montana Wilderness Study Act of 1977
(Public Law 95-150; 91 Stat. 1243).
SEC. 717. SPECIAL MANAGEMENT AND RECREATION MANAGEMENT AREAS.
(a) Designation.--To conserve, protect, and enhance the
scenic, fish and wildlife, recreational, backcountry
heritage, and other natural resource values of the areas, the
following areas in the State are designated for special
management by the Secretary concerned in accordance with this
section:
(1) Highlands special management area.--Certain Federal
land in the Beaverhead-Deerlodge National Forest, comprising
approximately 5,011 acres, as generally depicted on the map
entitled ``Highlands Wilderness Area and Special Management
Area'' and dated September 13, 2010, which is designated as
the ``Highlands Special Management Area''.
(2) Lost creek recreation management area.--Certain Federal
land in the Beaverhead-Deerlodge National Forest, comprising
approximately 14,589 acres, as generally depicted on the map
entitled ``Lost Creek Recreation Management Area'' and dated
September 13, 2010, which is designated as the ``Lost Creek
Recreation Management Area''.
(3) Otatsy recreation management area.--Certain Federal
land in the Lolo National Forest, comprising approximately
1,859 acres, as generally depicted on the map entitled ``Bob
Marshall, Mission Mountains and Scapegoat Wilderness
Additions and Otatsy Recreation Management Area'' and dated
September 13, 2010, which is designated as the ``Otatsy
Recreation Management Area''.
(4) Roderick special management area.--Certain Federal land
in the Kootenai National Forest, comprising approximately
3,715 acres, as generally depicted on the map entitled
``Roderick Wilderness and Special Management Area and Three
Rivers Special Management Area'' and dated September 13,
2010, which is designated as the ``Roderick Special
Management Area''.
(5) Three rivers special management area.--Certain Federal
land in the Kootenai National Forest, comprising
approximately 71,994 acres, as generally depicted on the map
entitled ``Roderick Wilderness and Special Management Area
and Three Rivers Special Management Area'' and dated
September 13, 2010, which is designated as the ``Three Rivers
Special Management Area''.
(6) Thunderbolt creek recreation management area.--Certain
Federal land in the Beaverhead-Deerlodge National Forest,
comprising approximately 19,641 acres, as generally depicted
on the map entitled ``Electric
[[Page S9134]]
Peak Wilderness and Thunderbolt Creek Recreation Management
Area'' and dated September 13, 2010, which is designated as
the ``Thunderbolt Recreation Management Area''.
(7) Tobacco roots recreation management area.--Certain
Federal land in the Beaverhead-Deerlodge National Forest,
comprising approximately 29,186 acres, as generally depicted
on the map entitled ``Tobacco Roots Recreation Management
Area'' and dated September 13, 2010, which is designated as
the ``Tobacco Roots Recreation Management Area''.
(8) West big hole recreation management area.--Certain
Federal land in the Beaverhead-Deerlodge National Forest
comprising approximately 95,144 acres, as generally depicted
on the map entitled ``West Big Hole Wilderness and Recreation
Management Area'' and dated September 13, 2010, which is
designated as the ``West Big Hole Recreation Management
Area''.
(9) West pioneers recreation management area.--Certain
Federal land in the Beaverhead-Deerlodge National Forest,
comprising approximately 128,361 acres, as generally depicted
on the map entitled ``West Pioneers Wilderness and Recreation
Management Area'' and dated September 13, 2010, which is
designated as the ``West Pioneers Recreation Management
Area''.
(b) Administration.--
(1) Applicable law.--
(A) In general.--The Secretary concerned shall administer
each area designated by subsection (a)--
(i) in furtherance of the purposes for which the area is
established; and
(ii) in accordance with--
(I) this section; and
(II) any laws (including regulations) relating to the
National Forest System.
(B) Closure of trails.--Nothing in this subtitle precludes
the Secretary concerned from closing any trail or area
located in the areas designated by subsection (a)--
(i) to protect a natural resource; or
(ii) to help ensure public safety.
(2) Withdrawal.--Subject to valid existing rights, any
Federal land within an area designated by subsection (a)
(including any Federal land acquired after the date of
enactment of this Act for inclusion in an area designated by
subsection (a)) is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(3) Timber harvesting.--
(A) In general.--Except as provided in subparagraph (B) or
as authorized under subsection (c), timber harvesting shall
not be permitted within an area designated by subsection (a).
(B) Fire, insects, and diseases.--Timber harvesting may be
permitted in an area designated by subsection (a) to the
extent allowed under section 4(d)(1) of the Wilderness Act
(16 U.S.C. 1133(d)(1)) for purposes relating to the necessary
control of fire, insects, and diseases.
(4) Use of motorized or mechanized vehicles.--
(A) In general.--Nothing in this section affects the use of
motorized or mechanized vehicles that the Secretary concerned
determines is necessary for administrative use or to respond
to an emergency.
(B) Mechanized vehicles, pedestrians, and horse travel.--
Except as authorized under subsection (c), nothing in this
section prohibits--
(i) the use of mechanized vehicles, access by pedestrians,
or horse travel within the areas designated by subsection
(a); or
(ii) the construction of trails for use by mechanized
vehicles, pedestrians, and horse travel within the areas
designated by subsection (a).
(5) Firewood.--The Secretary concerned may allow for the
collection of firewood for noncommercial personal use within
the areas designated by subsection (a)--
(A) in accordance with any applicable laws; and
(B) subject to such terms and conditions as the Secretary
concerned determines to be appropriate.
(c) Area Specific Management Requirements.--
(1) Highlands special management area.--
(A) Campground development.--No permanent campground may be
constructed within the Highlands Special Management Area.
(B) Motorized and mechanized recreation.--Except as
provided in subparagraph (C), and as necessary for
administrative use or to respond to an emergency, the use of
motorized or mechanized vehicles within the Highlands Special
Management Area shall be prohibited.
(C) Transmission towers and municipal water pipelines.--
Nothing in this section affects--
(i) the reasonable access of the government of the
applicable county to operate and maintain the communication
site located on Table Mountain under a special use permit
issued by the Forest Service; and
(ii) the reasonable access of the city of Butte, Montana,
to operate, maintain, and if necessary, upgrade the water
supply pipeline within the Highlands Special Management Area
in existence as of the date of enactment of this Act for the
city of Butte (including the surrounding community of the
city of Butte).
(D) Helicopter landings.--Nothing in this section precludes
or restricts the authority of the Secretary concerned to
enter into agreements with the Secretary of Defense or the
Montana National Guard to authorize limited and scheduled
landings of aircraft in the Highlands Special Management
Area.
(2) Lost creek, thunderbolt, and west pioneers recreation
management areas.--
(A) Motorized recreation.--Subject to any terms and
conditions the Secretary concerned determines to be
necessary, the use of motorized vehicles within the Lost
Creek, Thunderbolt, and West Pioneers Recreation Management
Areas shall be limited to--
(i) the routes and trails designated for such use as of the
date of enactment of this Act; and
(ii) during periods of adequate snow cover, the areas
designated for snowmobile use as of the date of enactment of
this Act.
(B) Campground development.--No permanent campground may be
constructed within the Lost Creek Recreation Area.
(3) Otatsy recreation management area.--
(A) Motorized and mechanized recreation.--
(i) In general.--The use of motorized and mechanized
vehicles in the Otatsy Recreation Management Area shall be
permitted only on the roads, trails, and areas designated for
use by motorized and mechanized vehicles by the management
plan required under subparagraph (B).
(ii) Interim management.--Until the date on which the
management plan required under subparagraph (B) is approved,
and subject to any terms and conditions that the Secretary
concerned determines to be necessary, the use of motorized or
mechanized vehicles in the Otatsy Recreation Management Area
shall be limited to the routes and trails designated for such
use as of the date of enactment of this Act, except that
during periods of adequate snow cover, the use of snowmobiles
shall be allowed within the Otatsy Recreation Management
Area.
(B) Management plan.--The Secretary concerned shall prepare
a management plan for the Otatsy Recreation Management Area
as part of the first revision of the applicable forest plan
that is carried out after the date of enactment of this Act.
(4) Three rivers and roderick special management areas.--
(A) Motorized and mechanized recreation.--Except as
provided in subparagraphs (B) and (C), the use of motorized
or mechanized vehicles within the Three Rivers Special
Management Area and the Roderick Special Management Area
shall be limited to the roads on which use by highway legal
vehicles is permitted as of the date of enactment of this
Act.
(B) Snowmobile area.--Subject to any terms and conditions
the Secretary concerned determines to be necessary, the use
of snowmobiles shall be allowed in the areas designated as
``motorized'' in the map entitled ``Roderick Wilderness and
Special Management Area and Three Rivers Special Management
Area'' and dated September 13, 2010.
(C) Game carts.--The Secretary concerned may authorize the
use of nonmotorized game carts in the area identified as
``Roderick Special Management Area'' on the map described in
subparagraph (B).
(D) Campground development.--No permanent campground may be
constructed in the Three Rivers Special Management Area or
the Roderick Special Management Area.
(5) Tobacco roots recreation management area.--Subject to
any terms and conditions that the Secretary concerned
determines to be necessary, the use of motorized vehicles
shall be limited to the roads, routes, and trails in the
Tobacco Roots Recreation Management Area designated for such
use as of the date of enactment of this Act.
(6) West big hole recreation management area.--
(A) Motorized recreation.--Subject to any terms and
conditions that the Secretary concerned determines to be
necessary, motorized use shall be permitted on approved
designated, routes, trails, and areas in the West Big Hole
Recreation Management Area, including the use of snowmobiles
during periods of adequate snow cover.
(B) Timber harvest.--The Secretary concerned may authorize
post and pole, firewood, and fuel reduction timber projects
in the West Big Hole Recreation Management Area, subject to
such terms and conditions that the Secretary concerned
determines to be appropriate.
SEC. 718. ALL TERRAIN VEHICLE STUDY AND REPORT.
Not later than 1 year after the date of enactment of this
Act, the Secretary concerned shall study and report on--
(1) the opportunities for expanded all-terrain vehicles
routes and trails across the Three Rivers District and
adjacent areas on the Kootenai National Forest;
(2) the interconnectedness of routes on private or State
land; and
(3) the opportunities for expanded access points to
existing trails.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2011''.
[[Page S9135]]
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Investment Act of
1998 (``WIA''), the Second Chance Act of 2007, and the Women
in Apprenticeship and Non-Traditional Occupations Act of
1992, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real
property for training centers as authorized by the WIA;
$3,861,457,000, plus reimbursements, shall be available. Of
the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, dislocated worker employment
and training activities, and for workforce innovation
activities, $3,110,380,000 as follows:
(A) $891,540,000 for adult employment and training
activities, of which not more than $30,000,000, shall be
available for workforce innovation activities to carry out
projects authorized under section 171(b) of the WIA that
demonstrate innovative strategies or replicate effective
evidence-based strategies that align and strengthen the
workforce investment system in order to improve program
delivery and education and employment outcomes for program
beneficiaries, and of which $179,540,000 shall be available
for the period July 1, 2011, through June 30, 2012, and of
which $712,000,000 shall be available for the period October
1, 2011 through June 30, 2012;
(B) $985,000,000 for youth activities, which shall be
available for the period April 1, 2011 through June 30, 2012;
and of which not more than $85,000,000 shall be for workforce
innovation activities to carry out projects authorized under
section 171(b) of the WIA that demonstrate innovative
strategies or replicate effective evidence-based strategies
that align and strengthen the workforce investment system in
order to improve program delivery and education and
employment outcomes for youth: Provided, That notwithstanding
section 128(a)(1) of the WIA, the amount available to the
Governor for statewide activities shall not exceed 10 percent
of the amount allotted to the State from the appropriation
under this subparagraph: Provided further, That of the funds
reserved in this subparagraph for workforce innovation
activities not less than 30 percent shall be for projects
providing summer employment activities for youth; and
(C) $1,233,840,000 for dislocated worker employment and
training activities, of which not more than $50,000,000 shall
be for workforce innovation activities to carry out projects
authorized under section 171(b) of the WIA that demonstrate
innovative strategies or replicate effective evidence-based
strategies that align and strengthen the workforce investment
system in order to improve program delivery and education and
employment outcomes for program beneficiaries, and of which
$373,840,000 shall be available for the period July 1, 2011
through June 30, 2012, and of which $860,000,000 shall be
available for the period October 1, 2011 through June 30,
2012:
Provided, That with respect to a local board's transfer
authority, section 133(b)(4) of the WIA shall be applied by
substituting ``30 percent'' for ``20 percent'' each place the
term appears in such section: Provided further, That a local
board may award a contract to an institution of higher
education or other eligible training provider if the local
board determines that it would facilitate the training of
multiple individuals in high-demand occupations, if such
contract does not limit customer choice: Provided further,
That projects carried out with funds available for workforce
innovation activities shall not be subject to the
requirements of section 171(b)(2)(B) of the WIA and shall be
administered by the Secretary of Labor in cooperation with
the Secretary of Education and, as appropriate, other heads
of departments and agencies: Provided further, That of the
funds available for workforce innovation activities, not more
than 5 percent shall be for technical assistance and
evaluations related to the projects carried out with these
funds;
(2) for federally administered programs, $480,038,000 as
follows:
(A) $229,160,000 for the dislocated workers assistance
national reserve, of which $29,160,000 shall be available for
the period July 1, 2011 through June 30, 2012, and of which
$200,000,000 shall be available for the period October 1,
2011 through June 30, 2012: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIA may be used to
provide assistance to a State for State-wide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the
State workforce development plan with emerging economic
development needs; and train such eligible dislocated
workers: Provided further, That funds provided to carry out
section 171(d) of the WIA may be used for demonstration
projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That none
of the funds shall be obligated to carry out section 173(e)
of the WIA;
(B) $55,000,000 for Native American programs, which shall
be available for the period July 1, 2011 through June 30,
2012;
(C) $87,378,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including $80,968,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $5,900,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $510,000 for
other discretionary purposes, which shall be available for
the period July 1, 2011 through June 30, 2012: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services;
(D) $1,000,000 for carrying out the Women in Apprenticeship
and Nontraditional Occupations Act, which shall be available
for the period July 1, 2011 through June 30, 2012; and
(E) $107,500,000 for YouthBuild activities as described in
section 173A of the WIA, which shall be available for the
period April 1, 2011 through June 30, 2012;
(3) for national activities, $271,039,000 as follows:
(A) $94,689,000 for Pilots, Demonstrations, and Research,
which shall be available for the period April 1, 2011 through
June 30, 2012, of which $40,000,000 shall be for Transitional
Jobs activities, and shall not be subject to the requirements
of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA, and that
up to 10 percent of the amount available for Transitional
Jobs activities may be used for evaluation of such projects
or transferred to the Department of Health and Human Services
and/or the Department of Justice for support of Transitional
Jobs activities; and of which $48,133,000 shall be used for
the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That funding provided to carry out such projects shall not be
subject to the requirements of sections 171(b)(2)(B) and
171(c)(4)(D) of the WIA, the joint funding requirements of
sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any
time limit requirements of sections 171(b)(2)(C) and
171(c)(4)(B) of the WIA;
(B) $55,000,000 for activities that prepare workers for
careers in energy efficiency and renewable energy as
described in section 171(e)(1)(B) of the WIA, under the
authority of section 171 of the WIA, which shall be available
for the period July 1, 2011 through June 30, 2012, and which
shall not be subject to the requirements of section
171(b)(2)(B) or 171(c)(4)(D);
(C) $98,000,000 for ex-offender activities, under the
authority of section 171 of the WIA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2011 through June 30, 2012, notwithstanding
the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of
the WIA;
(D) $9,600,000 for Evaluation, which shall be available for
the period July 1, 2011 through June 30, 2012; and
(E) $13,750,000 for the Workforce Data Quality Initiative,
under the authority of section 171(c)(2) of the WIA, which
shall be available for the period July 1, 2011 through June
30, 2012, and which shall not be subject to the requirements
of section 171(c)(4)(D).
office of job corps
(including transfer of funds)
To carry out subtitle C of title I of the Workforce
Investment Act of 1998, including Federal administrative
expenses, the purchase and hire of passenger motor vehicles,
the construction, alteration and repairs of buildings and
other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment
Act; $1,719,125,000, plus reimbursements, as follows:
(1) $1,584,015,000 for Job Corps Operations, of which
$993,015,000 shall be available for obligation for the period
July 1, 2011 through June 30, 2012 and of which $591,000,000
shall be available for obligation for the period October 1,
2011 through June 30, 2012;
(2) $104,250,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $4,250,000 shall
be available for the period July 1, 2011 through June 30,
2014 and $100,000,000 shall be available for the period
October 1, 2011 through June 30, 2014: Provided, That the
Secretary of Labor may transfer up to 25 percent of such
funds to meet the operational needs of such centers: Provided
further, That any funds transferred pursuant to the preceding
proviso shall not be available for obligation after June 30,
2012; and
(3) $30,860,000 for necessary expenses of the Office of Job
Corps shall be available for obligation for the period
October 1, 2010 through September 30, 2011:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(``OAA''), $620,425,000, which shall be available for the
period July 1, 2011 through June 30, 2012: Provided, That
funds made available under this heading may, in accordance
with section 517(c) of the OAA, be recaptured and
reobligated.
[[Page S9136]]
federal unemployment benefits and allowances
For payments during fiscal year 2011 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, including benefit payments, allowances,
training, and related State administration provided pursuant
to paragraphs (1) and (2) of section 1891(b) of the Trade and
Globalization Adjustment Assistance Act of 2009,
$1,938,200,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for
payments for any period subsequent to September 15, 2011.
state unemployment insurance and employment service operations
For authorized administrative expenses, $89,403,000,
together with not to exceed $4,168,924,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $3,390,079,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including $65,000,000 to conduct in-person re-employment and
eligibility assessments and unemployment insurance improper
payment reviews), the administration of unemployment
insurance for Federal employees and for ex-service members as
authorized under 5 U.S.C. 8501-8523, and the administration
of trade readjustment allowances, re-employment trade
adjustment assistance, and alternative trade adjustment
assistance under the Trade Act of 1974 and under section
1891(b) of the Trade and Globalization Adjustment Assistance
Act of 2009, and shall be available for obligation by the
States through December 31, 2011, except that funds used for
automation acquisitions shall be available for obligation by
the States through September 30, 2013, and funds used for
unemployment insurance workloads experienced by the States
through September 30, 2011, shall be available for Federal
obligation through December 31, 2011: Provided, That funds
awarded to States under the misclassification initiative or
to conduct re-employment and eligibility assessment and
improper payment reviews shall be available for obligation by
the States through September 30, 2013;
(2) $11,310,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $680,893,000 from the Trust Fund, together with
$22,683,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2011 through June 30, 2012;
(4) $20,994,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and the
provision of technical assistance and staff training under
the Wagner-Peyser Act, including not to exceed $1,228,000
that may be used for amortization payments to States which
had independent retirement plans in their State employment
service agencies prior to 1980;
(5) $65,648,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $50,519,000 shall be available for the
Federal administration of such activities, and $15,129,000
shall be available for grants to States for the
administration of such activities; and
(6) $66,720,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and section
171 (e)(2)(C) of the Workforce Investment Act of 1998 and
shall be available for Federal obligation for the period July
1, 2011 through June 30, 2012:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2011 is projected by
the Department of Labor to exceed 6,051,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary of Labor may use
funds appropriated for grants to States under title III of
the Social Security Act to make payments on behalf of States
for the use of the National Directory of New Hires under
section 453(j)(8) of such Act: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance or immigration programs, may be
obligated in contracts, grants, or agreements with non-State
entities: Provided further, That funds appropriated under
this Act for activities authorized under title III of the
Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and
Employment Service automation efforts, notwithstanding cost
allocation principles prescribed under the Office of
Management and Budget Circular A-87: Provided further, That
the Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium in order to
carry out activities that benefit the administration of the
unemployment compensation law of the State making the
request.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the Unemployment
Trust Fund as authorized by 5 U.S.C. 8509, and to the
``Federal Unemployment Benefits and Allowances'' account,
such sums as may be necessary, which shall be available for
obligation through September 30, 2012.
program administration
For expenses of administering employment and training
programs, $103,451,000, together with not to exceed
$55,472,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $172,995,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2011, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2011 shall be available for
obligations for administrative expenses in excess of
$466,301,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2011, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2012 for obligation for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That an additional $50,000 shall be made
available through September 30, 2012, for obligation for
investment management fees for every $25,000,000 in assets
received by the Corporation as a result of new plan
terminations or asset growth, after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided further, That obligations in excess of the
amounts provided in this paragraph may be incurred for
unforeseen and extraordinary pretermination expenses after
approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House
of Representatives and the Senate.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $123,765,000, together with $2,181,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency
Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of
the War Claims Act of 1948; and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $183,000,000,
together with such amounts as may be necessary to be charged
to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts
appropriated may be used under 5 U.S.C. 8104, by the
Secretary of Labor to reimburse an employer, who is not the
employer at the time of injury, for portions of
[[Page S9137]]
the salary of a re-employed, disabled beneficiary: Provided
further, That balances of reimbursements unobligated on
September 30, 2010, shall remain available until expended for
the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other
corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be
the cost of administration for employees of such fair share
entities through September 30, 2011: Provided further, That
of those funds transferred to this account from the fair
share entities to pay the cost of administration of the
Federal Employees' Compensation Act, $65,364,000 shall be
made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems,
$17,318,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $32,973,000;
(3) For periodic roll management and medical review,
$15,073,000; and
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$158,220,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2012, $41,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $53,778,000,
to remain available until expended: Provided, That the
Secretary of Labor may require that any person filing a claim
for benefits under the Act provide as part of such claim,
such identifying information (including Social Security
account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
In fiscal year 2011, such sums as may be necessary from the
Black Lung Disability Trust Fund (``Fund''), to remain
available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment
of interest on advances, as authorized by section 9501 (d)(4)
of that Act. In addition, the following amounts may be
expended from the Fund for fiscal year 2011 for expenses of
operation and administration of the Black Lung Benefits
program, as authorized by section 9501(d)(5): not to exceed
$33,075,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to
exceed $25,394,000 for transfer to Departmental Management,
``Salaries and Expenses''; not to exceed $327,000 for
transfer to Departmental Management, ``Office of Inspector
General''; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of
the Treasury.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$242,640,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $110,333,000.
Office of Labor Management Standards
salaries and expenses
For necessary expenses for the Office of Labor Management
Standards, $45,181,000.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $577,096,000, including not to exceed
$105,893,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary of Labor under section 18 of
the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $200,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal
year ending September 30, 2011, to collect and retain fees
for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with
the provisions of 29 U.S.C. 9a, to administer national and
international laboratory recognition programs that ensure the
safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and
employs 10 or fewer employees: Provided further, That no
funds appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(DART) occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs 10 or
fewer employees: Provided further, That $11,000,000 shall be
available for Susan Harwood training grants.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $373,138,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities, and $1,500,000 to continue the project with the
United Mine Workers of America, for classroom and simulated
rescue training for mine rescue teams; in addition, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities, notwithstanding 31 U.S.C.
3302; and, in addition, the Mine Safety and Health
Administration may retain up to $1,350,000 from fees
collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize
such sums for such activities; the Secretary of Labor is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to
prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations; the Secretary is authorized to recognize the
Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law,
may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in
the national organization; and any funds available to the
Department of Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$565,050,000, together with not to exceed $67,438,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $1,500,000
may be used to fund
[[Page S9138]]
the mass layoff statistics program under section 15 of the
Wagner-Peyser Act: Provided, That the Current Employment
Survey shall maintain the content of the survey issued prior
to June 2005 with respect to the collection of data for the
women worker series.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $42,138,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three sedans, $416,297,000, together
with not to exceed $327,000, which may be expended from the
Employment Security Administration Account in the
Unemployment Trust Fund: Provided, That the Secretary of
Labor may transfer up to $4,300,000 of the funds available
under this heading for legal services to ``Mine Safety and
Health Administration--Salaries and Expenses'' for activities
related to the Department of Labor's caseload before the
Federal Mine Safety and Health Review Commission, which may
include case management of civil penalties, assignment of
Pattern of Violations (``POV'') status, and enhanced
enforcement under the POV process: Provided further, That
$87,000,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2011:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That $40,000,000 shall be for
the United States' contribution to the International Labour
Organization's International Program on the Elimination of
Child Labor: Provided further, That $26,500,000 shall be used
to implement model programs that address worker rights issues
through technical assistance or other programs in countries
with which the United States has free trade agreements or
trade preference programs: Provided further, That funds
available for the acquisition of Departmental information
technology, architecture, infrastructure, equipment, software
and related needs, may be allocated to agencies of the
Department by the Department's Chief Information Officer:
Provided further, That $27,000,000 shall be used for program
evaluation, of which $17,000,000 shall be available for
obligation through September 30, 2012: Provided further, That
funds available for program evaluation may be transferred to
any other appropriate account in the Department for such
purpose: Provided further, That the Women's Bureau shall have
grant authority.
veterans employment and training
Not to exceed $211,523,000 may be derived from the
Employment Security Administration Account in the
Unemployment Trust Fund to carry out the provisions of 38
U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Public Law
103-353, and which shall be available for obligation by the
States through December 31, 2011, of which $2,449,000 is for
the National Veterans' Employment and Training Services
Institute.
In addition, to carry out Department of Labor programs
under section 5(a)(1) of the Homeless Veterans Comprehensive
Assistance Act of 2001 and the Veterans Workforce Investment
Programs under section 168 of the Workforce Investment Act,
$50,971,000, of which $9,641,000 shall be available for
obligation for the period July 1, 2011 through June 30, 2012.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $79,090,000, together with not to exceed
$5,992,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
working capital fund
(including transfer of funds)
For the Department of Labor's acquisition workforce
capacity and capabilities, $4,537,000: Provided, That such
funds may be transferred by the Secretary of Labor for that
purpose to any other account in the Department (in addition
to any other transfer authority provided in this Act):
Provided further, That funds available under this heading
shall be used only to supplement and not to supplant existing
acquisition workforce activities and may be used for
training, recruitment, retention, and hiring additional
members of the acquisition workforce (as defined by the
Office of Federal Procurement Policy Act), for information
technology in support of acquisition workforce effectiveness,
or for activities to improve acquisition management.
General Provisions
Sec. 101. None of the funds appropriated in this Act for
the Job Corps shall be used to pay the salary of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level I.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer, with such notification to include an
explanation of the effects of the proposed transfer by
program, project, and activity.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. None of the funds made available to the
Department of Labor for grants under section 414(c) of the
American Competitiveness and Workforce Improvement Act of
1998 may be used for any purpose other than training in the
occupations and industries for which employers are using H-1B
visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds available to the Secretary of
Labor for grants authorized under section 414(c) of the
American Competitiveness and Workforce Improvement Act of
1998 shall be obligated for a grant awarded on a non-
competitive basis.
Sec. 106. None of the funds appropriated in this Act under
the heading ``Employment and Training Administration'' shall
be used by a recipient or subrecipient of such funds to pay
the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs. Notwithstanding this
section, the limitation on salaries for the Job Corps shall
continue to be governed by Section 101 of this Act.
Sec. 107. The Secretary of Labor shall take no action to
amend, through regulatory or administration action, the
definition established in section 667.220 of title 20 of the
Code of Federal Regulations for functions and activities
under title I of the Workforce Investment Act of 1998, or to
modify, through regulatory or administrative action, the
procedure for redesignation of local areas as specified in
subtitle B of title I of that Act (including applying the
standards specified in section 116(a)(3)(B) of that Act, but
notwithstanding the time limits specified in section
116(a)(3)(B) of that Act), until such time as legislation
reauthorizing the Act is enacted. Nothing in the preceding
sentence shall permit or require the Secretary to withdraw
approval for such redesignation from a State that received
the approval not later than October 12, 2005, or to revise
action taken or modify the redesignation procedure being used
by the Secretary in order to complete such redesignation for
a State that initiated the process of such redesignation by
submitting any request for such redesignation not later than
October 26, 2005.
(including rescission of funds)
Sec. 108. (a) Of the unobligated balances available in
``Department of Labor--Working Capital Fund'', $3,900,000 are
permanently rescinded, to be derived solely from amounts
available for the Investment in Reinvention Fund (other than
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985).
(b) Public Law 85-67 is amended by striking the third
proviso under the heading ``Working Capital Fund'' (as added
by Public Law 104-134 and relating to establishment of an
Investment in Reinvestment Fund).
(including transfer of funds)
Sec. 109. Funds available to the Employment and Training
Administration, either directly or through a set-aside, for
technical assistance services to grantees may be transferred
to ``Program Administration'' when it is determined that
those services will be more efficiently performed by Federal
staff.
This title may be cited as the ``Department of Labor
Appropriations Act, 2011''.
[[Page S9139]]
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
(including transfer of funds)
For carrying out titles II, III, IV, VII, VIII, X, XI, XII,
XIX, XX, XXVI, and XXVIII of the Public Health Service Act
(``PHS Act''), section 427(a) of the Federal Coal Mine Health
and Safety Act, title V and sections 711, 1128E, 1820, and
1886 of the Social Security Act, the Health Care Quality
Improvement Act of 1986, the Native Hawaiian Health Care Act
of 1988, the Cardiac Arrest Survival Act of 2000, section 712
of the American Jobs Creation Act of 2004, the Stem Cell
Therapeutic and Research Act of 2005, the Medicare
Prescription Drug Improvement and Modernization Act of 2003,
and the Patient Protection and Affordable Care Act,
$7,715,892,000, of which $41,200,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural
hospital flexibility grants program under such section:
Provided, That sections 340G-1(d)(1) and (d)(2), 747(c)(2),
751(j)(2), and the proportional funding amounts in paragraphs
(1) through (4) of section 756(e) of the PHS Act shall not
apply to funds made available in this paragraph: Provided
further, That of the funds made available under this heading
for Medicare rural hospital flexibility grants, $1,000,000
shall be to carry out section 1820(g)(6) of the Social
Security Act, with funds provided for such grants available
for the purchase and implementation of telehealth services,
including pilots and demonstrations on the use of electronic
health records to coordinate rural veterans care between
rural providers and the Department of Veterans Affairs
through the use of the VISTA-Electronic Health Record:
Provided further, That of the funds made available under this
heading, $129,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act
of 1986, fees shall be collected for the full disclosure of
information under the Act sufficient to recover the full
costs of operating the National Practitioner Data Bank, and
shall remain available until expended to carry out that Act:
Provided further, That fees collected for the full disclosure
of information under the ``Health Care Fraud and Abuse Data
Collection Program'', authorized by section 1128E(d)(2) of
the Social Security Act, shall be sufficient to recover the
full costs of operating the program, and shall remain
available until expended to carry out that Act: Provided
further, That no more than $40,000 shall be available until
expended for carrying out the provisions of section 224(o) of
the PHS Act including associated administrative expenses and
relevant evaluations: Provided further, That no more than
$100,000,000 shall be available until expended for carrying
out the provisions of Public Law 104-73 and for expenses
incurred by the Department of Health and Human Services
(``HHS'') pertaining to administrative claims made under such
law: Provided further, That of the funds made available under
this heading, $327,356,000 shall be for the program under
title X of the PHS Act to provide for voluntary family
planning projects: Provided further, That amounts provided to
said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That of the funds available
under this heading, $2,010,365,000 shall remain available to
the Secretary of HHS through September 30, 2013, for parts A
and B of title XXVI of the PHS Act, of which $900,000,000
shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of the PHS Act: Provided
further, That within the amounts provided for part A of title
XXVI of the PHS Act, $4,919,000 shall be available to the
Secretary through September 30, 2013, and shall be available
to qualifying jurisdictions, within 30 days of enactment, for
increasing supplemental grants for fiscal year 2011 to
metropolitan and transitional areas that received grant
funding in fiscal year 2010 under subparts I and II of part A
of title XXVI of the PHS Act to ensure that an area's total
funding under subparts I and II of part A for fiscal year
2010, together with the amount of this additional funding, is
not less than 90.7 percent of the amount of such area's total
funding under part A for fiscal year 2006: Provided further,
That notwithstanding section 2603(c)(1) of the PHS Act, the
additional funding to areas under the immediately preceding
proviso, which may be used for costs incurred during fiscal
year 2010, shall be available to the area for obligation from
the date of the award through the end of the grant year for
the award: Provided further, That in addition to amounts
provided herein, $25,000,000 shall be available from amounts
available under section 241 of the PHS Act to carry out parts
A, B, C, and D of title XXVI of the PHS Act to fund section
2691 Special Projects of National Significance: Provided
further, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not to exceed
$93,999,263 shall be available for carrying out special
projects of regional and national significance pursuant to
section 501(a)(2) of such Act and $11,810,915 shall be
available for projects described in paragraphs (A) through
(F) of section 501(a)(3) of such Act: Provided further, That
of the funds provided, $34,927,000 shall be provided for the
Delta Health Initiative as authorized in section 219 of
division G of Public Law 110-161 and associated
administrative expenses: Provided further, That, for any
program operating under section 751 of the PHS Act on or
before January 1, 2009, the Secretary of HHS may waive any of
the requirements contained in sections 751(d)(2)(A) and
751(d)(2)(B) of such Act: Provided further, That funds
provided under section 846 and subpart 3 of part D of title
III of the PHS Act may be used to make prior-year adjustments
to awards made under these sections: Provided further, That
of the amount appropriated in this paragraph, $257,375,000
shall be used for the projects financing the construction and
renovation (including equipment) of healthcare and other
facilities and for other health-related activities, and in
the amounts, specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act), and of which up to 1 percent of the amount
for each project may be used for related agency
administrative expenses: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $10,075,000
shall be available for State Offices of Rural Health:
Provided further, That of the funds provided, $15,000,000
shall be available for the Small Rural Hospital Improvement
Grant Program: Provided further, That notwithstanding section
399BB(g) of the PHS Act, funds made available under this
heading for section 399BB of the PHS Act are for carrying out
the program as authorized under section 399BB(a)-(f) of such
Act unless otherwise authorized subsequent to enactment of
this Act: Provided further, That $65,000,000 shall be
available for State Health Access Grants to expand access to
affordable health care coverage for the uninsured populations
in such States: Provided further, That of the funds provided
under this paragraph, $90,000,000 shall be for grants to
assist in the development of medical schools, including the
construction and acquisition of property and facilities, in
designated health professional shortage areas: Provided
further, That funds made available in this paragraph may be
used to continue operating the Council on Graduate Medical
Education notwithstanding section 762(k) of the PHS Act.
For an additional amount to carry out the activities
listed, and in the amounts specified, under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), $20,000,000, to be
derived by transfer from funds appropriated under section
4002 of the Patient Protection and Affordable Care Act:
Provided, That such funds shall not be available for further
transfer under authority granted in this or any other Act:
Provided further, That the amounts shall be transferred
within 45 days of enactment of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (``Trust Fund''), such sums as may be necessary
for claims associated with vaccine-related injury or death
with respect to vaccines administered after September 30,
1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to
exceed $6,502,000 shall be available from the Trust Fund to
the Secretary of Health and Human Services.
Centers for Disease Control and Prevention
disease control, research, and training
(including transfer of funds)
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act (``PHS Act''),
sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of
the Federal Mine Safety and Health Act of 1977, section 13 of
the Mine Improvement and New Emergency Response Act of 2006,
sections 20, 21, and 22 of the Occupational Safety and Health
Act of 1970, titles II and IV of the Immigration and
Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, sections 4001, 4004, 4201, and 4301
of the Patient Protection and Affordable Care Act
(``PPACA''), section 103(a)(4)(H) of the Afghanistan Freedom
Support Act of 2002, and for expenses necessary to support
activities related to countering potential biological,
nuclear, radiological, and chemical threats to civilian
populations; including purchase and insurance of official
motor vehicles in foreign countries; and purchase, hire,
maintenance, and operation of aircraft, $6,288,507,000, of
which $12,000,000 shall remain available until expended for
acquisition of real property, equipment, construction, and
renovation of facilities, including necessary repairs and
improvements to laboratories leased or operated by the
Centers for Disease Control and Prevention; of which
$523,305,000 shall remain available until expended for the
Strategic National Stockpile under section 319F-2 of the PHS
Act; of which $25,000,000 shall remain available through
September 30, 2012 for chronic disease grants; of which
$12,155,000 shall be used for the projects, and in the
amounts, specified in the explanatory statement described
[[Page S9140]]
in section 4 (in the matter preceding division A of this
consolidated Act); of which $118,023,000 for international
HIV/AIDS shall remain available through September 30, 2012;
of which $150,137,000 shall be available until expended to
provide screening and treatment for first response emergency
services personnel, residents, students, and others related
to the September 11, 2001 terrorist attacks on the World
Trade Center; and of which $5,540,000 shall remain available
until expended for research on underground mine refuge
chambers and alternatives: Provided, That paragraphs (1)
through (3) of section 2821(b) of the PHS Act shall not apply
to funds made available under this heading: Provided further,
That in addition, such sums as may be derived from authorized
user fees shall be credited to this account: Provided
further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program shall
be available through September 30, 2012: Provided further,
That in addition to amounts provided herein, the following
amounts shall be available from amounts available under
section 241 of the PHS Act: (1) $12,864,000 to carry out the
National Immunization Surveys; (2) $161,883,000 to carry out
the National Center for Health Statistics surveys; (3)
$61,916,000 for Scientific and Support Services; (4)
$31,170,000 to carry out Public Health Research; and (5)
$91,724,000 to carry out research activities within the
National Occupational Research Agenda: Provided further, That
none of the funds made available for injury prevention and
control at the Centers for Disease Control and Prevention may
be used, in whole or in part, to advocate or promote gun
control: Provided further, That of the funds made available
under this paragraph, up to $1,000 per eligible employee of
the Centers for Disease Control and Prevention shall be made
available until expended for Individual Learning Accounts:
Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502,
section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are to be notified promptly of any such redirection: Provided
further, That not to exceed $22,787,000 may be available for
making grants under section 1509 of the PHS Act to not less
than 22 States, tribes, or tribal organizations: Provided
further, That notwithstanding any other provision of law, the
Centers for Disease Control and Prevention shall award a
single contract or related contracts for development and
construction that collectively include the full scope of the
project: Provided further, That the solicitation and contract
shall contain the clause ``availability of funds'' found at
48 CFR 52.232-18: Provided further, That of the funds
appropriated, $10,000 shall be for official reception and
representation expenses when specifically approved by the
Director of the Centers for Disease Control and Prevention:
Provided further, That employees of the Centers for Disease
Control and Prevention or the Public Health Service, both
civilian and Commissioned Officers, detailed to States,
municipalities, or other organizations under authority of
section 214 of the PHS Act, or in overseas assignments, shall
be treated as non-Federal employees for reporting purposes
only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or the Department of
Health and Human Services during the period of detail or
assignment: Provided further, That, notwithstanding section
516 of this Act, no activity funded under this heading or
funded through transfers to ``Disease Control, Research, and
Training'' that has a funding amount specifically identified
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) may be
eliminated, increased by more than 3 percent or reduced by
more than 1 percent through any administrative action.
In addition, for necessary expenses to administer the
Energy Employees Occupational Illness Compensation Program
Act, $55,358,000, to remain available until expended, of
which no less than $4,500,000 shall be for use by or in
support of the Advisory Board on Radiation and Worker Health
(``the Board'') to carry out its statutory responsibilities,
including obtaining audits, technical assistance, and other
support from the Board's audit contractor with regard to
radiation dose estimation and reconstruction efforts, site
profiles, procedures, and review of Special Exposure Cohort
petitions and evaluation reports: Provided, That this amount
shall be available consistent with the provision regarding
administrative expenses in section 151(b) of division B,
title I of Public Law 106-554.
For an additional amount to carry out the activities
listed, and in the amounts specified, under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), $630,000,000, to be
derived by transfer from funds appropriated under section
4002 of the Patient Protection and Affordable Care Act:
Provided, That such funds shall not be available for further
transfer under authority granted in this or any other Act:
Provided further, That the amounts shall be transferred
within 45 days of enactment of this Act.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $5,221,908,000, of
which up to $8,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute-Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $3,168,353,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$422,577,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,849,285,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,673,342,000.
national institute of allergy and infectious diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,929,920,000: Provided, That $300,000,000 may be
made available to International Assistance Programs ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to
remain available until expended.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$2,123,944,000.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,359,515,000.
national eye institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $723,020,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the Public
Health Service Act with respect to environmental health
sciences, $705,733,000.
national institute on aging
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,136,097,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $553,186,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $428,826,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$149,339,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $472,795,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse,
$1,084,288,000.
national institute of mental health
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,524,787,000.
national human genome research institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$527,485,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $324,149,000.
national center for research resources
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,306,868,000.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $131,693,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the Public
Health Service Act with respect
[[Page S9141]]
to minority health and health disparities research,
$217,430,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the Public Health Service Act), $71,967,000.
national library of medicine
For carrying out section 301 and title IV of the Public
Health Service Act (``PHS Act'') with respect to health
information communications, $361,826,000, of which $4,000,000
shall be available until expended for improvement of
information systems: Provided, That in fiscal year 2011, the
National Library of Medicine may enter into personal services
contracts for the provision of services in facilities owned,
operated, or constructed under the jurisdiction of the
National Institutes of Health: Provided further, That in
addition to amounts provided herein, $8,200,000 shall be
available from amounts available under section 241 of the PHS
Act to carry out the purposes of the National Information
Center on Health Services Research and Health Care Technology
established under section 478A of the PHS Act and related
health services.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health (``NIH''),
$1,252,514,000, of which up to $25,000,000 shall be used to
carry out section 213 of this Act: Provided, That funding
shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided
further, That the NIH is authorized to collect third party
payments for the cost of clinical services that are incurred
in NIH research facilities and that such payments shall be
credited to the NIH Management Fund: Provided further, That
all funds credited to such Fund shall remain available for
one fiscal year after the fiscal year in which they are
deposited: Provided further, That up to $194,400,000 shall be
available for continuation of the National Children's Study:
Provided further, That $557,224,000 shall be available for
the Common Fund established under section 402A(c)(1) of the
Public Health Service Act (``PHS Act''): Provided further,
That of the funds provided $10,000 shall be for official
reception and representation expenses when specifically
approved by the Director of the NIH: Provided further, That
the Office of AIDS Research within the Office of the Director
of the NIH may spend up to $8,000,000 to make grants for
construction or renovation of facilities as provided for in
section 2354(a)(5)(B) of the PHS Act: Provided further, That
$50,000,000 shall be available to implement section 402C of
the PHS Act, relating to the Cures Acceleration Network:
Provided further, That if the entirety of the $50,000,000
cannot be obligated for the Cures Acceleration Network in
fiscal year 2011, the Director is authorized to transfer the
remaining funds to the Institutes and Centers, in proportion
to, and for the same purposes as, the appropriations
otherwise made to such Institutes and Centers in this Act, in
order to obligate the full amount available prior to October
1, 2011.
buildings and facilities
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $36,390,000, to remain available until
expended.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
(including transfer of funds)
For carrying out titles III, V, and XIX of the Public
Health Service Act (``PHS Act'') with respect to substance
abuse and mental health services and the Protection and
Advocacy for Individuals with Mental Illness Act,
$3,461,456,000, of which $10,118,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds
appropriated for carrying out section 520A are available for
carrying out section 1971 of the PHS Act: Provided further,
That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart II of part B of title
XIX; (2) $21,039,000 to carry out subpart I of part B of
title XIX of the PHS Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart I of part B of title
XIX; (3) $23,399,000 to carry out national surveys on drug
abuse and mental health; and (4) $8,596,000 to collect and
analyze data and evaluate substance abuse treatment programs:
Provided further, That section 520E(b)(2) of the PHS Act
shall not apply to funds appropriated under this Act for
fiscal year 2011.
For an additional amount to carry out the activities
listed, and in the amounts specified, under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), $88,000,000, to be
derived by transfer from funds appropriated under section
4002 of the Patient Protection and Affordable Care Act:
Provided, That such funds shall not be available for further
transfer under authority granted in this or any other Act:
Provided further, That the amounts shall be transferred
within 45 days of enactment of this Act.
Agency for Healthcare Research and Quality
healthcare research and quality
(including transfer of funds)
For carrying out titles III and IX of the Public Health
Service Act (``PHS Act''), part A of title XI of the Social
Security Act, and section 1013 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003, amounts
received from Freedom of Information Act fees, reimbursable
and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available
until expended: Provided, That the amount made available
pursuant to section 947(c) of the PHS Act shall not exceed
$403,700,000.
For an additional amount to carry out the activities
listed, and in the amounts specified, under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), $12,000,000, to be
derived by transfer from funds appropriated under section
4002 of the Patient Protection and Affordable Care Act:
Provided, That such funds shall not be available for further
transfer under authority granted in this or any other Act:
Provided further, That the amounts shall be transferred
within 45 days of enactment of this Act.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $173,143,799,000, to
remain available until expended.
For making, after May 31, 2011, payments to States or in
the case of section 1928 on behalf of States under title XIX
of the Social Security Act for the last quarter of fiscal
year 2011 for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2012,
$86,445,289,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.
payments to healthcare trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $229,624,000,000.
In addition, for making matching payments under section
1844, and benefit payments under section 1860D-16 of the
Social Security Act, not anticipated in budget estimates,
such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act (``PHS Act''), the
Clinical Laboratory Improvement Amendments of 1988, the
Patient Protection and Affordable Care Act, and the Health
Care and Education Reconciliation Act of 2010, not to exceed
$3,646,147,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary of Health and Human Services pursuant to section
302 of the Tax Relief and Health Care Act of 2006; and such
sums as may be collected from authorized user fees and the
sale of data, which shall be credited to this account and
remain available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited
to and available for carrying out the purposes of this
appropriation: Provided further, That $37,687,000, to remain
available through September 30, 2012, shall be for contract
costs for the Healthcare Integrated General Ledger Accounting
System: Provided further, That $9,120,000, to remain
available through September 30, 2012, shall be for the
Centers for Medicare and Medicaid Services (``CMS'') Medicare
contracting reform activities: Provided further, That
$50,000,000 shall be available for the State high risk health
insurance
[[Page S9142]]
pool program as authorized by the State High Risk Pool
Funding Extension Act of 2006: Provided further, That the
Secretary is directed to collect fees in fiscal year 2011
from Medicare Advantage organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That $4,415,000 shall be used for the
projects, and in the amounts, specified under the heading
``Program Management'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $471,000,000, to remain
available through September 30, 2012, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$280,640,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for
Medicare Advantage and the Medicare Prescription Drug Program
authorized in title XVIII of the Social Security Act and for
activities listed in section 1893 of such Act; of which
$79,657,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and
abuse activities authorized by section 1817(k)(3) of such
Act; of which $35,100,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program
integrity activities; and of which $75,603,000 shall be for
the Department of Justice to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act:
Provided, That the report required by section 1817(k)(5) of
the Social Security Act for fiscal year 2011 shall include
measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960, $2,482,814,000, to
remain available until expended; and for such purposes for
the first quarter of fiscal year 2012, $1,200,000,000, to
remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under
title IV-A of the Social Security Act before the effective
date of the program of Temporary Assistance for Needy
Families with respect to such State, such sums as may be
necessary: Provided, That the sum of the amounts available to
a State with respect to expenditures under such title IV-A in
fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the
limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and
the Act of July 5, 1960, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b), (d), and (e) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $5,000,000,000, of which $4,509,672,000 shall be for
payments under subsections (b) and (d) of such section; and
of which $490,328,000 shall be for payments under subsection
(e) of such section, to be made notwithstanding the
designation requirements of such subsection: Provided, That
all but $839,792,000 of the amount provided in this Act for
subsections (b) and (d) shall be allocated as though the
total appropriation for such payments for fiscal year 2011
was less than $1,975,000,000: Provided further, That
notwithstanding section 2605(b)(2)(B)(ii) of such Act, a
State may use any amount of an allotment from prior
appropriations Acts that is available to that State for
providing assistance in fiscal year 2011, and any allotment
from funds appropriated in this Act or any other
appropriations Act for fiscal year 2011, to provide
assistance to households whose income does not exceed 75
percent of the State median income: Provided further, That
notwithstanding section 2609(A)(a), of the amounts
appropriated under section 2602(b), not more than $5,000,000
of such amounts may be reserved by the Secretary of Health
and Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal
controls, policies, and procedures.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and the Trafficking Victims Protection Act of
2000, for costs associated with the care and placement of
unaccompanied alien children, and for carrying out the
Torture Victims Relief Act of 1998, $767,102,000, of which up
to $10,814,000 shall be available to carry out the
Trafficking Victims Protection Act of 2000: Provided, That
funds appropriated under this heading pursuant to section
414(a) of the Immigration and Nationality Act, section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and the Trafficking Victims Protection Act of
2000 for fiscal year 2011 shall be available for the costs of
assistance provided and other activities to remain available
through September 30, 2013: Provided further, That amounts
available herein for refugee school impact grants under title
IV of the Immigration and Nationality Act shall also be
available for grants by the Secretary of Health and Human
Services to States for the purpose of assisting school
districts serving significant numbers of children who entered
the United States from Haiti during the period January 12,
2010 through May 31, 2010 and who are United States citizens
or Haitian nationals, to meet the educational and related
needs of such children.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990, $2,808,080,000 shall be used to supplement, not
supplant State general revenue funds for child care
assistance for low-income families: Provided, That
$23,224,000 shall be available for child care resource and
referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll-free
hotline: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G,
$358,292,000 shall be reserved by the States for activities
authorized under section 658G, of which $131,400,000 shall be
for activities that improve the quality of infant and toddler
care: Provided further, That $9,910,000 shall be for use by
the Secretary of Health and Human Services for child care
research, demonstration, and evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX
of such Act shall be 10 percent.
children and families services programs
(including transfer of funds)
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 310 and
316 of the Family Violence Prevention and Services Act, the
Native American Programs Act of 1974, title II of the Child
Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), the Abandoned Infants
Assistance Act of 1988, sections 261 and 291 of the Help
America Vote Act of 2002, part B-1 of title IV and sections
413, 1110, and 1115 of the Social Security Act; for making
payments under the Community Services Block Grant Act (``CSBG
Act''), sections 439(i), 473B, and 477(i) of the Social
Security Act, and the Assets for Independence Act; and for
necessary administrative expenses to carry out such Acts and
titles I, IV, V, X, XI, XIV, XVI, and XX of the Social
Security Act, the Act of July 5, 1960, the Low Income Home
Energy Assistance Act of 1981, title IV of the Immigration
and Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, and section 505 of the Family Support
Act of 1988, $10,301,491,000, of which $42,000,000, to remain
available through September 30, 2012, shall be for grants to
States for adoption incentive payments, as authorized by
section 473A of the Social Security Act and may be made for
adoptions completed before September 30, 2011: Provided, That
$8,074,783,000 shall be for making payments under the Head
Start Act: Provided further, That for purposes of allocating
funds described by the immediately preceding proviso, the
following provisions shall apply: (1) the term ``base grant''
as used in section 640(a)(7)(A) of such Act with respect to
funding provided to a Head Start agency (including Early Head
Start) for fiscal year 2010 shall be deemed to include funds
appropriated in the American Recovery and Reinvestment Act of
2009 (``ARRA'') and provided to such agency for carrying out
expansion of Head Start programs, as that phrase is used in
subsection (a)(4)(D) of such section 640, and provided to
such agency as the ongoing funding level for operations in
the 12 month budget period beginning in fiscal year 2010; (2)
in subparagraph (C) of subsection (a)(2) of such section, the
phrase ``not less than 2.5 percent'' shall be deemed to read
``not less than 2.661 percent''; (3) the amount reserved
under subparagraph (C) of subsection (a)(2) of such section
shall be less than the amount that would be reserved under
such subparagraph absent this proviso by a sum of $5,131,935;
(4) the amount reserved under subparagraph (E) of subsection
(a)(2) of such section shall be more than the amount that
would be reserved under such subparagraph absent this proviso
by a sum of $15,000,000; (5)
[[Page S9143]]
of all amounts reserved under subparagraph (E) of subsection
(a)(2) of such section, the Secretary of Health and Human
Services shall use an amount of not less than $15,000,000 for
the purpose of reducing fraud and abuse in the Head Start
(including Early Head Start) program; (6) subsection (a)(3)
of such section shall be deemed to read as follows: ``From
any amount remaining for a fiscal year after the Secretary
carries out paragraph (2), the Secretary shall provide
$10,000,000 for Indian Head Start programs (including Early
Head Start programs), and $10,000,000 for migrant and
seasonal Head Start programs, to increase enrollment in the
programs involved''; and (7) the text of paragraph (4)(B)(i)
of such section shall be deemed to read as follows: ``Under
the circumstances described in clause (ii), from the balance,
the Secretary shall reserve remaining amounts, to be allotted
to each Head Start agency (including Early Head Start) in an
amount that bears the same ratio to such remaining amounts as
the funds appropriated in ARRA and provided to such agency
for carrying out quality improvement activities of Head Start
programs, as that phrase is used in paragraph (5) of this
subsection (which funds shall be referred to in this proviso
as such agency's `ARRA quality improvement funds') bear to
the total of all such agencies' ARRA quality improvement
funds, to carry out such quality improvement activities'':
Provided further, That $850,000,000 shall be for making
payments under the CSBG Act, of which $55,000,000 shall be
for section 680(a)(2) of the CSBG Act: Provided further, That
not less than $10,000,000 shall be for section 680(a)(3)(B)
of the CSBG Act: Provided further, That in addition to
amounts provided herein, $5,762,000 shall be available from
amounts available under section 241 of the Public Health
Service Act to carry out the provisions of section 1110 of
the Social Security Act: Provided further, That to the extent
Community Services Block Grant funds are distributed as grant
funds by a State to an eligible entity as provided under the
CSBG Act, and have not been expended by such entity, they
shall remain with such entity for carryover into the next
fiscal year for expenditure by such entity consistent with
program purposes: Provided further, That the Secretary of
Health and Human Services shall establish procedures
regarding the disposition of intangible assets and program
income that permit such assets acquired with, and program
income derived from, grant funds authorized under section 680
of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments
and other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available
after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be
available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by
community development corporations: Provided further, That
$17,410,000 shall be for activities authorized by the Help
America Vote Act of 2002, of which $12,154,000 shall be for
payments to States to promote access for voters with
disabilities, and of which $5,256,000 shall be for payments
to States for protection and advocacy systems for voters with
disabilities: Provided further, That $2,000,000 shall be for
a human services case management system for federally
declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a
study of the system's effectiveness: Provided further, That
of the funds appropriated under this heading, $1,500,000
shall be transferred to the National Commission on Children
and Disasters to carry out title VI of division G of Public
Law 110-161, and notwithstanding section 611(d)(1) of such
title, the National Commission on Children and Disasters
shall terminate on October 1, 2011: Provided further, That
$22,627,000 shall be used for the projects, and in the
amounts, as specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$365,000,000 and section 437 of such Act, $63,311,000.
payments for foster care and permanency
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $5,366,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, for the first
quarter of fiscal year 2012, $1,850,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
section 474 of title IV-E of the Social Security Act, for the
last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), section 398 and title
XXIX of the Public Health Service Act (``PHS Act''), and
section 119 of the Medicare Improvements for Patients and
Providers Act of 2008 and for necessary administrative
expenses to carry out title XVII of the PHS Act,
$1,633,078,000: Provided, That $3,500,000 shall be used for
the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That amounts under this heading shall be available
for grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and
activities which have been demonstrated to the satisfaction
of the Secretary of Health and Human Services to be evidence-
based and effective: Provided further, That the total amount
available for fiscal year 2011 under this and any other Act,
to carry out activities relating to Aging and Disability
Resource Centers under subsections (a)(20)(B)(iii) and (b)(8)
of section 202 of the OAA, shall not exceed the amount
obligated for such purposes for fiscal year 2010 from funds
available under Public Law 111-117.
Office of the Secretary
general departmental management
(including transfer of funds)
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and
for carrying out titles III, IV, XVII, XX, XXI, and XXVII of
the Public Health Service Act (``PHS Act''), the United
States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act,
$574,149,000; of which $53,891,000 shall be for minority AIDS
prevention and treatment activities: Provided, That in
addition to amounts provided herein, $65,211,000 shall be
available from amounts available under section 241 of the PHS
Act to carry out national health or human services research
and evaluation activities, of which $4,455,000 shall be
available to carry out evaluations (including longitudinal
evaluations) of teenage pregnancy prevention approaches:
Provided further, That none of the funds made available under
this heading shall be available for carrying out activities
specified under section 2003(b)(2) or (3) of title XX of the
PHS Act: Provided further, That of the funds made available
under this heading, $110,000,000 shall be for making
competitive contracts and grants to public and private
entities to fund medically accurate and age appropriate
programs that reduce teen pregnancy and for the Federal costs
associated with administering and evaluating such contracts
and grants, of which not less than $75,000,000 shall be for
replicating programs that have been proven effective through
rigorous evaluation to reduce teenage pregnancy, behavioral
risk factors underlying teenage pregnancy, or other
associated risk factors, of which not less than $25,000,000
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy, and
of which any remaining amounts shall be available for
training and technical assistance, evaluation, outreach, and
additional program support activities: Provided further, That
of the funds made available under this heading, $7,000,000
shall be available only to increase the Department's
acquisition workforce capacity and capabilities, and may be
transferred by the Secretary of Health and Human Services for
that purpose to any other account in the Department (in
addition to any other transfer authority provided in this
Act): Provided further, That funds available under the
previous proviso shall be used only to supplement and not to
supplant existing acquisition workforce activities and may be
used for training, recruitment, retention, and hiring
additional members of the acquisition workforce (as defined
by the Office of Federal Procurement Policy Act), for
information technology in support of acquisition workforce
effectiveness, or for activities to improve acquisition
management: Provided further, That $3,165,000 shall be used
for the projects, and in the amounts, specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
office of medicare hearings and appeals
For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such
Act), $77,798,000, to be transferred in appropriate part from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $38,734,000: Provided, That in
addition to amounts provided herein, $31,108,000 shall be
available from amounts available under section 241 of the
Public Health Service Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $60,754,000: Provided,
[[Page S9144]]
That of such amount, necessary sums shall be available for
providing protective services to the Secretary of Health and
Human Services and investigating non-payment of child support
cases for which non-payment is a Federal offense under 18
U.S.C. 228: Provided further, That at least 40 percent of the
funds provided in this Act for the Office of Inspector
General shall be used only for investigations, audits, and
evaluations pertaining to the discretionary programs funded
in this Act.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$44,382,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
(including transfer of funds)
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $595,578,000; of
which $33,065,000 shall be to support preparedness and
emergency operations; of which $5,000,000, to support
expenses due to response efforts, shall remain available
until expended; and of which $10,000,000, to remain available
through September 30, 2012, shall be to support the delivery
of medical countermeasures: Provided, That of the amount made
available herein for the delivery of medical countermeasures,
up to $8,000,000 may be transferred to the U.S. Postal
Service to support delivery of medical countermeasures.
From funds transferred to this account pursuant to the
fourth paragraph under this heading in Public Law 111-117, up
to $476,194,000 shall be available for expenses necessary to
support advanced research and development pursuant to section
319L of the Public Health Service Act, and other
administrative expenses of the Biomedical Advanced Research
and Development Authority.
For expenses necessary to prepare for and respond to an
influenza pandemic, $65,000,000.
For expenses necessary for fit-out and other costs related
to a competitive lease procurement to renovate or replace the
existing headquarters building for Public Health Service
agencies and other components of the Department of Health and
Human Services, $35,000,000, to remain available until
expended.
From funds provided under this heading in Public Laws 111-8
and 111-117 and available for expenses necessary to prepare
for and respond to an influenza pandemic, $170,000,000 may
also be used (1) to plan, conduct, and support research to
advance regulatory science to improve the ability to
determine safety, effectiveness, quality, and performance of
medical countermeasure products against chemical, biological,
radiological, and nuclear agents including influenza virus,
and (2) to analyze, conduct, and improve regulatory review
and compliance processes for such products.
From funds provided without fiscal year limitation under
this heading in Public Law 111-32, $1,259,000,000 are
rescinded, to be derived only from those amounts which have
not yet been designated by the President as emergency funds.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary of Health and Human Services.
Sec. 202. The Secretary of Health and Human Services shall
make available through assignment not more than 60 employees
of the Public Health Service to assist in child survival
activities and to work in AIDS programs through and with
funds provided by the Agency for International Development,
the United Nations International Children's Emergency Fund or
the World Health Organization.
Sec. 203. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental
Health Services Administration shall be used to pay the
salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level I.
Sec. 204. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health
Service Act, except for funds specifically provided for in
this Act, or for other taps and assessments made by any
office located in the Department of Health and Human
Services, prior to the preparation and submission of a report
by the Secretary of Health and Human Services to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds.
Sec. 205. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary of Health
and Human Services shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation
(directly, or by grants or contracts) of the implementation
and effectiveness of such programs.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That with respect to
appropriations in this Act for ``Health Resources and
Services'', ``Disease Control, Research, and Training'', and
``Substance Abuse and Mental Health Services'', no transfer
of funds under this section may decrease any individual
program, project, or activity by more than 1 percent or
increase any program, project, or activity by more than 3
percent: Provided further, That the transfer authority
granted by this section shall not be used to create any new
program or to fund any project or activity for which no funds
are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate shall be notified not less than 15 days in
advance of any transfer under this section, with such
notification to include an explanation of the effects of the
proposed transfer by program, project, and activity.
(transfer of funds)
Sec. 207. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes and
centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for
the National Institutes of Health, the amount for research
related to the human immunodeficiency virus, as jointly
determined by the Director of the National Institutes of
Health and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public
Health Service Act unless the applicant for the award
certifies to the Secretary of Health and Human Services that
it encourages family participation in the decision of minors
to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
of Health and Human Services denies participation in such
program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the
Secretary shall make appropriate prospective adjustments to
the capitation payment to such an entity (based on an
actuarially sound estimate of the expected costs of providing
the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the
Medicare program's coverage for such services and a Medicare
Advantage organization described in this section shall be
responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 212. In order for the Department of Health and Human
Services to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2011:
(1) The Secretary of Health and Human Services may exercise
authority equivalent to that available to the Secretary of
State in section 2(c) of the State Department Basic
Authorities Act of 1956. The Secretary of Health and Human
Services shall consult with the Secretary of State and
relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 and other
applicable statutes administered by the Department of State.
(2) The Secretary of Health and Human Services is
authorized to provide such funds by advance or reimbursement
to the Secretary of State as may be necessary to pay the
costs of acquisition, lease, alteration, renovation, and
management of facilities outside of the United States for the
use of the Department of Health and Human Services. The
Department of State shall cooperate fully with the Secretary
of Health and
[[Page S9145]]
Human Services to ensure that the Department of Health and
Human Services has secure, safe, functional facilities that
comply with applicable regulation governing location,
setback, and other facilities requirements and serve the
purposes established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with the
Secretary of State, through grant or cooperative agreement,
to make available to public or nonprofit private institutions
or agencies in participating foreign countries, funds to
acquire, lease, alter, or renovate facilities in those
countries as necessary to conduct programs of assistance for
international health activities, including activities
relating to HIV/AIDS and other infectious diseases, chronic
and environmental diseases, and other health activities
abroad.
(3) The Secretary of Health and Human Services is
authorized to provide to personnel appointed or assigned by
the Secretary to serve abroad, allowances and benefits
similar to those provided under chapter 9 of title I of the
Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the Secretary.
The Secretary is further authorized to provide locality-based
comparability payments (stated as a percentage) up to the
amount of the locality-based comparability payment (stated as
a percentage) that would be payable to such personnel under
section 5304 of title 5, United States Code if such
personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this
subsection shall be on the same basis as that provided under
subchapter I of chapter 63 of title 5, United States Code, or
section 903 of the Foreign Service Act of 1980, to
individuals serving in the Foreign Service.
Sec. 213. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of
Health (``Director'') may use funds available under section
402(b)(7) or 402(b)(12) of the Public Health Service Act
(``PHS Act'') to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out
research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities
described in such section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 214. Funds which are available for Individual
Learning Accounts for employees of the Centers for Disease
Control and Prevention (``CDC'') and the Agency for Toxic
Substances and Disease Registry (``ATSDR'') may be
transferred to ``Disease Control, Research, and Training'',
to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual
full-time equivalent employee while such employee is employed
either by CDC or ATSDR.
Sec. 215. Not to exceed $35,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $2,500,000 per project.
(transfer of funds)
Sec. 216. Of the amounts made available for the National
Institutes of Health, 1 percent of the amount made available
for National Research Service Awards (``NRSA'') shall be made
available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in
primary medical care to individuals affiliated with entities
who have received grants or contracts under section 747 of
the Public Health Service Act, and 1 percent of the amount
made available for NRSA shall be made available to the
Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 217. Henceforth, no funds appropriated for a fiscal
year in this or any other or any subsequent Act shall be
subject to the allocation requirements of section 1707A(e) of
the Public Health Service Act.
Sec. 218. (a) In General.--The Health Education Assistance
Loan (``HEAL'') program under title VII, part A, subpart I of
the Public Health Service Act, and the authority to
administer such program, including servicing, collecting, and
enforcing any loans that were made under such program that
remain outstanding, shall be permanently transferred from the
Secretary of Health and Human Services to the Secretary of
Education.
(b) Transfer of Functions, Assets, and Liabilities.--The
functions, assets, and liabilities of the Secretary of Health
and Human Services relating to such program shall be
transferred to the Secretary of Education.
(c) Use of Authorities Under Higher Education Act of
1965.--In servicing, collecting, and enforcing the loans
described in subsection (a), the Secretary of Education shall
have available any and all authorities available to such
Secretary in servicing, collecting, or enforcing a loan made,
insured, or guaranteed under part B of title IV of the Higher
Education Act of 1965.
Sec. 219. Henceforth, no funds appropriated in an
appropriations Act for fiscal year 2011, or in any previous
or subsequent appropriations Act, shall be available for
transfer under section 274 of the Public Health Service Act.
(transfer of funds)
Sec. 220. In addition to any other transfer authority
provided by this Act, the Director of the National Institutes
of Health may transfer funds under the authority granted in
section 402A(d) of the Public Health Service Act, if the
Committees on Appropriations of the House of Representatives
and the Senate are notified not less than 15 days in advance
of any such transfer.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2011''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA''), section 307 of this Act and
section 418A of the Higher Education Act of 1965,
$16,387,212,000, of which $5,453,056,000 shall become
available on July 1, 2011, and shall remain available through
September 30, 2012, and of which $10,841,176,000 shall become
available on October 1, 2011, and shall remain available
through September 30, 2012, for academic year 2011-2012:
Provided, That $6,597,946,000 shall be for basic grants under
section 1124 of the ESEA: Provided further, That up to
$4,000,000 of these funds shall be available to the Secretary
of Education on October 1, 2010, to obtain annually updated
local educational-agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,365,031,000
shall be for concentration grants under section 1124A of the
ESEA: Provided further, That $3,409,712,000 shall be for
targeted grants under section 1125 of the ESEA: Provided
further, That $3,409,712,000 shall be for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $300,000,000 shall be available to carry out
section 307 of this Act: Provided further, That $8,167,000
shall be to carry out sections 1501 and 1503 of the ESEA:
Provided further, That $545,633,000 shall be available for
school improvement grants under section 1003(g) of the ESEA,
which shall be allocated by the Secretary through the formula
described in section 1003(g)(2) and shall be used consistent
with the requirements of section 1003(g), except that State
and local educational agencies may use such funds, and funds
appropriated for section 1003(g) under the American Recovery
and Reinvestment Act of 2009 (``ARRA''), to serve any school
eligible to receive assistance under part A of title I that
has not made adequate yearly progress for at least 2 years or
is in the State's lowest quintile of performance based on
proficiency rates and, in the case of secondary schools,
notwithstanding the eligibility requirements under section
1003(g) of the ESEA, high schools with a graduation rate
below 60 percent and their low-performing feeder middle
schools irrespective of the eligibility of such middle and
high schools to receive assistance under part A of title I of
the ESEA: Provided further, That the grants provided in
accordance with the previous proviso shall not be subject to
the requirement published by the Secretary in the Federal
Register on October 28, 2010 (75 Fed. Reg. 66368) that a
local educational agency that has 9 or more tier I and tier
II schools not implement the transformation model in more
than 50 percent of those schools: Provided further, That each
State educational agency shall ensure that the greater of 40
percent of its allocation under section 1003(g) of the ESEA,
or the amount that bears the same relationship to the State's
allocation under such section as the sum of the number of
students attending high schools with a graduation rate of
less than 60 percent and the number of students attending
their low-performing feeder middle schools bears to the total
number of students attending schools in the State classified
as tier I under the final requirements set forth in 75
Federal Register 66365 (October 28, 2010), as in effect on
the date of enactment of this Act, is spent on improvement
activities in such middle schools and high schools, unless
the State educational agency determines that all such middle
schools and high schools can be served with a lesser amount:
Provided further, That notwithstanding section 1003(g)(5)(A),
each State educational agency may establish a maximum
subgrant size of not more than $2,000,000 for each
participating school applicable to such funds: Provided
further, That $225,000,000 shall be available under section
1502 of the ESEA for a comprehensive literacy development and
education program to advance literacy skills, including pre-
literacy skills, reading, and writing, for students from
birth through grade 12, including limited-English-proficient
students and students with disabilities, of which one-half of
1 percent shall be reserved for the Secretary of the Interior
for such a program at schools funded by the Bureau of Indian
Education, one-half of 1 percent shall be reserved for grants
to the outlying areas for such a program, up to $21,000,000
may be used to continue the initiative on adolescent
literacy, $10,000,000 shall be reserved for formula grants to
States based on each State's relative share
[[Page S9146]]
of funds under part A of title I of the ESEA for fiscal year
2010 except that no State shall receive less than $150,000,
to establish or support a State Literacy Team with expertise
in literacy development and education for children from birth
through grade 12 to assist the State in developing a
comprehensive literacy plan, up to 5 percent may be reserved
for national activities, and the remainder shall be used to
award competitive grants to State educational agencies for
such a program, of which a State educational agency may
reserve up to 5 percent for State leadership activities,
including technical assistance and training, data collection,
reporting, and administration, and shall subgrant not less
than 95 percent to local educational agencies or, in the case
of early literacy, to local educational agencies or other
nonprofit providers of early childhood education that partner
with a public or private nonprofit organization or agency
with a demonstrated record of effectiveness in improving the
early literacy development of children from birth through
kindergarten entry and in providing professional development
in early literacy, giving priority to such agencies or other
entities serving greater numbers or percentages of
disadvantaged children: Provided further, That the State
educational agency shall ensure that at least 15 percent of
the subgranted funds are used to serve children from birth
through age 5, 40 percent are used to serve students in
kindergarten through grade 5, and 40 percent are used to
serve students in middle and high school including an
equitable distribution of funds between middle and high
schools: Provided further, That eligible entities receiving
subgrants from State educational agencies shall use such
funds for services and activities that have the
characteristics of effective literacy instruction through
professional development, screening and assessment, targeted
interventions for students reading below grade level and
other research-based methods of improving classroom
instruction and practice.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$1,298,581,000, of which $1,153,000,000 shall be for basic
support payments under section 8003(b), $50,000,000 shall be
for payments for children with disabilities under section
8003(d), $18,509,000 shall be for construction under section
8007(b) and shall remain available through September 30,
2012, $72,208,000 shall be for Federal property payments
under section 8002, and $4,864,000, to remain available until
expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of
a payment for an eligible local educational agency under
section 8003(a) for school year 2010-2011, children enrolled
in a school of such agency that would otherwise be eligible
for payment under section 8003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a
parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children
reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section,
provided such students remain in average daily attendance at
a school in the same local educational agency they attended
prior to their change in eligibility status: Provided
further, That for the purpose of determining eligibility for
housing claimed under section 8003(a)(4) of such Act, the
Secretary of the applicable Federal agency shall for fiscal
years 2007, 2008, 2009, and 2010 deem eligible all unoccupied
housing identified to be demolished as certified by the
designated representative of the Secretary of the applicable
Federal agency, notwithstanding the availability of funds
designated for the project being demolished for a period not
to exceed 3 years: Provided further, That the Secretary of
Education shall deem each local educational agency that
received a fiscal year 2009 basic support payment for heavily
impacted local educational agencies under section 8003(b)(2)
of such Act as eligible to receive fiscal year 2010 and 2011
basic support payments for heavily impacted local educational
agencies under such section and make a payment to such local
educational agency under such section for fiscal years 2010
and 2011.
School Improvement Programs
For carrying out school improvement activities authorized
by parts A, B, and D of title II, part B of title IV, subpart
9 of part D of title V, parts A and B of title VI, and parts
B and C of title VII of the Elementary and Secondary
Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; part Z of title VIII of the Higher
Education Act (``HEA''); and the Civil Rights Act of 1964,
$5,289,062,000, of which $5,000,000 shall become available on
October 1, 2010 and remain available through September 30,
2011, $3,450,817,000 shall become available on July 1, 2011,
and remain available through September 30, 2012, and of which
$1,681,441,000 shall become available on October 1, 2011, and
shall remain available through September 30, 2012, for
academic year 2011-2012: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation, and modernization of any elementary
school, secondary school, or structure related to an
elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further,
That from the funds referred to in the preceding proviso, not
less than $1,500,000 shall be for a grant to the Department
of Education of the State of Hawaii for the activities
described in such proviso and $1,500,000 shall be for a grant
to the University of Hawaii School of Law for a Center of
Excellence in Native Hawaiian law: Provided further, That
from the funds referred to in the second preceding proviso,
$500,000 shall be for part Z of title VIII of the HEA:
Provided further, That funds made available to carry out part
C of title VII of the ESEA may be used for construction:
Provided further, That up to 100 percent of the funds
available to a State educational agency under part D of title
II of the ESEA may be used for subgrants described in section
2412(a)(2)(B) of such Act: Provided further, That funds made
available under this heading for section 2421 of the ESEA may
be used for activities authorized under section 802 of the
Higher Education Opportunity Act: Provided further, That
State educational agencies may subgrant funds available under
part B of title IV of the ESEA for expanded-learning-time
programs that significantly increase the number of hours in a
regular school schedule and comprehensively redesign the
school schedule: Provided further, That such expanded-
learning-time programs shall provide additional learning time
in the core academic and other subjects, and include
enrichment activities: Provided further, That such after-
school or expanded-learning-time programs shall include
strong partnerships between schools and community partners:
Provided further, That in implementing the program under part
B of title IV of the ESEA, State educational agencies and the
United States Department of Education shall not give priority
or preference regarding the choice to use funds for expanded-
learning-time or after-school programs: Provided further,
That $31,570,000 shall be available to carry out section 203
of the Educational Technical Assistance Act of 2002: Provided
further, That $26,928,000 shall be available to carry out
part D of title V of the ESEA: Provided further, That no
funds appropriated under this heading may be used to carry
out section 5494 under the ESEA: Provided further, That
$17,687,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided
further, That up to 5 percent of these amounts may be
reserved by the Federated States of Micronesia and the
Republic of the Marshall Islands to administer the
Supplemental Education Grants programs and to obtain
technical assistance, oversight and consultancy services in
the administration of these grants and to reimburse the
United States Departments of Labor, Health and Human
Services, and Education for such services: Provided further,
That up to $11,500,000 of the funds available for the Foreign
Language Assistance Program shall be available for 5-year
grants to local educational agencies that would work in
partnership with one or more institutions of higher education
to establish or expand articulated programs of study in
languages critical to United States national security that
will enable successful students to advance from elementary
school through college to achieve a superior level of
proficiency in those languages: Provided further, That of the
funds available for section 2103(a) of the ESEA, $5,000,000
shall be available to continue a national school leadership
partnership initiative and up to $5,000,000 may be used to
carry out a national teacher recruitment campaign.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $130,282,000.
Innovation and Improvement
For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts
B, C, and D of title V, and section 1504 of the Elementary
and Secondary Education Act of 1965 (``ESEA''), sections
14006 and 14007 of division A of the American Recovery and
Reinvestment Act of 2009, and by parts A and F of title VIII
of the Higher Education Act of 1965 (``HEA''),
$1,974,013,000, of which $550,000,000 shall become available
on July 1, 2011 and shall remain available through September
30, 2012: Provided, That the Secretary of Education may use
not more than $550,000,000 for section 14006 of division A of
the American Recovery and Reinvestment Act of 2009 to make
awards to States in accordance with the applicable
requirements of that section: Provided further, That the
Secretary may use $224,000,000 for section 14007 of division
A of the American Recovery and Reinvestment Act of 2009 to
make awards in accordance with applicable requirements of
that section: Provided further, That $10,649,000 shall be
provided to the National Board for Professional Teaching
Standards to carry out section 2151(c) of the ESEA: Provided
further, That from funds for subpart 4, part C of title II of
the ESEA, up to 3 percent shall be available to the Secretary
for technical assistance and dissemination of information:
Provided further, That $505,759,000 shall be available to
carry out part D of title V of the ESEA and
[[Page S9147]]
$9,000,000 shall be available to carry out part A of title
VIII of the HEA: Provided further, That $65,372,000 shall be
used for the projects, and in the amounts, as specified in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That $300,000,000 of the funds for subpart
1 of part D of title V of the ESEA shall be for competitive
grants to local educational agencies, including charter
schools that are local educational agencies, or States, or
partnerships of: (1) a local educational agency, a State, or
both; and (2) at least one non-profit organization to develop
and implement performance-based compensation systems for
teachers, principals, and other personnel in high-need
schools: Provided further, That such performance-based
compensation systems must consider gains in student academic
achievement as well as classroom evaluations conducted
multiple times during each school year among other factors
and provide educators with incentives to take on additional
responsibilities and leadership roles: Provided further, That
recipients of such grants may use such funds to develop or
improve systems and tools (which may be developed and used
for the entire local educational agency or only for schools
served under the grant) that would enhance the quality and
success of the compensation system, such as high-quality
teacher evaluations and tools to measure growth in student
achievement: Provided further, That applications for such
grants shall include a plan to sustain financially the
activities conducted and systems developed under the grant
once the grant period has expired: Provided further, That up
to 5 percent of such funds for competitive grants shall be
available for technical assistance, training, peer review of
applications, program outreach and evaluation activities:
Provided further, That recipients of such grants shall
demonstrate that such performance-based systems are developed
collaboratively with teachers and school leaders and their
representative organizations in the schools and local
educational agencies to be served by the grant and that at
least 60 percent of teachers in the local educational agency
who would be affected by the performance-based compensation
system vote affirmatively for the system before it may be
implemented by the local educational agency, and in the case
of a local educational agency in which there is no exclusive
majority teacher representative, the recipient of such grant
shall certify that at least 60 percent of the teachers in the
local educational agency who would be affected by the system
have voted affirmatively to adopt the system: Provided
further, That recipients of such grants must demonstrate how
opportunities for professional development and collaboration
among teachers directly support the system and allow
teachers, other instructional staff, and principals to
acquire and demonstrate the research-based skills necessary
to improve their practice and student achievement: Provided
further, That of the funds available for part B of title V of
the ESEA, the Secretary shall not use less than $23,031,000
to carry out activities under section 5205(b) and under
subpart 2: Provided further, That of the funds available for
subpart 1 of part B of title V of the ESEA, and
notwithstanding section 5205(a), the Secretary may reserve up
to $50,000,000 to make multiple awards to non-profit charter
management organizations and other entities that are not for-
profit entities for the replication and expansion of
successful charter school models: Provided further, That the
Secretary shall reserve $15,000,000 to carry out the
activities described in section 5205(a), of which $5,000,000
shall be reserved to support activities to strengthen charter
school authorizing by providing technical assistance and
grants to authorized public chartering agencies in order to
increase the number of high-performing charter schools and to
improve quality and oversight of such schools through these
agencies' use of nationally-accepted standards for quality
charter school authorizing: Provided further, That the funds
referenced in the preceding proviso shall not be obligated
prior to submission of a report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds: Provided further,
That new awards under section 5202 of the ESEA shall only be
provided to a State that has in place a system for ensuring
the quality of its authorized public chartering agencies that
(1) makes student academic achievement for all groups of
students described in section 1111(b)(2)(C)(v) of ESEA a
primary factor in charter renewal decisions; (2) requires
each public chartering agency to annually report to the
State, and make publicly available, (a) an independently
audited financial statement for each charter school
authorized by the agency, (b) the academic performance of
each charter school, disaggregated and reported in accordance
with section 1111(h)(1)(C)(i) of ESEA and (c) the legally
binding performance contract with each of its charter schools
that describes the rights, duties, and remedies available to
the school and the public chartering agency, and the date on
which the charter is up for renewal; and (3) provides for
intervention, revocation, or closure of the public chartering
agencies and charter schools that fail to meet the standards
and procedures established in such State system: Provided
further, That each application submitted pursuant to section
5203(a) shall describe a plan to monitor and hold accountable
authorized public chartering agencies through such activities
as providing technical assistance or establishing a
professional development program, which may include planning,
training and systems development for staff of authorized
public chartering agencies to improve the capacity of such
agencies in the State to authorize, monitor, and hold
accountable charter schools.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 1, 2, and 10
of part D of title V of the Elementary and Secondary
Education Act of 1965 (``ESEA''), $458,553,000, of which
$60,000,000 for Promise Neighborhoods shall become available
on October 1, 2010 and remain available through September 30,
2012: Provided, That $217,053,000 shall be available for
subpart 2 of part A of title IV: Provided further, That
$195,000,000 shall be available to carry out part D of title
V: Provided further, That $46,500,000 shall be available to
carry out subpart 3 of part C of title II of the ESEA, of
which $13,383,000 shall be used to carry out section 2345 of
the ESEA; $19,617,000 shall be used to carry out section 2344
(including $2,957,000 for the Center for Civic Education to
implement a comprehensive, joint program to improve public
knowledge, understanding, and support of the Congress and the
State legislatures); $2,000,000 shall be awarded to the
Center on Congress at Indiana University to support a joint
initiative with iCivics; and the remainder of the funds
available to carry out subpart 3 of part C of title II of the
ESEA shall be available to the Secretary of Education for
competitive grants to nonprofit organizations that have
demonstrated effectiveness in the development and
implementation of civic learning programs, with priority for
those programs that demonstrate innovation, scalability,
accountability, and a focus on underserved populations.
English Language Acquisition
For carrying out part A of title III of the Elementary and
Secondary Education Act of 1965, $775,000,000, which shall
become available on July 1, 2011, and shall remain available
through September 30, 2012, except that 6.5 percent of such
amount shall be available on October 1, 2010, and shall
remain available through September 30, 2012, to carry out
activities under section 3111(c)(1)(C): Provided, That the
Secretary of Education may use estimates of the American
Community Survey child counts for the most recent 3-year
period available to calculate allocations under such part.
Special Education
For carrying out the Individuals with Disabilities
Education Act (``IDEA'') and the Special Olympics Sport and
Empowerment Act of 2004, $12,889,940,000, of which
$4,016,354,000 shall become available on July 1, 2011, and
shall remain available through September 30, 2012, and of
which $8,592,383,000 shall become available on October 1,
2011, and shall remain available through September 30, 2012,
for academic year 2011-2012: Provided, That $13,250,000 shall
be for Recording for the Blind and Dyslexic, Inc., to support
the development, production, and circulation of accessible
educational materials: Provided further, That $737,000 shall
be for the recipient of funds provided by Public Law 105-78
under section 687(b)(2)(G) of the IDEA (as in effect prior to
the enactment of the Individuals with Disabilities Education
Improvement Act of 2004) to provide information on diagnosis,
intervention, and teaching strategies for children with
disabilities: Provided further, That the amount for section
611(b)(2) of the IDEA shall be equal to the lesser of the
amount available for that activity during fiscal year 2010,
increased by the amount of inflation as specified in section
619(d)(2)(B) of the IDEA, or the percent change in the funds
appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2010:
Provided further, That funds made available for the Special
Olympics Sport and Empowerment Act of 2004 may be used to
support expenses associated with the Special Olympics
National and World games: Provided further, That $10,000,000
shall be for Best Buddies International, Inc. to increase the
participation of people with intellectual disabilities in
social relationships and other aspects of community life,
including education and employment, within the United States.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act,
$3,535,639,000: Provided, That $2,100,000 shall be used for
the projects, and in the amounts, specified under the heading
``Rehabilitation Services and Disability Research'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That, of the amounts provided under this heading,
$27,000,000 shall remain available through September 30,
2012, and shall be available under title II of the
Rehabilitation Act to the Secretary of Education in
cooperation with the Secretary of Labor and, as appropriate,
other heads of departments and agencies, to identify and
validate innovative strategies or replicate effective
evidence-based strategies, including strategies that align
and strengthen the workforce investment system in order to
improve program delivery and employment and education
outcomes for individuals with disabilities.
[[Page S9148]]
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,600,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$65,677,000, of which $240,000 shall be for construction and
shall remain available until expended: Provided, That from
the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $123,000,000, of which $5,000,000
shall be for construction and shall remain available until
expended: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006,
the Adult Education and Family Literacy Act (``AEFLA''), and
title VIII-D of the Higher Education Amendments of 1998,
$1,922,541,000, of which $1,131,541,000 shall become
available on July 1, 2011, and shall remain available through
September 30, 2012, and of which $791,000,000 shall become
available on October 1, 2011, and shall remain available
through September 30, 2012: Provided, That of the amount
provided for Adult Education State Grants, $75,000,000 shall
be made available for integrated English literacy and civics
education services to immigrants and other limited English
proficient populations: Provided further, That of the amount
reserved for integrated English literacy and civics
education, notwithstanding section 211 of the AEFLA, 65
percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share
of a 10-year average of the United States Citizenship and
Immigration Services data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as
measured by the average of the 3 most recent years for which
United States Citizenship and Immigration Services data for
immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount
less than $60,000: Provided further, That of the amounts made
available for AEFLA, $36,346,000 shall be for national
leadership activities under section 243 and, of that amount,
$25,000,000 shall be available to the Secretary of Education
in cooperation with the Secretary of Labor and, as
appropriate, other heads of departments and agencies, to
identify and validate innovative strategies or replicate
effective evidence-based strategies, including strategies
that align and strengthen the workforce investment system, in
order to improve program delivery and education and
employment outcomes for program beneficiaries.
Student Financial Assistance
(including rescission of funds)
For carrying out subparts 1 and 3 of part A, and part C of
title IV of the Higher Education Act of 1965,
$24,899,957,000, which shall remain available through
September 30, 2012.
The maximum Pell Grant for which a student shall be
eligible during award year 2011-2012 shall be $4,860.
Of the funds made available under section 401A(e)(1)(E) of
the Higher Education Act of 1965, $617,000,000 are rescinded.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 4, 9, and 10 of part A, and parts
B, C, D, and E of title IV of the Higher Education Act of
1965 (``HEA''), $1,011,491,000, which shall remain available
through September 30, 2012: Provided, That of this amount,
not more than $341,866,000 shall be available for loan
servicing contracts as defined by section 456 of the HEA,
unless the Secretary determines that an additional amount is
necessary for this purpose (within the funds available under
this heading) and notifies the Committees on Appropriations
of the House of Representatives and the Senate of that
determination.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the Higher
Education Act of 1965 (``HEA''), section 1543 of the Higher
Education Amendments of 1992, the Mutual Educational and
Cultural Exchange Act of 1961 and section 117 of the Carl D.
Perkins Career and Technical Education Act of 2006,
$2,269,557,000: Provided, That $9,687,000, to remain
available through September 30, 2012, shall be available to
fund fellowships for academic year 2012-2013 under subpart 1
of part A of title VII of the HEA, under the terms and
conditions of such subpart 1: Provided further, That $609,000
shall be for data collection and evaluation activities for
programs under the HEA, including such activities needed to
comply with the Government Performance and Results Act of
1993: Provided further, That notwithstanding any other
provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals
who are participating in advanced foreign language training
and international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That, of the funds appropriated
under this heading, not less than $2,000,000 shall be made
available for the Department of Education to expand study
abroad, pursuant to section 604(b) of the HEA and that the
Secretary of Education may waive limitations of grants to
awardees under 604(c)(2) of that Act: Provided further, That,
of the funds referred to in the preceding proviso,
notwithstanding section 635 of the HEA, the Secretary may use
up to 10 percent of available funds for program
administration including national outreach and evaluation:
Provided further, That notwithstanding any other provision of
law, a recipient of a multi-year award under section 316 of
the HEA, as that section was in effect prior to the date of
enactment of the Higher Education Opportunity Act (``HEOA''),
that would have otherwise received a continuation award for
fiscal year 2011 under that section, shall receive under
section 316, as amended by the HEOA, not less than the amount
that such recipient would have received under such a
continuation award: Provided further, That the portion of the
funds received under section 316 by a recipient described in
the preceding proviso that is equal to the amount of such
continuation award shall be used in accordance with the terms
of such continuation award: Provided further, That
$70,746,000 shall be used for the projects, and in the
amounts, specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That $1,750,000 shall be
used for the programs specified under the ``Fund for the
Improvement of Post Secondary Education'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
notwithstanding section 721(c) of the HEA, funds to carry out
the Thurgood Marshall Legal Education Opportunity Program
under section 721 shall be awarded competitively, and any
recipient shall be authorized to award subcontracts and
subgrants under section 721(f).
Howard University
For partial support of Howard University, $234,977,000, of
which not less than $3,600,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the Higher Education Act of 1965, $461,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,228,000, as
authorized pursuant to part D of title III of the Higher
Education Act of 1965 (``HEA''): Provided, That such costs,
including the cost of modifying such loans, shall be as
defined 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
guaranteed, not to exceed $279,393,000: Provided further,
That these funds may be used to support loans to public and
private historically Black colleges and universities without
regard to the limitations within paragraphs (1) and (2) of
section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $354,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$692,206,000, to remain available through September 30, 2012:
Provided, That funds available to carry out section 208 of
the Educational Technical Assistance Act may be used for
Statewide data systems that include postsecondary and
workforce information and information on children of all
ages: Provided further, That up to $10,000,000 of the funds
available to carry out section 208 of the Educational
Technical Assistance Act may be used for State data
coordinators and for awards to public or private
organizations or agencies to improve data coordination,
quality, and use: Provided further, That notwithstanding
section 174(d) and (e) of the Education Sciences Reform Act
of 2002, $69,650,000 may be used to continue the contracts
for the Regional Educational Laboratories for one additional
year: Provided further, That $2,200,000 of the amount made
available under this heading shall be provided to the
National Academy of Sciences not later than 30 days after
enactment of this Act for a study on teacher evaluation
methods and their uses in systems of
[[Page S9149]]
educational accountability, as described in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $479,875,100, of which
$19,275,000, to remain available until expended, shall be for
relocation of, and renovation of buildings occupied by,
Department staff: Provided, That of the funds made available
under this heading, $2,696,100 shall be available only to
increase the Department's acquisition workforce capacity and
capabilities, and may be transferred by the Secretary of
Education for that purpose to any other account within the
Department (in addition to any other transfer authority
provided in this Act): Provided further, That funds available
under the previous proviso shall be used only to supplement
and not to supplant existing acquisition workforce activities
and may be used for training, recruitment, retention, and
hiring additional members of the acquisition workforce (as
defined in the Office of Federal Procurement Policy Act), for
information technology in support of acquisition workforce
effectiveness, or for activities to improve acquisition
management.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $105,700,000.
office of the inspector general
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $65,238,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer under this section,
with such notification to include an explanation of the
effects of the proposed transfer by program, project, and
activity.
Sec. 305. The Outlying Areas may consolidate funds
received under this Act, pursuant to 48 U.S.C. 1469a, under
part A of title V of the Elementary and Secondary Education
Act.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2011''
for ``2010''.
Sec. 307. (a) In General.--The Secretary of Education shall
establish an Early Learning Challenge Fund to award
competitive grants to States that propose to provide an
integrated system of high-quality early learning programs and
services and to develop, implement or advance a statewide
quality rating and improvement system for early learning
programs. The Secretary of Education shall be responsible for
obligating and disbursing funds and ensuring compliance with
applicable laws and administrative requirements with regard
to this program, and shall administer it jointly with the
Secretary of Health and Human Services on such terms as such
secretaries shall set forth in an interagency agreement.
(b) State Applications.--In order to be considered for a
grant under this section, a State's application shall include
a plan that includes the following--
(1) A description of the quantifiable goals and benchmarks
that the State will establish to demonstrate that receiving a
grant under this section will lead to a greater number and
percentage of low-income and disadvantaged children in each
age group of infants, toddlers, and preschoolers enrolled in
high-quality early learning programs, and an increase in the
number of high-quality early learning programs in low-income
communities.
(2) A description of how the State will implement a
governance structure and an integrated system of high-quality
early learning programs and services that includes the
following components--
(A) State early learning standards and program quality
standards;
(B) A tiered program quality rating and improvement system;
(C) A comprehensive plan that promotes nutrition and
wellness for children in early learning programs;
(D) A comprehensive plan for supporting professional
preparation and the ongoing professional development of an
effective, well-compensated early learning workforce; and
(E) Strategies to ensure the active engagement of parents
and families in the learning and development of their
children including their understanding of the State's quality
rating and improvement system.
(3) An assurance that the State will continue to
participate in section 619 of part B and part C of the
Individuals with Disabilities Education Act for the duration
of the grant.
(4) An assurance that grant funds received will be used
only to supplement, and not supplant, Federal, State, and
local funds otherwise available to support early learning
programs and services.
(5) An assurance that for each fiscal year for which a
State receives funds under this section the expenditures by
the State on early learning programs for such fiscal year
shall not be less than the level of expenditures for such
programs for fiscal year 2011.
(c) Criteria Used in Awarding Grants.--In awarding grants
to States under this section, the Secretary shall evaluate
applications and award grants under such section on a
competitive basis based on--
(1) The quality of the application submitted;
(2) Evidence of significant progress in establishing and
committing to maintain a high-quality system of early
learning for children that integrates the components
described in section (b)(2); and
(3) The State's capacity to fully implement such system.
(d) State Uses of Funds.--A State receiving a grant under
this section shall use the grant (and may make subgrants) to
develop and enhance the components of the high-quality early
learning system described in subsection (b)(2) to improve the
quality of early learning programs and services serving
disadvantaged children.
(e) Reservations of Federal Funds.--The Secretary shall
reserve not more than 2 percent to administer this section
jointly with the Secretary of Health and Human Services for
expenses of both agencies.
(f) Authorization of Appropriations.--There is authorized
to be appropriated, $300,000,000 to carry out this section in
fiscal year 2011.
Sec. 308. (a) Section 206 of the Department of Education
Organization Act (20 U.S.C. 3416) is amended--
(1) by striking out the heading and inserting ``Office of
Career, Technical, and Adult Education'';
(2) by striking out ``Office of Vocational and Adult
Education'' and inserting ``Office of Career, Technical, and
Adult Education'';
(3) by striking out ``Assistant Secretary for Vocational
and Adult Education'' and inserting ``Assistant Secretary for
Career, Technical, and Adult Education''; and
(4) by striking out ``vocational and adult education'' each
place it appears and inserting ``career, technical, and adult
education''.
(b) Section 202 of the Department of Education Organization
Act (20 U.S.C. 3412) is amended--
(1) in subsection (b)(1)(C), by striking out ``Assistant
Secretary for Vocational and Adult Education'' and inserting
``Assistant Secretary for Career, Technical, and Adult
Education''; and
(2) in subsection (h), by striking out ``Assistant
Secretary for Vocational and Adult Education'' each place it
appears and inserting ``Assistant Secretary for Career,
Technical, and Adult Education''.
(c) Section 1 of the Department of Education Organization
Act (20 U.S.C. 3401 note) is amended by striking out the
entry for section 206 and inserting ``Sec. 206. Office of
Career, Technical, and Adult Education.''.
(d) Section 114(b)(1) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2324(b)(1)) is
amended by striking out ``Office of Vocational and Adult
Education'' and inserting ``Office of Career, Technical, and
Adult Education''.
Sec. 309. Section 8002(i)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(i)(1)) is
amended--
(1) by striking ``(not to exceed the amount equal to the
difference between (A) the amount appropriated to carry out
this section for fiscal year 1997 and (B) the amount
appropriated to carry out this section for fiscal year
1996)''; and
(2) by striking ``50 percent'' and inserting ``25
percent''.
[[Page S9150]]
Sec. 310. (a) A ``highly qualified teacher'' includes a
teacher who meets the requirements in 34 C.F.R.
200.56(a)(2)(ii), as published in the Federal Register on
December 2, 2002.
(b) This provision is effective on the date of enactment of
this Act through the end of the 2012-2013 academic year.
This title may be cited as the ``Department of Education
Appropriations Act, 2011''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established by
Public Law 92-28, $5,771,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (``the Corporation'') to carry out the
Domestic Volunteer Service Act of 1973 (``1973 Act'') and the
National and Community Service Act of 1990 (``1990 Act''),
$941,983,000, of which $331,100,000 shall be to carry out the
1973 Act and $610,883,000 shall be to carry out the 1990 Act
and notwithstanding sections 198B(b)(3), 198S(g), and
501(a)(4)(C) of the 1990 Act: Provided, That of the amounts
provided under this heading: (1) up to 1 percent of program
grant funds may be used to defray the costs of conducting
grant application reviews, including the use of outside peer
reviewers and electronic management of the grants cycle; (2)
$5,000,000 shall be available for expenses authorized under
501(a)(4)(F)(ii) of the 1990 Act, which, notwithstanding any
other provision of law, shall be awarded by the Corporation
on a competitive basis to State Commissions; (3) $7,500,000
shall be available for expenses to carry out sections 112(e),
179A, and 198O and subtitle J of title I of the 1990 Act,
notwithstanding section 501(a)(6) of the 1990 Act; (4)
$6,000,000 shall be available for grants to public or private
nonprofit institutions to increase the participation of
individuals with disabilities in national service and for
demonstration activities in furtherance of this purpose,
notwithstanding section 129(k)(1) of the 1990 Act; (5)
$18,000,000 shall be available to provide assistance to State
commissions on national and community service under section
126(a) of the 1990 Act and notwithstanding section
501(a)(5)(B) of the 1990 Act; and (6) $60,000,000 shall be
available for expenses authorized under section 501(a)(4)(E)
of the 1990 Act.
national service trust
(including transfer of funds)
For necessary expenses for the National Service Trust
established under subtitle D of title I of the National and
Community Service Act of 1990 (``1990 Act''), $254,856,000,
to remain available until expended: Provided, That the
Corporation for National and Community Service may transfer
additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of
the 1990 Act to the National Service Trust upon determination
that such transfer is necessary to support the activities of
national service participants and after notice is transmitted
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That
amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the National and Community Service Act
of 1990 and under section 504(a) of the Domestic Volunteer
Service Act of 1973, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, the
employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $100,522,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$9,000,000.
administrative provisions
Sec. 401. The Corporation for National and Community
Service (``the Corporation'') shall make any significant
changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal
year 2011, during any grant selection process, an officer or
employee of the Corporation shall not knowingly disclose any
covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer
or employee of the Corporation that is authorized by the
Corporation to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the National and Community Service Act of
1990, and subject to partial waiver consistent with section
2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to the Corporation for National
and Community Service under section 196 of the National and
Community Service Act of 1990 (``1990 Act'') for the purposes
of financing programs and operations under titles I and II of
the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current
programs and operations.
Sec. 404. Notwithstanding the provisions of section
501(a)(1)(D) of the National and Community Service Act of
1990 (``the 1990 Act''), the Corporation for National and
Community Service shall fund summer of service program grants
authorized under section 119(c)(8) of the 1990 Act from funds
made available to provide financial assistance under
501(a)(1)(F)(iii) of the 1990 Act.
Sec. 405. In addition to the requirements in section
146(a) of the National and Community Service Act of 1990
(``the 1990 Act''), use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the 1990 Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``Corporation''), as authorized by the Communications Act of
1934, an amount which shall be available within limitations
specified by that Act, for the fiscal year 2013,
$460,000,000: Provided, That none of the funds made available
to the Corporation by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That
none of the funds made available to the Corporation by this
Act shall be available or used to aid or support any program
or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further,
That none of the funds made available to the Corporation by
this Act shall be used to apply any political test or
qualification in selecting, appointing, promoting, or taking
any other personnel action with respect to officers, agents,
and employees of the Corporation: Provided further, That none
of the funds made available to the Corporation by this Act
shall be used to support the Television Future Fund or any
similar purpose: Provided further, That for fiscal year 2011,
in addition to the amounts provided above, $36,000,000 shall
be provided for costs related to digital program production,
development, and distribution, associated with the transition
of public broadcasting to digital broadcasting, to be awarded
as determined by the Corporation in consultation with public
radio and television licensees or permittees, or their
designated representatives.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$48,025,000, including $750,000 to remain available through
September 30, 2012, for activities authorized by the Labor-
Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of
any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $14,705,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $270,619,000, of which $4,750,000 shall be used
for the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $13,100,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title
[[Page S9151]]
IV of the Rehabilitation Act of 1973, $3,337,000.
National Health Care Workforce Commission
salaries and expenses
For expenses necessary for the National Health Care
Workforce Commission as authorized by section 5101 of the
Patient Protection and Affordable Care Act, as amended,
$3,000,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $287,100,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $14,972,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $12,051,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $57,000,000, which shall include amounts becoming
available in fiscal year 2011 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2012, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $110,573,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$8,936,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m), 217(g), 228(g), and
1131(b)(2) of the Social Security Act, $21,404,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $40,482,124,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That of the funds
available for the Research and Demonstration program, not
more than $6,300,000 shall be used for the Special Initiative
activity only to support the Financial Literacy Education
Commission program.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2012,
$13,400,000,000, to remain available until expended.
limitation on administrative expenses
(including transfer and rescission of funds)
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$11,629,863,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That funds made available in this
paragraph and remaining unobligated at the end of fiscal year
2011 may be, not later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available
for the purposes for which appropriated, placed in an
``Information Technology and Telecommunications Investment
Fund'' (``ITTI Fund'') to be established within this account
where they shall remain available until expended for
investments in Social Security Administration information
technology and telecommunications hardware and software
infrastructure, including related equipment and non-payroll
administrative expenses: Provided further, That unobligated
balances of appropriations made to this account in prior
fiscal years that remain available for the purposes specified
in the preceding proviso may also be placed in the ITTI Fund
not later than the end of the fifth fiscal year after the
last fiscal year for which such funds are available for the
purposes for which appropriated: Provided further, That the
Commissioner of the Social Security Administration shall
provide information to the Committees on Appropriations of
the House of Representatives and the Senate each year, at the
same time the President's budget is submitted to Congress,
regarding actual or estimated amounts placed in, and
obligated and expended from, the ITTI Fund during the
preceding, current, and succeeding fiscal years, including
the nature and purposes of all such obligations and
expenditures, and regarding the balances remaining (or
expected to remain) in the ITTI Fund as of the close of each
such fiscal year: Provided further, That reimbursement to the
trust funds under this heading for expenditures for official
time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are
made: Provided further, That of the funds made available
under this heading, $1,863,000 shall be available only to
increase the Social Security Administration's acquisition
workforce capacity and capabilities, and may be transferred
by the Commissioner for that purpose to any other account in
the Social Security Administration (in addition to any other
transfer authority provided in this Act): Provided further,
That funds available under the previous proviso shall be used
only to supplement and not to supplant existing acquisition
workforce activities and may be used for training,
recruitment, retention, and hiring additional members of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act), for information technology in
support of acquisition workforce effectiveness, or for
activities to improve acquisition management.
From funds provided under the first paragraph, not less
than $283,000,000 shall be available for the cost associated
with conducting continuing disability reviews under titles II
and XVI of the Social Security Act and for the cost
associated with conducting redeterminations of eligibility
under title XVI of the Social Security Act.
In addition to the amounts made available above, and
subject to the same terms and conditions, $513,000,000, for
additional continuing disability reviews and redeterminations
of eligibility, of which up to $10,000,000 shall be available
to complete implementation of asset verification initiatives:
Provided, That the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the
obligation and expenditure of these additional amounts,
similar to the reports that were required by section
103(d)(2) of Public Law 104-121 for fiscal years 1996 through
2002.
In addition, $186,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2011
exceed $186,000,000, the amounts shall be available in fiscal
year 2012 only to the extent provided in advance in
appropriations Acts.
In addition, up to $500,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
Upon enactment of this Act, $455,700,000 of the remaining
unobligated balances, including expired and non-expired
amounts, of funds appropriated for ``Social Security
Administration--Limitation on Administrative Expenses'' for
fiscal years 2010 and prior years (other than funds
appropriated in Public Law 111-5) shall be made part of and
[[Page S9152]]
merged with the ITTI Fund, and of such funds $455,700,000 are
rescinded.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $30,000,000, together with not to exceed
$76,122,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any
State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. None of the funds contained in this Act may be
used to distribute any needle or syringe for the purpose of
preventing the spread of blood borne pathogens in any
location that has been determined by the local public health
or local law enforcement authorities to be inappropriate for
such distribution.
Sec. 506. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 509. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section
2441(a) of such Act, as amended by the Children's Internet
Protection Act and the No Child Left Behind Act, unless the
local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2)
of such section.
Sec. 516. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2011, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
[[Page S9153]]
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2011, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier.
Sec. 517. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate scientific information that is
deliberately false or misleading.
Sec. 518. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2011 that are different than those specified in
this Act, the accompanying detailed table in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) or the fiscal year 2011
budget request.
Sec. 519. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000 in value and awarded by the Department on a non-
competitive basis during each quarter of fiscal year 2011,
but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the
governmental purpose, including a justification for issuing
the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of
the quarter for which the report is submitted.
Sec. 520. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 521. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 522. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the 3 years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 524. The policy regarding public access to research
results established for the National Institutes of Health by
section 217 of division F of Public Law 111-8 shall apply to
all Departments funded in this Act having more than
$100,000,000 in annual expenditures for extramural research.
Except with respect to the National Institutes of Health, the
Secretaries of the Departments affected may designate other
suitable online depositories to be used in lieu of the
National Library of Medicine's PubMed Central.
Sec. 525. Section 6402(f)(3)(C) of the Internal Revenue
Code of 1986, as amended by section 801(a)(3)(C) of the
Claims Resolution Act of 2010, is further amended by striking
``not''.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2011''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2011
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate,
$40,000; Majority Whip of the Senate, $10,000; Minority Whip
of the Senate, $10,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen
of the Majority and Minority Policy Committees, $5,000 for
each Chairman; in all, $180,000.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$185,982,000, which shall be paid from this appropriation
without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,517,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $752,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$5,212,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,288,000.
committee on appropriations
For salaries of the Committee on Appropriations,
$15,844,000.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,726,000 for each such
committee; in all, $3,452,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $850,000.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,763,000 for each such
committee; in all, $3,526,000.
office of the chaplain
For Office of the Chaplain, $415,000.
office of the secretary
For Office of the Secretary, $25,790,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$77,000,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,836,000.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $45,500,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $7,154,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,544,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,500; Sergeant at Arms and Doorkeeper of the Senate,
$7,500; Secretary for the Majority of the Senate, $7,500;
Secretary for the Minority of the Senate, $7,500; in all,
$30,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted
[[Page S9154]]
under paragraph 1 of rule XXVI of the Standing Rules of the
Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate
Resolution 281, 96th Congress, agreed to March 11, 1980,
$140,500,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on
International Narcotics Control, $520,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate
$6,200,000 of which $4,200,000 shall remain available until
September 30, 2015.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $142,401,000, which shall remain
available until September 30, 2015.
miscellaneous items
For miscellaneous items, $19,145,000.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $422,000,000.
official mail costs
For expenses necessary for official mail costs of the
Senate, $300,000.
administrative provision
acquisition of goods, services, or space
Sec. 1. Section 8 of the Legislative Branch Appropriations
Act, 1990 (31 U.S.C. 1535 note) is amended by striking
paragraph (3) and inserting the following:
``(3) Agreement under paragraph (1) shall be in accordance
with regulations prescribed by the Committee on Rules and
Administration of the Senate.''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,371,172,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law,
$26,157,000, including: Office of the Speaker, $5,143,000,
including $25,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $2,560,000, including
$10,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $4,622,000, including $10,000
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$2,222,000, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $1,713,000, including $5,000 for
official expenses of the Minority Whip; Speaker's Office for
Legislative Floor Activities, $518,000; Republican Steering
Committee, $984,000; Republican Conference, $1,771,000;
Republican Policy Committee, $360,000; Democratic Steering
and Policy Committee, $1,371,000; Democratic Caucus,
$1,744,000; nine minority employees, $1,553,000; training and
program development--majority, $290,000; training and program
development--minority, $290,000; Cloakroom Personnel--
majority, $508,000; and Cloakroom Personnel--minority,
$508,000.
Members' Representational Allowances Including Members' Clerk Hire,
Official Expenses of Memebers, and Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$652,000,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $147,878,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2012.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $31,300,000, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2012.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $193,011,000, including: for salaries and
expenses of the Office of the Clerk, including not more than
$33,000, of which not more than $30,000 is for the Family
Room, for official representation and reception expenses,
$29,265,000; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of
Garages, and including not more than $3,000 for official
representation and reception expenses, $16,538,000 of which
$7,044,000 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer, including not more than $3,000 for
official representation and reception expenses, $123,209,000,
of which $3,937,000 shall remain available until expended and
$20,000,000 shall not be available for obligation until the
Committee on Appropriations of the House of Representatives
and the Committee on House Administration receive the House
Services Action Plan from the Chief Administrative Officer;
for salaries and expenses of the Office of the Inspector
General, $5,207,000; salaries and expenses of the Office of
General Counsel, $1,437,000; for the Office of the Chaplain,
$176,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for
preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,092,000;
for salaries and expenses of the Office of the Law Revision
Counsel of the House, $3,361,000; for salaries and expenses
of the Office of the Legislative Counsel of the House,
$8,890,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $878,000; for other authorized
employees, $1,355,000; and for salaries and expenses of the
Office of the Historian, including the cost of the House
Fellows Program (including lodging and related expenses for
visiting Program participants), $603,000.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $320,826,000, including: supplies,
materials, administrative costs and Federal tort claims,
$4,323,000; official mail for committees, leadership offices,
and administrative offices of the House, $201,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $286,316,000, including
employee tuition assistance benefit payments, $3,500,000, if
authorized, and employee child care benefit payments,
$1,000,000, if authorized; Business Continuity and Disaster
Recovery, $22,031,000; transition activities for new members
and staff, $2,664,000; Wounded Warrior Program, $2,500,000,
to remain available until expended; Office of Congressional
Ethics, $2,020,000; and miscellaneous items including
purchase, exchange, maintenance, repair and operation of
House motor vehicles, interparliamentary receptions, and
gratuities to heirs of deceased employees of the House,
$771,000.
Child Care Center
For salaries and expenses of the House of Representatives
Child Care Center, such amounts as are deposited in the
account established by section 312(d)(1) of the Legislative
Branch Appropriations Act, 1992 (2 U.S.C. 2062), subject to
the level specified in the budget of the Center, as submitted
to the Committee on Appropriations of the House of
Representatives.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances to Be Used for Deficit Reduction
or to Reduce the Federal Debt.--Notwithstanding any other
provision of law, any amounts appropriated under this Act for
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2011. Any amount remaining after all payments are
made under such allowances for fiscal year 2011 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to
prescribe regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to, the Congress.
transfer of house emergency planning, preparedness, and operations
functions to sergeant at arms
Sec. 102. (a) Termination of OEPPO.--Section 905 of the
Emergency Supplemental Act, 2002 (2 U.S.C. 130i) is repealed.
(b) Transfer to Sergeant At Arms.--The functions and
responsibilities of the Office of Emergency Planning,
Preparedness, and Operations under section 905 of the
Emergency Supplemental Act, 2002 (2 U.S.C. 130i) (as in
effect on the day before the date referred to in subsection
(c)) shall be transferred and assigned to the Sergeant At
Arms of the House of Representatives.
(c) Effective Date.--This section and the amendment made by
this section shall take effect February 1, 2010.
JOINT ITEMS
For Joint Items, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,814,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $11,327,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month
to the Attending Physician; (2) an allowance of $1,300 per
month to the Senior Medical Officer; (3) an allowance of $725
per month each to three medical officers while on duty in the
Office of the Attending Physician; (4) an allowance of $725
per month to
[[Page S9155]]
two assistants and $580 per month each not to exceed 11
assistants on the basis heretofore provided for such
assistants; and (5) $2,426,000 for reimbursement to the
Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,407,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
salaries and expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,377,000, to be disbursed by the
Secretary of the Senate.
technical correction
Sec. 1001. (a) In General.--Section 102(a) of the
Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c-
5(a)) is amended--
(1) in paragraph (1), by inserting ``, except as provided
under subsection (b)(3)'' after ``means an individual''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Employee of the senate.--The term `employee of the
Senate'--
``(A) has the meaning given the term under section 101 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1301);
and
``(B) includes any employee of the Office of Congressional
Accessibility Services whose pay is disbursed by the
Secretary of the Senate.
``(3) Employing office.--The term `employing office'--
``(A) means the employing office, as defined under section
101 of the Congressional Accountability Act of 1995 (2 U.S.C.
1301), of an employee of the Senate; and
``(B) includes the Office of Congressional Accessibility
Services with respect to employees of that office whose pay
is disbursed by the Secretary of the Senate.''.
(b) Exclusion From Participation in Dual Programs.--Section
102(b) of the Legislative Branch Appropriations Act, 2002 (2
U.S.C. 60c-5(b)) is amended by adding at the end the
following:
``(3) Exclusion from participation in dual programs.--
Notwithstanding section 5379 of title 5, United States Code,
an employee of the Office of Congressional Accessibility
Services may not participate in the student loan repayment
program through an agreement under that section and
participate in the student loan repayment program through a
service agreement under this section at the same time.''.
(c) Effective Date and Application.--The amendments made by
this section shall take effect on the date of enactment of
this Act and apply to service agreements entered into under
section 102 of the Legislative Branch Appropriations Act,
2002 (2 U.S.C. 60c-5) or section 5379 of title 5, United
States Code, on or after that date.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$279,224,000, of which $1,945,000 shall remain available
until September 30, 2014, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $57,985,000, to be disbursed by the Chief
of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law
Enforcement Training Center for fiscal year 2011 shall be
paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
Administrative Provisions
transfer authority
Sec. 1101. Amounts appropriated for fiscal year 2011 for
the Capitol Police may be transferred between the headings
``Salaries'' and ``General Expenses'' upon the approval of
the Committees on Appropriations of the House of
Representatives and the Senate.
use of funds for the truck interdiction monitoring program
Sec. 1102. (a) Notwithstanding section 1018(d) of the
Legislative Branch Appropriations Act, 2003 (2 U.S.C.
1907(d)), the use of any funds appropriated to the United
States Capitol Police during fiscal year 2003 for transfer
relating to the Truck Interdiction Monitoring Program to the
working capital fund established under section 328 of title
49, United States Code is ratified.
(b) Nothing in subsection (a) may be construed to waive
sections 1341, 1342, 1349, 1350, or 1351 of title 31, United
States Code, or subchapter II of chapter 15 of such title
(commonly known as the ``Anti-Deficiency Act'').
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $4,377,000, of which $884,000
shall remain available until September 30, 2012: Provided,
That not more than $500 may be expended on the certification
of the Executive Director of the Office of Compliance in
connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $46,905,000.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for
surveys and studies in connection with activities under the
care of the Architect of the Capitol; for all necessary
expenses for the general and administrative support of the
operations under the Architect of the Capitol including the
Botanic Garden; electrical substations of the Capitol, Senate
and House office buildings, and other facilities under the
jurisdiction of the Architect of the Capitol; including
furnishings and office equipment; including not more than
$5,000 for official reception and representation expenses, to
be expended as the Architect of the Capitol may approve; for
purchase or exchange, maintenance, and operation of a
passenger motor vehicle, and for lease payments on behalf of
the United States Capitol Historical Society, $109,294,000,
of which $7,499,000 shall remain available until September
30, 2015.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $52,916,000, of which $25,526,000
shall remain available until September 30, 2015.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $9,988,000.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $81,112,000, of which
$19,474,000 shall remain available until September 30, 2015.
House Office Buildings
For necessary expenses for the maintenance, care and
operation of the House office buildings, $75,619,000, of
which $25,323,000 shall remain available until September 30,
2015. In addition, for a payment to the House Historic
Buildings Revitalization Trust Fund, $40,000,000, to remain
available until expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $109,069,000, of which $15,100,000
shall remain available until September 30, 2015: Provided,
That not more than $8,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2011.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $40,796,000, of which $13,857,000
shall remain available until September 30, 2015.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computer Facility, and AOC security operations,
$26,266,000, of which $6,436,000 shall remain available until
September 30, 2015.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
[[Page S9156]]
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $13,834,000, of which $1,505,000 shall remain
available until September 30, 2015: Provided, That of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $22,771,000.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; activities under the
Civil Rights History Project Act of 2009; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by
the Board, $443,345,000, of which not more than $6,000,000
shall be derived from collections credited to this
appropriation during fiscal year 2011, and shall remain
available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than
$350,000 shall be derived from collections during fiscal year
2011 and shall remain available until expended for the
development and maintenance of an international legal
information database and activities related thereto:
Provided, That the Library of Congress may not obligate or
expend any funds derived from collections under the Act of
June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$6,350,000: Provided further, That of the total amount
appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for the
Overseas Field Offices: Provided further, That of the total
amount appropriated, $7,315,000 shall remain available until
expended for the digital collections and educational
curricula program.
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office,
$55,994,000, of which not more than $28,751,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2011 under
section 708(d) of title 17, United States Code: Provided,
That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$5,639,000 shall be derived from collections during fiscal
year 2011 under sections 111(d)(2), 119(b)(2), 803(e), 1005,
and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the
amount by which collections are less than $34,390,000:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than
$4,250 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and
reception expenses for activities of the International
Copyright Institute and for copyright delegations, visitors,
and seminars: Provided further, That notwithstanding any
provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are
attributable to royalty fees and payments received by the
Copyright Office pursuant to sections 111, 119, and chapter
10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with
the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $114,341,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$70,500,000, of which $30,599,000 shall remain available
until expended: Provided, That of the total amount
appropriated, $650,000 shall be available to contract to
provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 1301. (a) In General.--For fiscal year 2011, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$148,064,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.
(c) Transfer of Funds.--During fiscal year 2011, the
Librarian of Congress may temporarily transfer funds
appropriated in this Act, under the heading ``Library of
Congress'', under the subheading ``Salaries and Expenses'',
to the revolving fund for the FEDLINK Program and the Federal
Research Program established under section 103 of the Library
of Congress Fiscal Operations Improvement Act of 2000 (Public
Law 106-481; 2 U.S.C. 182c): Provided, That the total amount
of such transfers may not exceed $1,900,000: Provided
further, That the appropriate revolving fund account shall
reimburse the Library for any amounts transferred to it
before the period of availability of the Library
appropriation expires.
transfer authority
Sec. 1302. (a) In General.--Amounts appropriated for fiscal
year 2011 for the Library of Congress may be transferred
during fiscal year 2011 between any of the headings under the
heading ``Library of Congress'' upon the approval of the
Committees on Appropriations of the Senate and the House of
Representatives.
(b) Limitation.--Not more than 10 percent of the total
amount of funds appropriated to the account under any heading
under the heading ``Library of Congress'' for fiscal year
2011 may be transferred from that account by all transfers
made under subsection (a).
funds available for workers compensation payments
Sec. 1303. (a) In General.--Unobligated balances of expired
Library of Congress appropriations for fiscal year 2011 and
each fiscal year thereafter shall be available to the Library
of Congress to make the deposit to the credit of the
Employees' Compensation Fund required by subsection 8147(b)
of title 5, United States Code.
(b) Effective Date.--This section shall apply with respect
to appropriations for fiscal year 2011 and each fiscal year
thereafter.
proceeds from disposition of surplus or obsolete property
Sec. 1304. (a) In General.--Within the limits of available
appropriations, the Librarian of Congress may dispose of
surplus or obsolete personal property of the Library of
Congress by inter-agency transfer, donation, sale, trade-in,
or discarding. Amounts received for the sale or trade-in of
personal property shall be credited to funds available for
the operations of the Library of Congress and be available
for the costs of acquiring similar property. Such funds shall
be available for such purposes during the fiscal year
received and the following fiscal year.
(b) Effective Date.--This section shall apply with respect
to fiscal year 2011 and each fiscal year thereafter.
nonappropriated funds initiatives
Sec. 1305. (a) Revolving Funds.--The Library of Congress
Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182a et
seq.; Public Law 106-481) is amended--
(1) in section 101 (2 U.S.C. 182a)--
(A) in the section heading, by striking ``duplication'';
(B) in subsection (a)--
(i) by striking ``duplication and delivery services
provided by'' and inserting ``the following programs and
activities of'';
(ii) by striking the period and inserting a colon; and
(iii) by adding at the end the following:
``(1) Duplication and delivery services.
``(2) Storage of audiovisual materials.''; and
(2) in section 102(a) (2 U.S.C. 182b(a)), by adding at the
end the following:
``(5) Traveling exhibitions.
``(6) Training.''.
(b) Gifts.--Section 4 of the Act entitled ``An Act to
create a Library of Congress Trust Fund Board, and for other
purposes'', approved March 3, 1925 (2 U.S.C. 160), is
amended--
(1) in the first undesignated paragraph--
(A) in the first sentence--
(i) by striking ``Nothing'' and inserting ``(a) In
General.--Nothing'';
(ii) by striking ``gifts or bequests of money for immediate
disbursement'' and inserting ``and''; and
(iii) by inserting ``, gifts or bequests of personal
property, nonpersonal services, voluntary and uncompensated
personal services, or money for immediate disbursement''
before the period;
[[Page S9157]]
(B) in the second sentence, by inserting ``of money'' after
``bequests'';
(C) in the third sentence, by striking ``enter them'' and
inserting ``enter the gift, bequest, or proceeds''; and
(D) by inserting ``In the case of a gift of securities, the
librarian shall sell the securities and provide the donor
with a receipt from the proceeds of the sale.'' after the
second sentence; and
(2) by adding at the end the following:
``(b) Reporting, Disclosure, and Notification
Requirements.--
``(1) Reporting and disclosure.--
``(A) Issuance.--Each year the Librarian of Congress shall
issue a public report that discloses--
``(i) each gift or bequest accepted under subsection (a),
including each gift or bequest of personal property,
nonpersonal services, voluntary and uncompensated personal
services, or money for immediate disbursement; and
``(ii) details of any financial transaction required under
subsection (a) relating to each of those gifts or bequests.
``(B) Publication.--Each public report issued under
subparagraph (A) shall be published in the Annual Report of
the Librarian of Congress and the annual Financial Statements
of the Library of Congress, with specific pagination of each
gift or bequest listed in the table of contents or index.
``(C) Website public access.--The Annual Report of the
Librarian of Congress and the annual Financial Statements of
the Library of Congress, including the public report issued
under subparagraph (A), shall be posted on the website of the
Library of Congress for public access.
``(2) Notification.--Not later than 5 business days before
acceptance or rejection of any gift or bequest under
subsection (a), the Librarian of Congress shall notify the
Chairman and the Vice-Chairman of the Joint Committee on the
Library of--
``(A) the determination of the Librarian of Congress to
accept or reject that gift or bequest; and
``(B) if the gift or bequest is accepted, the details of
all financial transactions relating to that gift or
bequest.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2011, and each fiscal
year thereafter.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
For authorized printing and binding for the Congress and
the distribution of Congressional information in any format;
printing and binding for the Architect of the Capitol;
expenses necessary for preparing the semimonthly and session
index to the Congressional Record, as authorized by law
(section 902 of title 44, United States Code); printing and
binding of Government publications authorized by law to be
distributed to Members of Congress; and printing, binding,
and distribution of Government publications authorized by law
to be distributed without charge to the recipient,
$96,652,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of
title 44, United States Code: Provided further, That this
appropriation shall be available for the payment of
obligations incurred under the appropriations for similar
purposes for preceding fiscal years: Provided further, That
notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated
or made available under this Act or any other Act for
printing and binding and related services provided to
Congress under chapter 7 of title 44, United States Code, may
be expended to print a document, report, or publication after
the 27-month period beginning on the date that such document,
report, or publication is authorized by Congress to be
printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for
preceding fiscal years may be transferred to the Government
Printing Office revolving fund for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.
Office of Superintendent of Documents
salaries and expenses
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of
Government publications and their distribution to the public,
Members of Congress, other Government agencies, and
designated depository and international exchange libraries as
authorized by law, $42,682,000: Provided, That amounts of not
more than $2,000,000 from current year appropriations are
authorized for producing and disseminating congressional
serial sets and other related publications for fiscal years
2009 and 2010 to depository and other designated libraries:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for
preceding fiscal years may be transferred to the Government
Printing Office revolving fund for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.
Government Printing Office Revolving Fund
For payment to the Government Printing Office Revolving
Fund, $8,127,000 for information technology development,
facilities repair, and continuity of operations: Provided,
That the Government Printing Office is hereby authorized to
make such expenditures, within the limits of funds available
and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs and purposes
set forth in the budget for the current fiscal year for the
Government Printing Office revolving fund: Provided further,
That not more than $7,500 may be expended on the
certification of the Public Printer in connection with
official representation and reception expenses: Provided
further, That the revolving fund shall be available for the
hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Public
Printer shall be deemed necessary to carry out the provisions
of title 44, United States Code: Provided further, That the
revolving fund shall be available for temporary or
intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more
than the daily equivalent of the annual rate of basic pay for
level V of the Executive Schedule under section 5316 of such
title: Provided further, That activities financed through
the revolving fund may provide information in any format:
Provided further, That the revolving fund and the funds
provided under the headings ``Office of Superintendent of
Documents'' and ``Salaries and Expenses'' may not be used for
contracted security services at GPO's passport facility in
the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $558,430,000: Provided, That
not more than $9,400,000 of payments received under section
782 of title 31, United States Code, shall be available for
use in fiscal year 2011: Provided further, That not more
than $3,100,000 of reimbursements received under section 9105
of title 31, United States Code, shall be available for use
in fiscal year 2011: Provided further, That not more than
$7,000,000 of reimbursements received under section 3521 of
title 31, United States Code, shall be available for use in
fiscal year 2011: Provided further, That this appropriation
and appropriations for administrative expenses of any other
department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental
Audit Forum shall be available to finance an appropriate
share of either Forum's costs as determined by the respective
Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to
the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially
financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $12,000,000.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2011
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the
[[Page S9158]]
Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is
appropriated for or the rate of compensation or designation
of any office or position appropriated for is different from
that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the
permanent law with respect thereto: Provided, That the
provisions in this Act for the various items of official
expenses of Members, officers, and committees of the Senate
and House of Representatives, and clerk hire for Senators and
Members of the House of Representatives shall be the
permanent law with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued under existing law.
awards and settlements
Sec. 205. Such sums as may be necessary are appropriated
to the account described in subsection (a) of section 415 of
the Congressional Accountability Act of 1995 (2 U.S.C.
1415(a)) to pay awards and settlements as authorized under
such subsection.
costs of lbfmc
Sec. 206. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
landscape maintenance
Sec. 207. The Architect of the Capitol, in consultation
with the District of Columbia, is authorized to maintain and
improve the landscape features, excluding streets, in the
irregular shaped grassy areas bounded by Washington Avenue,
SW, on the northeast, Second Street, SW, on the west, Square
582 on the south, and the beginning of the I-395 tunnel on
the southeast.
limitation on transfers
Sec. 208. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
guided tours of the capitol
Sec. 209. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
(rescission)
Sec. 210. Of the unobligated balances available to the
Architect of the Capitol from prior year appropriations for
the Capitol Visitor Center project, $20,000,000 are hereby
rescinded.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2011''.
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $3,891,395,000 to remain available until
September 30, 2015, of which $190,000,000 shall be for
trainee troop housing facilities: Provided, That of this
amount, not to exceed $263,783,000 shall be available for
study, planning, design, architect and engineer services, and
host nation support, as authorized by law, unless the
Secretary of the Army determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That, not later than 30 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for the funds provided for trainee troop
housing facilities: Provided further, That none of the funds
provided under this heading for military construction
supporting new initiatives in Germany as identified in the
table entitled ``Military Construction'' as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) may be
obligated or expended until the Department of Defense
completes an evaluation of the North Atlantic Treaty
Organization Strategic Concept Review and an accompanying
United States assessment of its defense posture in Europe,
and a ``Front End Assessment'' of the Department's global
posture for the fiscal year 2012 to 2016 program budget
review cycle, and the Secretary of Defense provides to the
congressional defense committees a certification of the
requirement identified by the assessments for each of the
Army military construction projects in Germany funded in this
section.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$3,506,557,000, to remain available until September 30, 2015:
Provided, That of this amount, not to exceed $128,970,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,296,967,000, to
remain available until September 30, 2015: Provided, That of
this amount, not to exceed $84,401,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Defense-Wide
(including transfer and rescissions of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $3,145,614,000,
to remain available until September 30, 2015: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $449,041,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount appropriated, notwithstanding any other
provision of law, $31,863,000 shall be available for payments
to the North Atlantic Treaty Organization for the planning,
design, and construction of a new North Atlantic Treaty
Organization headquarters: Provided further, That of the
unobligated balances available under the heading ``Military
Construction, Defense-Wide'' in title I of division E of
Public Law 111-117, $125,500,000 is hereby rescinded:
Provided further, That of the unobligated balances available
under the heading ``Military Construction, Defense-Wide'' in
title I of division E of Public Law 110-329, $23,000,000 is
hereby rescinded.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$1,125,628,000, to remain available until September 30, 2015,
of which $60,000,000 shall be for critical unfunded
requirements: Provided, That of the amount appropriated, not
to exceed $64,836,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Director of the Army National Guard
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That, not later than 30 days
after the date of the enactment of this Act, the Director of
the Army National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for the funds provided for critical unfunded requirements.
[[Page S9159]]
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$441,549,000, to remain available until September 30, 2015,
of which $50,000,000 shall be for critical unfunded
requirements: Provided, That of the amount appropriated, not
to exceed $37,177,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Director of the Air National Guard determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor:
Provided further, That, not later than 30 days after the date
of the enactment of this Act, the Director of the Air
National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for the funds provided for critical unfunded requirements.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $388,064,000, to remain
available until September 30, 2015, of which $30,000,000
shall be for critical unfunded requirements: Provided, That
of the amount appropriated, not to exceed $27,289,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of the Army determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That, not later than 30 days after the date of the enactment
of this Act, the Chief of Army Reserve shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for the funds provided for critical unfunded
requirements.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $91,557,000, to remain available until September 30,
2015, of which $15,000,000 shall be for critical unfunded
requirements of the Navy Reserve and $15,000,000 shall be for
critical unfunded requirements of the Marine Forces Reserve:
Provided, That of the amount appropriated, not to exceed
$1,857,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor: Provided further,
That, not later than 30 days after the date of the enactment
of this Act, the Chief of Navy Reserve and the Commander,
Marine Forces Reserve shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for the funds provided for critical unfunded requirements.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $48,182,000, to remain
available until September 30, 2015, of which $30,000,000
shall be for critical unfunded requirements: Provided, That
of the amount appropriated, not to exceed $2,503,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of the Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That, not later than 30 days after the date of the enactment
of this Act, the Chief of Air Force Reserve shall submit to
the Committees on Appropriations of both Houses of Congress
an expenditure plan for the funds provided for critical
unfunded requirements.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $258,884,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended for purposes
of section 2806 of title 10, United States Code, and sections
2501 and 2502 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84).
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$92,369,000, to remain available until September 30, 2015.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $518,140,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $186,444,000, to remain available until September 30,
2015.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $366,346,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$78,025,000, to remain available until September 30, 2015.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $513,792,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $50,464,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $1,096,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Homeowners Assistance Fund
For the Homeowners Assistance Fund established by section
1013 of the Demonstration Cities and Metropolitan Development
Act of 1966, (42 U.S.C. 3374), as amended by section 1001 of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 194), $16,515,000, to
remain available until expended.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile
of lethal chemical agents and munitions in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law,
$124,971,000, to remain available until September 30, 2015,
which shall be only for the Assembled Chemical Weapons
Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $450,474,000, to remain available until expended.
Department of Defense Base Closure Account 2005
(including rescission of funds)
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $2,354,285,000, to remain available until
expended: Provided, That the Department of Defense shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to obligating an amount for a
construction project that exceeds or reduces the amount
identified for that project in the most recently submitted
budget request for this account by 20 percent or $2,000,000,
whichever is less: Provided further, That the previous
proviso shall not apply to projects costing less than
$5,000,000, except for those projects not previously
identified in any budget submission for this account and
exceeding the minor construction threshold under section 2805
of title 10, United States Code: Provided further, That of
the unobligated balances available under this heading from
prior appropriations Acts, $200,000,000 is hereby rescinded:
Provided further, That no funds may be rescinded from amounts
that were designated by the Congress as an emergency
requirement pursuant
[[Page S9160]]
to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to
a foreign contractor: Provided, That this section shall not
be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of the plans and scope of
any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended
for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation
during the current fiscal year shall be obligated during the
last 2 months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.
(including transfer of funds)
Sec. 119. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883, of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
Sec. 120. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the Committees on
Appropriations of both Houses of Congress the notice
described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice
of any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal
Government with respect to the guarantee.
(including transfer of funds)
Sec. 121. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the accounts established by sections
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to
pay for expenses associated with the Homeowners Assistance
Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts
transferred shall be merged with and be available for the
same purposes and for the same time period as the fund to
which transferred.
Sec. 122. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all
[[Page S9161]]
operation and maintenance expenditures for each individual
general or flag officer quarters for the prior fiscal year.
Sec. 123. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
Sec. 124. None of the funds made available in this title,
or in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that
has been approved for realignment to another installation, in
2005 under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function
that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United
States of carrying out such project would be less than the
cost to the United States of cancelling such project, or if
the project is at an active component base that shall be
established as an enclave or in the case of projects having
multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project.
The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military
construction project, land acquisition, or family housing
project to another account or use such funds for another
purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This
section shall not apply to military construction projects,
land acquisition, or family housing projects for which the
project is vital to the national security or the protection
of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional
defense committees within seven days of a decision to carry
out such a military construction project.
(including transfer of funds)
Sec. 125. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 126. None of the funds appropriated or otherwise made
available in this title may be used for any action that is
related to or promotes the expansion of the boundaries or
size of the Pinon Canyon Maneuver Site, Colorado.
Sec. 127. Notwithstanding Department of Defense
Instruction 1330.17, nonappropriated funds provided through
the Commissary Surcharge Fund may be used in accordance with
the authority provided in 10 U.S.C. 2484(h) to construct a
commissary at U.S. Southern Command Headquarters in Miami-
Dade County, Florida.
Sec. 128. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) and in the
guidance for military construction reprogrammings and
notifications contained in Department of Defense Financial
Management Regulation 7000.14-R, Volume 3, Chapter 7, of
February 2009, as in effect on the date of enactment of this
Act.
Sec. 129. Amounts appropriated or otherwise made available
in this title for ``Military Construction, Army'', ``Military
Construction, Navy and Marine Corps'', ``Military
Construction, Air Force'', ``Military Construction, Defense-
Wide'', ``Military Construction, Army National Guard'',
``Military Construction, Air National Guard'', ``Military
Construction, Army Reserve'', ``Military Construction, Navy
Reserve'', ``Military Construction, Air Force Reserve'',
``Family Housing Construction, Army'', ``Family Housing
Construction, Navy and Marine Corps'', ``Family Housing
Construction, Air Force'', and ``Chemical Demilitarization
Construction, Defense-Wide'' shall be for the projects and
activities, and in the amounts specified, identified under
those headings in the Committee recommendations, and under
the headings for ``Army'', ``Navy'', ``Air Force'',
``Defense-Wide'', ``Army National Guard'', ``Air National
Guard'', ``Army Reserve'', ``Navy Reserve'', ``Air Force
Reserve'', ``Family Housing Construction, Army'', ``Family
Housing Construction, Navy and Marine Corps'', ``Family
Housing Construction, Air Force'', and ``Chemical
Demilitarization Construction, Defense-Wide'' in the table
entitled ``Military Construction'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 130. Notwithstanding any other provision of law, the
Department of Defense is authorized to carry out planning,
design, and construction not otherwise authorized by law for
an Aegis Ashore Test Facility at the Pacific Missile Range
Facility, Hawaii, in an amount not to exceed $68,500,000
using funds appropriated or otherwise made available by title
I of division E of Public Law 111-117 under the heading
``Military Construction, Defense-Wide''.
Sec. 131. None of the funds made available by this Act may
be used to take beneficial occupancy of more than 1,000
parking spaces provided by the combination spaces provided by
the proposed office complex to be developed at an established
mixed-use business park in Alexandria, Virginia, to implement
recommendation 133 of the Defense Base Closure and
Realignment Commission contained in the report of the
Commission transmitted to Congress on September 15, 2005, and
the lease of spaces in the immediate vicinity of such office
complex until both of the following occur:
(1) The Secretary submits to the congressional defense
committees a viable transportation plan, as directed in House
Report 111-559, for the proposed office complex.
(2) The Secretary certifies to the congressional defense
committees that construction has been completed to provide
adequate ingress to and egress from the business park at
which the proposed office complex is located.
Sec. 132. Notwithstanding any other provision of law,
funds appropriated or otherwise made available by this title
may be obligated and expended to carry out planning and
design and military construction projects not otherwise
authorized by law.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $53,978,000,000, to remain available until expended:
Provided, That not to exceed $30,423,000 of the amount
appropriated under this heading shall be reimbursed to
``General operating expenses, Veterans Benefits
Administration'', ``Medical support and compliance'', and
``Information technology systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical care collections fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38,
United States Code, $10,396,106,000, to remain available
until expended: Provided, That expenses for rehabilitation
program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of
title 38, United States Code, other than under paragraphs
(1), (2), (5), and (11) of that subsection, shall be charged
to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by title 38, United States Code, chapters 19 and
21, $77,589,000, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
during fiscal year 2011, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $163,646,000.
vocational rehabilitation loans program account
For the cost of direct loans, $48,000, as authorized by
chapter 31 of title 38, United
[[Page S9162]]
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
funds made available under this heading are available to
subsidize gross obligations for the principal amount of
direct loans not to exceed $3,042,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $337,000, which may be paid to
the appropriation for ``General operating expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $707,000.
Veterans Health Administration
medical services
(including transfer of funds)
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, food services, and salaries
and expenses of health care employees hired under title 38,
United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and
support services for caregivers as authorized by section
1720G of title 38, United States Code, and loan repayments
authorized by section 604 of Public Law 111-163;
$39,649,985,000, plus reimbursements, shall become available
on October 1, 2011, and shall remain available until
September 30, 2012: Provided, That notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.); $5,535,000,000, plus reimbursements,
shall become available on October 1, 2011, and shall remain
available until September 30, 2012.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and
other necessary facilities of the Veterans Health
Administration; for administrative expenses in support of
planning, design, project management, real property
acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the
Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing,
altering, improving, or providing facilities in the several
hospitals and homes under the jurisdiction of the Department,
not otherwise provided for, either by contract or by the hire
of temporary employees and purchase of materials; for leases
of facilities; and for laundry services, $5,426,000,000, plus
reimbursements, shall become available on October 1, 2011,
and shall remain available until September 30, 2012:
Provided, That of the amount available for fiscal year 2012,
$130,000,000 for non-recurring maintenance shall be allocated
in a manner not subject to the Veterans Equitable Resource
Allocation.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $590,000,000,
plus reimbursements, shall remain available until September
30, 2012.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $259,004,000, of which not
to exceed $24,200,000 shall remain available until September
30, 2012.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $466,497,000, of
which not to exceed $22,000,000 shall remain available until
September 30, 2012: Provided, That $23,584,000 shall be to
increase the Department's acquisition workforce capacity and
capabilities and may be transferred by the Secretary to any
other account in the Department to carry out the purposes
provided therein: Provided further, That funds provided under
this heading may be transferred to ``General operating
expenses, Veterans Benefits Administration''.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, and reimbursement of the Department
of Defense for the cost of overseas employee mail,
$2,162,776,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that
the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That of the funds made available under this heading, not to
exceed $108,000,000 shall remain available until September
20, 2012: Provided further, That from the funds made
available under this heading, the Veterans Benefits
Administration may purchase (on a one-for-one replacement
basis only) up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.
information technology systems
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $3,162,501,000, plus reimbursements, shall
remain available until September 30, 2012: Provided, That
none of the funds made available under this heading may be
obligated until the Department of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by the Office of Management and
Budget; (2) complies with the Department of Veterans Affairs
enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That not later than 30 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress a reprogramming base letter which
sets forth, by project, the operations and maintenance costs,
with salary expenses separately designated, and development
costs to be carried out utilizing amounts made available
under this heading: Provided further, That of the amounts
made available under this heading, $742,816,000 may not be
obligated or expended until the Secretary of Veterans Affairs
or the Chief Information Officer of the Department of
Veterans Affairs submits to the Committees on Appropriations
of both Houses of Congress a certification of the amounts, in
parts or in full, to be obligated and expended for each
development project.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $115,367,000, of which $6,000,000 shall remain
available until September 30, 2012.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds
[[Page S9163]]
for a project were made available in a previous major project
appropriation, $1,151,036,000, to remain available until
expended, of which $6,000,000 shall be to make reimbursements
as provided in section 13 of the Contract Disputes Act of
1978 (41 U.S.C. 612) for claims paid for contract disputes:
Provided, That except for advance planning activities,
including needs assessments which may or may not lead to
capital investments, and other capital asset management
related activities, including portfolio development and
management activities, and investment strategy studies funded
through the advance planning fund and the planning and design
activities funded through the design fund, including needs
assessments which may or may not lead to capital investments,
and salaries and associated costs of the resident engineers
who oversee those capital investments funded through this
account, and funds provided for the purchase of land for the
National Cemetery Administration through the land acquisition
line item, none of the funds made available under this
heading shall be used for any project which has not been
approved by the Congress in the budgetary process: Provided
further, That funds made available under this heading for
fiscal year 2011, for each approved project shall be
obligated: (1) by the awarding of a construction documents
contract by September 30, 2011; and (2) by the awarding of a
construction contract by September 30, 2012: Provided
further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major
construction project for which obligations are not incurred
within the time limitations established above: Provided
further, That of the funds made available under this heading,
$940,932,000 shall be for the projects and activities, and in
the amounts, specified under this heading in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110,
8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the
amount set forth in section 8104(a)(3)(A) of title 38, United
States Code, $517,700,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $85,000,000, to remain available
until expended.
grants for construction of state veterans cemeteries
For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section
2408 of title 38, United States Code, $46,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2011 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2011, in this Act or any
other Act, under the ``Medical services'', ``Medical support
and compliance'', and ``Medical facilities'' accounts may be
transferred among the accounts: Provided, That any transfers
between the ``Medical services'' and ``Medical support and
compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical
services'' and ``Medical support and compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to
or from the ``Medical facilities'' account may take place
only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code,
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2010.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2011, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General operating expenses, Veterans
Benefits Administration'' and ``Information technology
systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in such an insurance program during
fiscal year 2011 that are available for dividends in that
program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2011 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not
exceed $38,783,000 for the Office of Resolution Management
and $3,354,000 for the Office of Employment Discrimination
Complaint Adjudication: Provided, That payments may be made
in advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to the ``General administration'' and ``Information
technology systems'' accounts for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental cost is more than $1,000,000, unless
the Secretary submits a report which the Committees on
Appropriations of both Houses of
[[Page S9164]]
Congress approve within 30 days following the date on which
the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214. Amounts made available under ``Medical
services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
services'', to remain available until expended for the
purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which
are party to the Alaska Native Health Compact with the Indian
Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with
the Indian Health Service under the Indian Self Determination
and Educational Assistance Act, to provide healthcare,
including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply
with all appropriate rules and regulations, as established by
the Secretary. The term ``rural Alaska'' shall mean those
lands sited within the external boundaries of the Alaska
Native regions specified in sections 7(a)(1)-(4) and (7)-(12)
of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1606), and those lands within the Alaska Native
regions specified in sections 7(a)(5) and 7(a)(6) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), which are not within the boundaries of the
Municipality of Anchorage, the Fairbanks North Star Borough,
the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, major projects'' and ``Construction,
minor projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report on the financial status of the
Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``General operating expenses, Veterans Benefits
Administration'', ``General Administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2011, may
be transferred to or from the ``Information technology
systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
(including transfer of funds)
Sec. 221. Amounts made available for the ``Information
technology systems'' account may be transferred between
projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed.
Sec. 222. (a) Upon a determination by the Secretary of
Veterans Affairs that such action is in the national
interest, and will have a direct benefit for veterans through
increased access to treatment, the Secretary of Veterans
Affairs may transfer not more than $5,000,000 to the
Secretary of Health and Human Services for the Graduate
Psychology Education Program, which includes treatment of
veterans, to support increased training of psychologists
skilled in the treatment of post-traumatic stress disorder,
traumatic brain injury, and related disorders.
(b) The Secretary of Health and Human Services may only use
funds transferred under this section for the purposes
described in subsection (a).
(c) The Secretary of Veterans Affairs shall notify Congress
of any such transfer of funds under this section.
Sec. 223. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with--
(1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 224. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2011, in this Act or any
other Act, under the ``Medical facilities'' account for
nonrecurring maintenance, not more than 20 percent of the
funds made available shall be obligated during the last 2
months of that fiscal year: Provided, That the Secretary may
waive this requirement after providing written notice to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 225. Of the amounts appropriated to the Department of
Veterans Affairs in this Act, and any other Act, for
``Medical services'', ``Medical support and compliance'',
``Medical facilities'', ``Construction, minor projects'', and
``Information technology systems'', up to $235,360,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of title XVII
of division A of Public Law 111-84, and shall be available to
fund operations of the integrated Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago
Veteran Affairs Medical Center, and Navy Ambulatory Care
Center, and supporting facilities designated as a combined
Federal medical facility as described by Section 706 of
Public Law 110-417: Provided, That additional funds may be
transferred from accounts designated in this section to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 226. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for health care provided at the Captain
James A. Lovell Federal Health Care Center may be transferred
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund, established by
section 1704 of title XVII of division A of Public Law 111-
84, and shall be available to fund operations of the
integrated Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veteran Affairs
Medical Center, and Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal
medical facility as described by section 1706 of Public Law
110-417.
(including transfer of funds)
Sec. 227. Of the amounts available in this title for
``Medical services'', ``Medical support and compliance'', and
``Medical facilities'', a minimum of $15,000,000, shall be
transferred to the Department of Defense/Department of
Veterans Affairs Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
(including rescission of funds)
Sec. 228. (a) Of the funds appropriated in the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2010 (Public Law 111-117, division E),
the following amounts which become available on October 1,
2010, are hereby rescinded from the following accounts in the
amounts specified:
``Medical services'', Department of Veterans Affairs,
$1,015,000,000;
``Medical support and compliance'', Department of Veterans
Affairs, $145,000,000; and
``Medical facilities'', Department of Veterans Affairs,
$145,000,000.
(b) An additional amount is appropriated to the following
accounts in the amounts specified, to become available on
October 1, 2010, and to remain available until September 30,
2012:
``Medical services'', Department of Veterans Affairs,
$1,015,000,000;
``Medical support and compliance'', Department of Veterans
Affairs, $145,000,000; and
``Medical facilities'', Department of Veterans Affairs,
$145,000,000.
Sec. 229. The Secretary of the Department of Veterans
Affairs shall notify the Committees on Appropriations of both
Houses of
[[Page S9165]]
Congress of all bid savings in major construction projects
that total at least $5,000,000, or 5 percent of the
programmed amount of the project, whichever is less:
Provided, That such notification shall occur within 14 days
of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the committees 14
days prior to the obligation of such bid savings and shall
describe the anticipated use of such savings.
Sec. 230. The scope of work for a project included in
``Construction, major projects'' may not be increased above
the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations.
Sec. 231. Of the amounts made available for fiscal year
2011 for ``Medical facilities'' in Public Law 111-117,
$162,734,000 shall be available for renewable energy projects
at the Department of Veterans Affairs medical facility
campuses subject to section 8103 of title 38, United States
Code.
Sec. 232. For an additional amount for fiscal year 2011
for ``Medical services'', $74,776,000.
Sec. 233. For an additional amount for fiscal year 2011
for ``Medical facilities'', $35,000,000.
Sec. 234. In the Senate, section 902 of Public Law 111-
212, the Supplemental Appropriations Act, 2010, shall be
subject to section 3002 of that Act and accordingly is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$67,200,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$28,297,000: Provided, That $2,515,229 shall be available for
the purpose of providing financial assistance as described,
and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $50,340,000, to remain
available until expended: Provided, That none of the funds
available under this heading shall be for construction of a
perimeter wall at Arlington National Cemetery. In addition,
such sums as may be necessary for parking maintenance,
repairs and replacement, to be derived from the Lease of
Department of Defense Real Property for Defense Agencies
account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery
making additional land available for ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$71,200,000, of which $2,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
Department of Defense
Military Construction, Army
(including transfer of funds)
For an additional amount for ``Military Construction,
Army'', $918,845,000, to remain available until September 30,
2013: Provided, That of the amount appropriated, $7,000,000
shall be transferred to ``Department of Defense--Other
Department of Defense Programs--Office of the Inspector
General'', to be merged with and to be available for the same
time period as the appropriation to which transferred, for
the purpose of carrying out audits of military construction
projects in Afghanistan: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $160,430,000, to remain available until
September 30, 2013.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $129,266,000, to remain available until September
30, 2013.
Military Construction, Defense-wide
For an additional amount for ``Military Construction,
Defense-Wide'', $48,461,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, $46,500,000 may be obligated and expended
to construct facilities in a foreign country for the National
Security Agency.
Administrative Provisions
Sec. 401. Each amount in this title is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
(including transfer of funds)
Sec. 402. Of the unobligated balances available under the
headings ``Military Construction, Army'' and ``Military
Construction, Air Force'' in title IV of division E of Public
Law 111-117, a total of up to $250,000,000 may be transferred
among projects and activities within those accounts to
accommodate cost and scope increases or changes of location,
or may be used to undertake military construction projects
not otherwise authorized by law that are necessary to support
urgent military operational requirements in Afghanistan:
Provided, That not less than 14 days before undertaking a
military construction project as described under this
section, the Secretary of Defense shall notify the
congressional defense committees of the proposed
reprogramming of funds and the details and estimated cost of
the construction project: Provided further, That section 401
of this title shall not apply to the funds available in this
provision.
(including transfer of funds)
Sec. 403. Of the unobligated balances available under the
headings ``Military Construction, Army'' and ``Military
Construction, Air Force'' in chapter 9 of title I of Public
Law 111-212, a total of up to $250,000,000 may be transferred
among projects and activities within those accounts to
accommodate cost and scope increases or changes of location,
or may be used to undertake military construction projects
not otherwise authorized by law that are necessary to support
urgent military operational requirements in Afghanistan:
Provided, That not less than 14 days before undertaking a
military construction project as described under this
section, the Secretary of Defense shall notify the
congressional defense committees of the proposed
reprogramming of funds and the details and estimated cost of
the construction project.
Sec. 404. Notwithstanding any other provision of law,
funds appropriated or otherwise made available by this title
may be obligated and expended to carry out planning and
design and military construction projects not otherwise
authorized by law.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Such sums as may be necessary for fiscal year
2011 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 503. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 504. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 505. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 506. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the
[[Page S9166]]
United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 507. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 508. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 509. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 510. None of the funds made available in this Act may
be used for the processing of new enhanced-use leases at the
National Home for Disabled Volunteer Soldiers located in
Milwaukee, Wisconsin.
Sec. 511. For an additional amount for the Department of
Veterans Affairs for ``Construction, Major Projects'',
$46,550,000, to remain available until expended: Provided,
That such funds shall be for the construction of a Nursing
Home Care Unit at the Beckley, West Virginia, Veterans
Affairs Medical Center: Provided further, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
major medical facility construction not otherwise authorized
by law.
Sec. 512. The Department of Veterans Affairs is authorized
to carry out, as a major medical facility project, seismic
corrections and renovation of various buildings to include
Building 209 for housing facilities for homeless veterans at
the Department of Veterans Affairs Medical Center in West Los
Angeles, California, in an amount not to exceed $35,500,000:
Provided, That notwithstanding any other provision of law,
the Department of Veterans Affairs may obligate funds derived
as result of bid savings from major medical facility projects
for purposes of carrying out this provision.
(including rescission of funds)
Sec. 513. Of the unobligated balances available for
``Military Construction, Army'', from prior appropriations
Acts, $200,000,000 are hereby rescinded.
(including rescission of funds)
Sec. 514. Of the unobligated balances available in title X
of Public Law 111-5 under the headings ``Military
Construction, Army'', ``Military Construction, Navy and
Marine Corps'', ``Military Construction, Air Force'',
``Military Construction, Defense-Wide'', ``Military
Construction, Army National Guard'', and ``Military
Construction, Air National Guard'', $128,000,000 are hereby
rescinded.
(including rescission of funds)
Sec. 515. Of the unobligated balances available in Title
II of division E of Public Law 111-117, under the heading
``Departmental Administration, Information Technology
Systems'', for staffing and administrative payroll,
$117,505,000 are hereby rescinded.
This division may be cited as the ``Military Construction
and Veterans Affairs, and Related Agencies Appropriations
Act, 2011''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2011
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,553,200,000,
of which $1,560,700,000 is for Worldwide Security Protection:
Provided, That the Secretary of State may transfer up to
$250,000,000 of the total funds made available under this
heading to any other appropriation of any department or
agency of the United States, upon the concurrence of the head
of such department or agency, to support operations in and
assistance for Afghanistan and to carry out the provisions of
the Foreign Assistance Act of 1961: Provided further, That
funds made available under this heading shall be allocated as
follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948,
$2,754,289,000, to remain available until September 30, 2012,
of which not less than $140,728,000 shall be available only
for public diplomacy American salaries, and $249,315,000 is
for Worldwide Security Protection and shall remain available
until expended.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $3,432,216,000, to remain
available until September 30, 2012, of which not less than
$415,243,000 shall be available only for public diplomacy
international information programs.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation and
disarmament activities as authorized, $884,988,000, to remain
available until September 30, 2012.
(4) Security programs.--For necessary expenses for security
activities, $2,481,707,000, to remain available until
September 30, 2012, of which $1,311,385,000 is for Worldwide
Security Protection and shall remain available until
expended.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,702,904 shall be derived from fees
collected from other executive agencies for lease or use of
facilities located at the International Center in accordance
with section 4 of the International Center Act, and, in
addition, as authorized by section 5 of such Act, $505,000,
to be derived from the reserve authorized by that section, to
be used for the purposes set out in that section;
(B) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(C) not to exceed $15,000, which shall be derived from
reimbursements, surcharges and fees for use of Blair House
facilities.
(6) Transfer, reprogramming, and spending plan.--
(A) Notwithstanding any provision of this Act, funds may be
reprogrammed within and between subsections under this
heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $12,500,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to 31 U.S.C.
1108(g), for the field examination of programs and activities
in the United States funded from any account contained in
this title.
(D) Not later than 45 days after the enactment of this Act,
the Secretary of State shall submit to the Committees on
Appropriations a report detailing planned expenditures for
funds appropriated under this heading.
(7) Property inventory.--Funds appropriated under this
heading in this Act may not be made available to the
Department of State for the purchase of vehicles, radios,
cell phones, and other nonexpendable equipment unless the
Secretary of State reports, in writing, to the Committees on
Appropriations that the Department is taking steps to improve
inventory procedures, including accounting for missing
armored vehicles, and for the timely disposal of excess
equipment.
civilian stabilization initiative
For necessary expenses to support, maintain, mobilize, and
deploy a civilian response corps in coordination with the
United States Agency for International Development (USAID),
and for related reconstruction and stabilization assistance
to prevent or respond to conflict or civil strife in foreign
countries or regions, or to enable transition from such
strife, $35,000,000, to remain available until expended:
Provided, That funds made available under this heading may be
made available in fiscal year 2011 to provide administrative
expenses for the Office of the Coordinator for Reconstruction
and Stabilization: Provided further, That notwithstanding any
other provision of law, and following consultation with the
Committees on Appropriations, the President may exercise
transfer authorities contained in the Foreign Assistance Act
of 1961 for reconstruction and stabilization assistance
managed by the Office of the Coordinator for Reconstruction
and Stabilization only to support an actively deployed
Civilian Response Corps, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That not later than 45 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
submit a coordinated joint spending plan for funds made
available under this heading and under the
[[Page S9167]]
heading ``Civilian Stabilization Initiative'' in title II of
this Act.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$139,000,000, to remain available until expended, as
authorized: Provided, That section 135(e) of Public Law 103-
236 shall not apply to funds available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$115,000,000, notwithstanding section 209(a)(1) of the
Foreign Service Act of 1980 (Public Law 96-465), as it
relates to post inspections, of which $22,000,000 shall be
for the Special Inspector General for Iraq Reconstruction for
reconstruction oversight, and $30,287,000 shall be for the
Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $654,200,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain
available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as
authorized.
representation allowances
For representation allowances as authorized, $8,175,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,000,000, to remain available
until September 30, 2012.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the
Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $913,300,000, to
remain available until expended as authorized, of which not
to exceed $25,000 may be used for domestic and overseas
representation as authorized: Provided, That none of the
funds appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for
other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $925,000,000, to
remain available until expended: Provided, That not later
than 45 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations the
proposed allocation of funds made available under this
heading and the actual and anticipated proceeds of sales for
all projects in fiscal year 2011.
emergencies in the diplomatic and consular service
(including transfer of funds)
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $10,500,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $739,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses necessary to carry
out the direct loan program, $711,000, which may be
transferred to, and merged with, funds made available under
the heading ``Diplomatic and Consular Programs''.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $21,420,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $1,545,430,000: Provided, That
the Secretary of State shall, at the time of the submission
of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees
on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify
the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United
Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget: Provided further,
That notwithstanding any other provision of law, credits to
United States assessed contributions to the United Nations
Tax Equalization Fund should be used to offset other assessed
contributions to the United Nations, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That any payment of arrearages under this
heading shall be directed toward activities that are mutually
agreed upon by the United States and the respective
international organization: Provided further, That none of
the funds appropriated under this heading shall be available
for a United States contribution to an international
organization for the United States share of interest costs
made known to the United States Government by such
organization for loans incurred on or after October 1, 1984,
through external borrowings: Provided further, That the
reporting requirement in section 7052 of division F of Public
Law 111-117 shall continue to be in effect until September
30, 2011.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $2,096,382,000, of which 15 percent shall remain
available until September 30, 2012: Provided, That at least
15 days in advance of voting for a new or expanded mission in
the United Nations Security Council (or in an emergency as
far in advance as is practicable): (1) the Committees on
Appropriations shall be notified of the estimated cost and
length of the mission, the national interest that will be
served, the planned exit strategy, and that the United
Nations has taken appropriate measures to prevent United
Nations employees, contractor personnel, and peacekeeping
forces serving in the mission from trafficking in persons,
exploiting victims of trafficking, or committing acts of
illegal sexual exploitation, and to hold accountable
individuals who engage in such acts while participating in
the peacekeeping mission, including the prosecution in their
home countries of such individuals in connection with such
acts; and (2) notification pursuant to section 7015 of this
Act is submitted, and the procedures therein followed,
setting forth the source of funds that will be used to pay
for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping
expenses unless the Secretary of State determines that
American manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material
for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers: Provided
further, That the Secretary of State should work with the
United Nations and governments contributing peacekeeping
troops to develop effective vetting procedures to ensure that
troops have not been credibly alleged to have violated human
rights: Provided further, That notwithstanding any other
provision of law, credits to United States assessed
contributions to the United Nations Tax Equalization Fund
should be used to offset other assessed contributions to the
United Nations, subject to the regular notification
procedures of the Committees on Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$47,431,000.
construction
For detailed plan preparation and construction of
authorized projects, $26,900,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and the Border Environment Cooperation Commission as
authorized by Public Law 103-182, $12,655,000: Provided, That
of the amount provided under this heading for the
International Joint Commission, $9,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $51,000,000, of which $500,000 shall remain available
until
[[Page S9168]]
September 30, 2012: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to 31 U.S.C. 3324: Provided further, That in
addition to other funds available for such purposes, funds
available under this heading may be used to make payments
necessary to fulfill the United States' obligations under the
Pacific Salmon Treaty.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease,
and installation of necessary equipment for radio and
television transmission and reception to Cuba, and to make
and supervise grants for radio and television broadcasting to
the Middle East, $744,500,000: Provided, That of the total
amount in this heading, not to exceed $16,000 may be used for
official receptions within the United States as authorized,
not to exceed $35,000 may be used for representation abroad
as authorized, and not to exceed $39,000 may be used for
official reception and representation expenses of Radio Free
Europe/Radio Liberty: Provided further, That the authority
provided by section 504(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 6206 note) shall remain in effect through September
30, 2011: Provided further, That the BBG shall notify the
Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast
entities, including its grantee organizations, provides an
open platform for international terrorists or those who
support international terrorism, or is in violation of the
principles and standards set forth in the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and
(b)) or the entity's journalistic code of ethics: Provided
further, That reductions and increases to BBG broadcast hours
previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite,
and television), for all BBG language services shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in
addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $2,000,000
in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating
international organizations, and up to $1,000,000 in receipts
from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and
reception, and purchase and installation of necessary
equipment for radio and television transmission and reception
as authorized, $6,875,000, to remain available until
expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $19,000,000, to remain
available until expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act, $44,050,000, to remain available until September 30,
2012, which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2011, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2011, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2011, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $23,100,000: Provided,
That none of the funds appropriated herein shall be used to
pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act, $118,000,000, to remain
available until expended, of which $100,000,000 shall be
allocated in the traditional and customary manner, including
for the core institutes, and $18,000,000 shall be for
democracy, human rights, and rule of law programs: Provided,
That the President of the National Endowment for Democracy
shall submit to the Committees on Appropriations not later
than 45 days after the date of enactment of this Act a report
on the proposed uses of funds under this heading on a
regional and country basis.
In addition, for grants made by the Department of State to
the National Endowment for Democracy, as authorized by the
National Endowment for Democracy Act, $10,500,000 for small
grants for democracy programs in Egypt, Pakistan, Cuba, North
Korea, and the Democratic Republic of the Congo.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $647,000, as
authorized by section 1303 of Public Law 99-83.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $4,350,000, to remain available until September 30,
2012: Provided, That notwithstanding the expenditure
limitation specified in section 208(c)(1) of such Act (22
U.S.C. 6435a(c)(1)), the Commission may expend up to $250,000
of the funds made available under this heading to procure
temporary and intermittent services under the authority of
section 3109(b) of title 5, United States Code.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,715,000, to remain available until September 30, 2012.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of
official representation, to remain available until September
30, 2012.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, $3,625,000, including not
more than $4,000 for the purpose of official representation,
to remain available until September 30, 2012: Provided, That
the second through sixth provisos under this heading in
division F of Public Law 111-117 shall continue in effect
during fiscal year 2011 and shall apply as if part of this
Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,392,000,000, of which up to $160,000,000 may remain
available until September 30, 2012: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development (USAID), unless the USAID Administrator has
identified such proposed construction (including architect
and engineering services), purchase, or long-term lease of
offices in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of
funds for such purposes: Provided further, That the previous
proviso shall not apply when the total cost of construction
(including architect and engineering services), purchase, or
long-term lease of offices does not exceed $1,000,000:
Provided further, That of the funds appropriated under this
heading that are available for capital investments related to
the Development Leadership Initiative, up to $37,457,000 may
remain available until September 30, 2014: Provided further,
That contracts or agreements
[[Page S9169]]
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
the following fiscal year: Provided further, That any
decision to open a new USAID mission or office or, except
where there is a substantial security risk to mission
personnel, to close or significantly reduce the number of
personnel of any such mission or office, shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds
appropriated or made available under this heading, not to
exceed $250,000 may be available for representation and
entertainment allowances, of which not to exceed $5,000 may
be available for entertainment allowances, for USAID during
the current fiscal year: Provided further, That no such
entertainment funds may be used for the purposes listed in
section 7020 of this Act: Provided further, That appropriate
steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized
in lieu of dollars: Provided further, That not later than 45
days after enactment of this Act, the USAID Administrator
shall submit to the Committees on Appropriations a report
detailing planned expenditures for funds appropriated under
this heading.
civilian stabilization initiative
For necessary expenses to carry out section 667 of the
Foreign Assistance Act of 1961 for the United States Agency
for International Development (USAID) to support, maintain,
mobilize, and deploy a Civilian Response Corps in
coordination with the Department of State, and for related
reconstruction and stabilization assistance to prevent or
respond to conflict or civil strife in foreign countries or
regions, or to enable transition from such strife,
$15,000,000, to remain available until September 30, 2012:
Provided, That not later than 45 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
submit a coordinated joint spending plan for funds made
available under this heading and under the heading ``Civilian
Stabilization Initiative'' in title I of this Act.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $173,000,000, to remain available until expended, of
which not more than $122,100,000 may be made available for
the purpose of implementing the Capital Security Cost-Sharing
Program: Provided, That this amount is in addition to funds
otherwise available for such purposes: Provided further, That
funds appropriated under this heading shall be available for
obligation only pursuant to the regular notification
procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$46,500,000, to remain available until September 30, 2012,
which shall be available for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2012,
unless otherwise specified herein, as follows:
global health and child survival
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $2,722,000,000, which
shall be apportioned directly to the United States Agency for
International Development (USAID): Provided, That this amount
shall be made available for training, equipment, and
technical assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; and
(6) family planning/reproductive health: Provided further,
That none of the funds appropriated under this paragraph may
be made available for nonproject assistance, except that
funds may be made available for such assistance for ongoing
health activities: Provided further, That funds appropriated
under this paragraph shall be made available for a United
States contribution to the GAVI Alliance: Provided further,
That none of the funds made available in this Act nor any
unobligated balances from prior appropriations Acts may be
made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That
any determination made under the previous proviso must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made
available under this Act may be used to pay for the
performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided
further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under
this Act may be used to lobby for or against abortion:
Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only
to voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of this
or any other Act authorizing or appropriating funds for the
Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,500,000,000, to remain available until September 30,
2013, which shall be apportioned directly to the Department
of State: Provided, That of the funds appropriated under this
paragraph, not less than $825,000,000 shall be made
available, notwithstanding any other provision of law, except
for the United States Leadership Against HIV/AIDS,
Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria (Global Fund), and
shall be expended at the minimum rate necessary to make
timely payment for projects and activities: Provided further,
That up to 5 percent of the aggregate amount of funds made
available to the Global Fund in fiscal year 2011 may be made
available to USAID for technical assistance related to the
activities of the Global Fund: Provided further, That of the
funds appropriated under this paragraph, up to $14,250,000
may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of
the
[[Page S9170]]
Office of the United States Global AIDS Coordinator: Provided
further, That funds appropriated for HIV/AIDS programs and
activities under this paragraph in this Act and in prior acts
making appropriations for the Department of State, foreign
operations, and related programs shall be subject to the
regular notification procedures of the Committees on
Appropriations, including reprogramming requirements
contained in sections 7015 and 7019 of this Act.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $2,767,700,000: Provided, That relevant bureaus and
offices of the United States Agency for International
Development (USAID) that support cross-cutting development
programs shall coordinate such programs on a regular basis:
Provided further, That funds appropriated by this Act shall
be made available for water and sanitation supply projects
pursuant to the Paul Simon Water for the Poor Act of 2005
(Public Law 109-121): Provided further, That funds
appropriated by this Act for food security and agricultural
development programs may be made available notwithstanding
any other provision of law and shall be made available for a
United States contribution to the endowment of the Global
Crop Diversity Trust pursuant to section 3202 of Public Law
110-246: Provided further, That the USAID Administrator
should provide grants and cooperative agreements for private
voluntary organizations and cooperatives to carry out
agriculture, rural development and related programs
authorized under the Foreign Assistance Act of 1961: Provided
further, That of the funds appropriated in this Act for food
security and agricultural development programs, up to
$100,000,000 may be made available for payment by the
Secretary of the Treasury for a United States contribution to
a global food security fund: Provided further, That funds
appropriated under this heading shall be made available for
programs to improve women's leadership capacity in recipient
countries.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $851,000,000, to remain available
until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$55,000,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
Secretary of State determines that it is important to the
national interests of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees
on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to enable the Administrator of
the United States Agency for International Development
(USAID), with the concurrence of the Secretary of State, to
support programs and activities to prevent or respond to
emerging or unforeseen complex crises overseas, $55,000,000,
to remain available until expended: Provided, That the
administrative authorities of the Foreign Assistance Act of
1961 shall be applicable to the funds appropriated under the
heading: Provided further, That funds appropriated under this
heading may be made available on such terms and conditions as
the USAID Administrator may determine, in consultation with
the Committees on Appropriations, for the purposes of
preventing or responding to such crises, except that no funds
shall be made available to respond to natural disasters:
Provided further, That funds appropriated under this heading
shall be made available notwithstanding section 10 of Public
Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956: Provided further, That funds
appropriated under this heading may be made available
notwithstanding any other provision of law, except sections
7007, 7008, and 7018 of this Act and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act:
Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of
the Committees on Appropriations, except that such
notifications shall be transmitted at least 5 days in advance
of the obligation of funds: Provided further, That the
provisions of section 7015(e) of this Act shall apply to
funds made available under this heading.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development
(USAID), as authorized by sections 256 and 635 of the Foreign
Assistance Act of 1961, up to $35,000,000 may be derived by
transfer from funds appropriated by this Act to carry out
part I of such Act and under the heading ``Assistance for
Europe, Eurasia and Central Asia'': Provided, That funds
provided under this paragraph and funds provided as a gift
pursuant to section 635(d) of the Foreign Assistance Act of
1961 shall be made available only for micro and small
enterprise programs, urban programs, and other programs which
further the purposes of part I of such Act: Provided further,
That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans
under this Act or prior Acts, and funds used for such costs
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $1,000,000,000.
In addition, for administrative expenses to carry out
credit programs administered by USAID, $8,300,000, which may
be transferred to, and merged with, funds made available
under the heading ``Operating Expenses'' in title II of this
Act: Provided, That funds made available under this heading
shall remain available until September 30, 2013.
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$6,787,589,000: Provided, That of the funds appropriated
under this heading, $250,000,000 shall be available for
assistance for Egypt, of which not less than $20,000,000
shall be made available for democracy, human rights and
governance programs, and not less than $35,000,000 shall be
made available for education programs, of which not less than
$10,000,000 is for scholarships for Egyptian students with
high financial need: Provided further, That of the funds
appropriated under this heading, not more than $400,400,000
may be made available for assistance for the West Bank and
Gaza, except that up to an additional $9,300,000 may be made
available for such assistance from funds appropriated for the
Middle East Partnership Initiative: Provided further, That
not more than $200,000,000 of the funds provided for the West
Bank and Gaza shall be for cash transfer assistance: Provided
further, That funds appropriated under this heading that are
made available for assistance for Cyprus shall be used only
for scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions
and promote peace and cooperation between the two communities
on Cyprus: Provided further, That $12,000,000 of the funds
made available for assistance for Lebanon under this heading
shall be for scholarships for students in Lebanon with high
financial need: Provided further, That of the funds
appropriated under this heading, not less than $360,000,000
shall be made available for assistance for Jordan: Provided
further, That of the funds appropriated under this heading,
$195,000,000 shall be apportioned directly to the United
States Agency for International Development for alternative
development/institution building programs in Colombia:
Provided further, That of the funds appropriated under this
heading that are available for assistance for Colombia, not
less than $8,000,000 shall be transferred to, and merged
with, funds appropriated under the heading ``Migration and
Refugee Assistance'' and shall be made available only for
assistance to nongovernmental and international organizations
that provide assistance to Colombian refugees in neighboring
countries.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, $115,000,000, of which $68,500,000 shall be made
available for the Human Rights and Democracy Fund of the
Bureau of Democracy, Human Rights and Labor, Department of
State, and $46,500,000 shall be made available for the Office
of Democracy and Governance of the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency
for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act, and
the Support for East European Democracy (SEED) Act of 1989,
$709,000,000, to remain available until September 30, 2012,
which shall be available, notwithstanding any other provision
of law, for assistance and for
[[Page S9171]]
related programs for countries identified in section 3 of the
FREEDOM Support Act and section 3(c) of the SEED Act:
Provided, That funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance: Provided further, That
notwithstanding any provision of this or any other Act, funds
appropriated in prior years under the headings ``Independent
States of the Former Soviet Union'' and similar headings and
``Assistance for Eastern Europe and the Baltic States'' and
similar headings, and currencies generated by or converted
from such funds, shall be available for use in any country
for which funds are made available under this heading without
regard to the geographic limitations of the heading under
which such funds were originally appropriated: Provided
further, That funds made available for the Southern Caucasus
region may be used for confidence-building measures and other
activities in furtherance of the peaceful resolution of
conflicts, including in Nagorno-Karabakh.
Department of State
migration and refugee assistance
For necessary expenses, not otherwise provided for, to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code,
$1,685,000,000, to remain available until expended, of which
not less than $25,000,000 shall be made available for
refugees resettling in Israel, and not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements of international and
nongovernmental partners.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $45,000,000, to remain
available until expended: Provided, That section 2(c) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)(2)) is amended in paragraph (1) by striking
``President'' and inserting ``Secretary of State'' and in
paragraph (2) by striking ``$100,000,000'' and inserting
``$200,000,000''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501-2523), including the purchase
of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$425,000,000, to remain available until September 30, 2012:
Provided, That the Director of the Peace Corps may transfer
to the Foreign Currency Fluctuations Account, as authorized
by 22 U.S.C. 2515, an amount not to exceed $5,000,000:
Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made
available for Peace Corps overseas operations: Provided
further, That of the funds appropriated under this heading,
not to exceed $4,000 may be made available for entertainment
expenses: Provided further, That any decision to open, close,
significantly reduce, or suspend a domestic or overseas
office or country program shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations, except that prior
consultation and regular notification procedures may be
waived when there is a substantial security risk to
volunteers or other Peace Corps personnel, pursuant to
section 7015(e) of this Act: Provided further, That not later
than 45 days after enactment of this Act, the Director shall
submit a spending plan to the Committees on Appropriations on
the proposed uses of funds under this heading: Provided
further, That none of the funds appropriated under this
heading shall be used to pay for abortions.
millennium challenge corporation
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $1,105,000,000 to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation (the Corporation): Provided further,
That up to 10 percent of the funds appropriated under this
heading may be made available to carry out the purposes of
section 616 of the Millennium Challenge Act of 2003 for
fiscal year 2011: Provided further, That section 605(e)(4) of
the Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section
609 of the Millennium Challenge Act of 2003 only if such
Compact obligates, or contains a commitment to obligate
subject to the availability of funds and the mutual agreement
of the parties to the Compact to proceed, the entire amount
of the United States Government funding anticipated for the
duration of the Compact: Provided further, That the Chief
Executive Officer of the Corporation shall notify the
Committees on Appropriations not later than 15 days prior to
signing any new country compact or new threshold country
program; terminating or suspending any country compact or
threshold country program; or commencing negotiations for any
new compact or threshold country program: Provided further,
That funds appropriated by this Act or any prior Act
appropriating funds for the Department of State, foreign
operations, and related programs that are made available for
a Millennium Challenge Compact and that are suspended or
terminated by the Chief Executive Officer of the Corporation
shall be subject to the regular notification procedures of
the Committees on Appropriations prior to re-obligation:
Provided further, That of the funds appropriated under this
heading, not to exceed $100,000 may be available for
representation and entertainment allowances, of which not to
exceed $5,000 may be available for entertainment allowances.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$24,500,000: Provided, That of the funds appropriated under
this heading, not to exceed $2,000 may be available for
entertainment and representation allowances.
african development foundation
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980 (Public Law 96-533), $30,500,000: Provided, That funds
made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board
of Directors of the Foundation: Provided further, That
interest earned shall be used only for the purposes for which
the grant was made: Provided further, That notwithstanding
section 505(a)(2) of the African Development Foundation Act,
in exceptional circumstances the Board of Directors of the
Foundation may waive the $250,000 limitation contained in
that section with respect to a project and a project may
exceed the limitation by up to 10 percent if the increase is
due solely to foreign currency fluctuation: Provided further,
That the Foundation shall provide a report to the Committees
on Appropriations after each time such waiver authority is
exercised.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until September 30, 2013,
which shall be available notwithstanding any other provision
of law.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V
of the Foreign Assistance Act of 1961, of modifying
concessional credit agreements with least developed
countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, of concessional loans, guarantees and credit
agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees
made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $56,000,000, to remain
available until September 30, 2013: Provided, That not less
than $20,000,000 of the funds appropriated under this heading
shall be made available to carry out the provisions of part V
of the Foreign Assistance Act of 1961: Provided further, That
up to $36,000,000 of the funds appropriated under this
heading may be for the United States share of an increase in
the resources of the Fund for Special Operations of the
Inter-American Development Bank in furtherance of providing
debt relief to Haiti in view of the Cancun Declaration of
March 21, 2010: Provided further, That amounts paid to the
Heavily Indebted Poor Countries (HIPC) Trust Fund may be used
only to fund debt reduction under the enhanced HIPC
initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the central government of
such country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in
[[Page S9172]]
military or civil conflict that undermines its ability to
develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end:
Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust Fund
during the fiscal year: Provided further, That the Secretary
of the Treasury shall notify the Committees on Appropriations
not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC
Trust Fund of amounts for such countries and institutions:
Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC
Trust Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave''
loans; and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically
elected government has taken office.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
(including transfer of funds)
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,590,000,000, to remain
available until September 30, 2012: Provided, That during
fiscal year 2011, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of
1961, without regard to its restrictions, to receive excess
property from an agency of the United States Government for
the purpose of providing it to a foreign country or
international organization under chapter 8 of part I of that
Act subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the
proposed uses of all funds under this heading on a country-
by-country basis for each proposed program, project, or
activity: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this
heading that is made available notwithstanding section 482(b)
of the Foreign Assistance Act of 1961 shall be made available
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this heading, $5,000,000 should be
made available to combat piracy of United States copyrighted
materials, consistent with the requirements of section 688(a)
and (b) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161): Provided further, That of the funds
appropriated under this heading, $15,000,000 shall be
apportioned directly to the United States Agency for
International Development (USAID) for institution building,
judicial reform, anti-corruption, rule of law activities, and
sustainable development programs in Mexico and may be
transferred to, and merged with, funds appropriated under the
heading ``Economic Support Fund'' to continue programs
administered by USAID: Provided further, That none of the
funds appropriated under this heading for assistance for
Colombia shall be made available for budget support or as
cash payments: Provided further, That none of the funds
appropriated under this heading shall be made available for
assistance for the Bolivian military and police unless the
Secretary of State determines and reports to the Committees
on Appropriations that the Government of Bolivia is
investigating, prosecuting, and punishing military and police
personnel who have been credibly alleged to have violated
internationally recognized human rights.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$740,000,000, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and
related activities, notwithstanding any other provision of
law, including activities implemented through nongovernmental
and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution
to the International Atomic Energy Agency, and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of the funds
made available under this heading, not to exceed $57,000,000,
to remain available until expended, may be made available for
the Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation,
disarmament and weapons destruction: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds made available for the Nonproliferation
and Disarmament Fund shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That funds
appropriated under this heading may be made available for the
IAEA unless the Secretary of State determines that Israel is
being denied its right to participate in the activities of
that Agency: Provided further, That of the funds appropriated
under this heading, not more than $500,000 may be made
available for public-private partnerships for conventional
weapons and mine action by grant, cooperative agreement or
contract: Provided further, That of the funds made available
for demining and related activities, not to exceed $700,000,
in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the
operation and management of the demining program: Provided
further, That funds appropriated under this heading that are
available for ``Anti-terrorism Assistance'' and ``Export
Control and Border Security'' shall remain available until
September 30, 2012.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$305,000,000: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of such Act,
to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate
in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, up to $81,918,000, to
remain available until September 30, 2012, may be made
available to pay assessed expenses of international
peacekeeping activities in Somalia, subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations, except that such funds
should not be made available unless the Secretary of State
reports to the Committees on Appropriations that
indiscriminate shelling and other abuses of civilians by
African Union Mission troops are being addressed: Provided
further, That funds appropriated under this heading should
not be used to support any military training or operations
that include child soldiers: Provided further, That of the
funds appropriated under this heading, not less than
$26,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai: Provided further, That none of the funds
appropriated under this heading shall be obligated or
expended except as provided through the regular notification
procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$107,000,000, of which up to $3,500,000 may remain available
until expended and may only be provided through the regular
notification procedures of the Committees on Appropriations:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That funds made available
under this heading for assistance for Angola, Bangladesh,
Cameroon, Central African Republic, Chad, Cote d'Ivoire,
Democratic Republic of the Congo, Ethiopia, Guatemala,
Guinea, Haiti, Indonesia, Kenya, Libya, Nepal, Nigeria, and
Sri Lanka may only be provided through the regular
notification procedures of the Committees on Appropriations
and any such notification shall include a detailed
description of proposed activities: Provided further, That of
the funds appropriated under this heading, not to exceed
$55,000 may be available for entertainment allowances.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $5,440,000,000: Provided, That to expedite the
provision of assistance to foreign
[[Page S9173]]
countries and international organizations, the Secretary of
State, following consultation with the Committees on
Appropriations and subject to the regular notification
procedures of such Committees, may use the funds appropriated
under this heading to procure defense articles and services
to enhance the capacity of foreign security forces: Provided
further, That funds made available under this heading may be
used, notwithstanding any other provision of law, for
demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided
further, That of the funds appropriated under this heading,
not less than $3,000,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be
made available for grants only for Egypt, including for
border security programs and activities in the Sinai:
Provided further, That the funds appropriated under this
heading for assistance for Israel shall be disbursed within
30 days of enactment of this Act: Provided further, That to
the extent that the Government of Israel requests that funds
be used for such purposes, grants made available for Israel
under this heading shall, as agreed by the United States and
Israel, be available for advanced weapons systems, of which
not less than $789,000,000 shall be available for the
procurement in Israel of defense articles and defense
services, including research and development: Provided
further, That funds appropriated under this heading estimated
to be outlayed for Egypt during fiscal year 2011 shall be
transferred to an interest bearing account for Egypt in the
Federal Reserve Bank of New York within 30 days of enactment
of this Act: Provided further, That of the funds appropriated
under this heading, $300,000,000 shall be made available for
assistance for Jordan: Provided further, That none of the
funds made available under this heading shall be made
available to support or continue any program initially funded
under the authority of section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3456) unless the Secretary of State, in
coordination with the Secretary of Defense, has justified
such program to the Committees on Appropriations: Provided
further, That funds appropriated or otherwise made available
under this heading shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this
heading shall be obligated upon apportionment in accordance
with paragraph (5)(C) of title 31, United States Code,
section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided
further, That none of the funds appropriated under this
heading may be made available for assistance for Nepal, Sri
Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia
and Herzegovina, Haiti, Guatemala, Ethiopia, Cambodia, Kenya,
Chad, and the Democratic Republic of the Congo except
pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That only
those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal
year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading
for procurement of defense articles, defense services or
design and construction services that are not sold by the
United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make
timely payment for defense articles and services: Provided
further, That not more than $56,583,000 of the funds
appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United
States, for the general costs of administering military
assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of
the Committees on Appropriations: Provided further, That of
the funds appropriated under this heading for general costs
of administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation
allowances: Provided further, That not more than $749,597,000
of funds realized pursuant to section 21(e)(1)(A) of the Arms
Export Control Act may be obligated for expenses incurred by
the Department of Defense during fiscal year 2011 pursuant to
section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
pakistan counterinsurgency capability fund
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of
the Foreign Assistance Act of 1961 and section 23 of the Arms
Export Control Act, $1,000,000,000, to remain available until
September 30, 2012, for the purpose of providing assistance
for Pakistan to build and maintain the counterinsurgency
capability of Pakistani security forces (including the
Frontier Corps), to include program management, training in
civil-military humanitarian assistance, human rights
training, and the provision of equipment, supplies, services,
training, and facility and infrastructure repair, renovation,
and construction: Provided, That notwithstanding any other
provision of law, such funds shall be available to the
Secretary of State, with the concurrence of the Secretary of
Defense: Provided further, That such funds may be transferred
by the Secretary of State to the Department of Defense or
other Federal departments or agencies to support
counterinsurgency operations and may be merged with, and be
available, for the same purposes and for the same time period
as the appropriation or fund to which transferred or may be
transferred pursuant to the authorities contained in the
Foreign Assistance Act of 1961: Provided further, That the
Secretary of State shall, not fewer than 15 days prior to
making transfers from this appropriation, notify the
Committees on Appropriations, in writing, of the details of
any such transfer: Provided further, That the Secretary of
State shall submit not later than 30 days after the end of
each fiscal quarter to the Committees on Appropriations a
report in writing summarizing, on a project-by-project basis,
the uses of funds under this heading: Provided further, That
upon determination by the Secretary of State, with the
concurrence of the Secretary of Defense, that all or part of
the funds so transferred from this appropriation are not
necessary for the purposes herein, such amounts may be
transferred by the head of the relevant Federal department or
agency back to this appropriation and shall be available for
the same purposes and for the same time period as originally
appropriated: Provided further, That any required
notification or report may be submitted in classified form.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $395,500,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall
not apply to contributions to the United Nations Democracy
Fund.
international financial institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $143,750,000, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,235,000,000, to remain
available until expended.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction
and Development as trustee for the Clean Technology Fund by
the Secretary of the Treasury, $315,000,000, to remain
available until expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction
and Development as trustee for the Strategic Climate Fund by
the Secretary of the Treasury, $205,000,000, to remain
available until expended.
global food security fund
For payment as a contribution to a global food security
fund by the Secretary of the Treasury, $215,000,000, to
remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Investment Corporation by
the Secretary of the Treasury, $21,000,000, to remain
available until expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury,
$25,000,000, to remain available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of increase in capital stock, $106,586,000, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $2,558,048,769.
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contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$77,000,000, to remain available until expended.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $150,000,000, to remain available
until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $3,000,000, to remain available until
September 30, 2012.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act: Provided further, That
the use of the aggregate loan, guarantee, and insurance
authority available to the Export-Import Bank during the
current fiscal year should not result in greenhouse gas
emissions from the extraction or production of fossil fuels
and the use of fossil fuels in electricity generation
exceeding the total amount of such emissions resulting from
the use of such authority during fiscal year 2007, unless not
less than 15 days prior to the use of such authority the
Export-Import Bank provides written notification to the
Committees on Appropriations that the use of such authority
would result in greenhouse gas emissions exceeding such
amount and indicating the amount of the increase, and posts
such notification on the Bank's Web site: Provided further,
That not less than 10 percent of such aggregate should be
used for renewable energy technology and end-use energy
efficiency technologies.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, not to exceed
$82,000,000: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
such funds shall remain available until September 30, 2026,
for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 2011,
2012, 2013, and 2014: Provided further, That none of the
funds appropriated by this Act or any prior Acts
appropriating funds for the Department of State, foreign
operations, and related programs for tied-aid credits or
grants may be used for any other purpose except through the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated by
this paragraph are made available notwithstanding section
2(b)(2) of the Export-Import Bank Act of 1945, in connection
with the purchase or lease of any product by any Eastern
European country, any Baltic State or any agency or national
thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, not to exceed $99,000,000: Provided, That the
Export-Import Bank may accept, and use, payment or services
provided by transaction participants for legal, financial, or
technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That project
specific transaction costs, including direct and indirect
costs incurred in claims settlements, and other costs for
systems infrastructure directly supporting transactions,
shall not be considered administrative expenses for the
purposes of this heading: Provided further, That
notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) thereof shall remain
in effect until October 1, 2011.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount
appropriated herein, shall be credited as offsetting
collections to this account: Provided, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as
to result in a final fiscal year appropriation from the
General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2011 in excess of obligations shall
become available on September 1, 2011 and shall remain
available until September 30, 2014.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $53,946,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $29,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for
direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2011, 2012, and 2013:
Provided further, That funds so obligated in fiscal year 2011
remain available for disbursement through 2019; funds
obligated in fiscal year 2012 remain available for
disbursement through 2020; and funds obligated in fiscal year
2013 remain available for disbursement through 2021: Provided
further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous
proviso shall be subject to the regular notification
procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$55,200,000, to remain available until September 30, 2012:
Provided, That of the funds appropriated under this heading,
not more than $4,000 may be available for representation and
entertainment allowances.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
5 U.S.C. 3109; and for hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative balances
by program, project, and activity of the funds received by
such department or agency in this fiscal year or any previous
fiscal year that remain unobligated and unexpended: Provided,
That such report should disaggregate such funds by fiscal
year as soon as practicable.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
embassy construction
Sec. 7004. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct
a diplomatic facility of the United States may not include
office space or other accommodations for an employee of a
Federal agency or
[[Page S9175]]
department if the Secretary of State determines that such
department or agency has not provided to the Department of
State the full amount of funding required by subsection (e)
of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G
of that Act; 113 Stat. 1501A-453), as amended by section 629
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United
States may include office space or other accommodations for
members of the United States Marine Corps.
(c) Funds appropriated by this Act, and any prior Act
making appropriations for the Department of State, foreign
operations, and related programs, which may be made available
for the acquisition of property for diplomatic facilities in
Afghanistan, Pakistan, and Iraq, shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(d) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in title
I of this Act may be made available for construction of the
New London Embassy.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 7015 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard
contracts, the Secretary of State shall award contracts in
accordance with section 136 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined
by a cost-technical tradeoff analysis (as described in
Federal Acquisition Regulation part 15.101) in Iraq,
Afghanistan, and Pakistan, notwithstanding subsection (c)(3)
of such section: Provided, That the authority in this section
shall apply to any options for renewal that may be exercised
under such contracts that are awarded during the current
fiscal year: Provided further, That prior to issuing a
solicitation for a contract to be awarded pursuant to the
authority under this section, the Secretary of State shall
consult with the Committees on Appropriations.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by coup d'etat or
decree: Provided, That assistance may be resumed to such
government if the President determines and certifies to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote
democratic elections or public participation in democratic
processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on
Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board
of Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be
transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers.
(3) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 7015(a) and (b) of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2011, for programs
under title VI of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may
be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II
through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or
transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of
the Foreign Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development (USAID) or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such
Act, with funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Global
Health and Child Survival'', ``Development Assistance'', and
``Economic Support Fund'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall
not apply to agreements entered into between USAID and the
Department of State.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which they were
not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days
prior to the exercise of any authority contained in the
Foreign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law,
shall expressly provide that the Inspector General for the
agency receiving the transfer or allocation of such funds
shall perform periodic program and financial audits of the
use of such funds: Provided, That funds transferred under
such authority may be made available for the cost of such
audits.
reporting requirement
Sec. 7010. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2011,
and for each fiscal quarter, a report in writing on the uses
of funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', and ``Peacekeeping Operations'': Provided, That
such report shall include a description of the obligation and
expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such
funds.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
661, section 667, chapters 4, 5, 6, 8, and 9 of part II of
the Foreign Assistance Act of 1961, section 23 of the Arms
Export Control Act, and funds provided under the headings
``Assistance for Europe, Eurasia and Central Asia'',
``Democracy Fund'', ``Pakistan Counterinsurgency Capability
Fund'', and ``Development Credit Authority'', shall remain
available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired,
if such funds are initially obligated before the expiration
of their respective periods of availability contained in this
Act: Provided further, That notwithstanding any other
provision of this Act, any funds made available for the
purposes of chapter 1 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall
remain available until expended.
[[Page S9176]]
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of one calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultations with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2011 on funds appropriated by this Act by a foreign
government or entity against commodities financed under
United States assistance programs for which funds are
appropriated by this Act, either directly or through
grantees, contractors and subcontractors shall be withheld
from obligation from funds appropriated for assistance for
fiscal year 2012 and allocated for the central government of
such country and for the West Bank and Gaza program to the
extent that the Secretary of State certifies and reports in
writing to the Committees on Appropriations that such taxes
have not been reimbursed to the Government of the United
States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not
assess taxes on United States assistance or which have an
effective arrangement that is providing substantial
reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States assistance or
which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to
any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities
financed with United States assistance for programs for which
funds are appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement.
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through
VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the
designation is made impossible by operation of any provision
of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the United
States Agency for International Development (USAID) that are
specifically designated for particular programs or activities
by this or any other Act shall be extended for an additional
fiscal year if the USAID Administrator determines and reports
promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant
change in circumstances makes it unlikely that such
designated funds can be obligated during the original period
of availability: Provided, That such designated funds that
continue to be available for an additional fiscal year shall
be obligated only for the purpose of such designation.
(c) Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs:
Provided, That specifically designated funding levels or
minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
reprogramming notification requirements
Sec. 7015. (a) None of the funds made available in title I
of this Act, or in prior appropriations Acts to the agencies
and departments funded by this Act that remain available for
obligation or expenditure in fiscal year 2011, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees or of currency reflows or
other offsetting collections, or made available by transfer,
to the agencies and departments funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) closes or opens a mission or
post; (6) establishes, reorganizes, or renames offices or
bureaus; (7) reorganizes programs or activities; or (8)
contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under
previous appropriations Acts to the agency or department
funded under title I of this Act that remain available for
obligation or expenditure in fiscal year 2011, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agency or
department funded under title I of this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel,
which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
made available under titles II through VI in this Act under
the headings ``Global Health and Child Survival'',
``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International
Narcotics Control and Law Enforcement'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Economic Support
Fund'', ``Democracy Fund'', ``Peacekeeping Operations'',
``Capital Investment Fund'', ``Operating Expenses'',
``Civilian Stabilization Initiative'', ``Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Millennium Challenge Corporation'',
``Foreign Military Financing Program'', ``International
Military Education and Training'', and ``Peace Corps'', shall
be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on
Appropriations are notified 15 days in advance: Provided,
That the President shall not enter into any commitment of
funds appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days
in advance of such commitment: Provided further, That
requirements of this subsection or any similar provision of
this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are
appropriated under titles II through IV of this Act of less
than 10 percent of the amount previously justified to the
Congress for obligation for such activity, program, or
project for the current fiscal year.
(d) Notwithstanding any other provision of law, with the
exception of funds transferred to, and merged with, funds
appropriated under title I of this Act, funds transferred by
the Department of Defense to the Department of State and the
United States Agency for International Development for
assistance for foreign countries and international
organizations (including for infrastructure projects in
Afghanistan), and funds made
[[Page S9177]]
available for programs authorized by section 1206 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163), shall be subject to the regular
notification procedures of the Committees on Appropriations.
(e) The requirements of this section or any similar
provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided, That in case of
any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but
in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
(f) None of the funds appropriated under titles III through
VI of this Act shall be obligated or expended for assistance
for Serbia, Sudan, Zimbabwe, Afghanistan, Pakistan, Dominican
Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal,
Colombia, Burma, Yemen, Mexico, Kazakhstan, Somalia, Sri
Lanka, or Cambodia and countries listed in section 7044(c)(3)
of this Act except as provided through the regular
notification procedures of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as other committees pursuant to
subsection (f) of that section: Provided, That before issuing
a letter of offer to sell excess defense articles under the
Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with
the regular notification procedures of such Committees if
such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or
are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under
titles III through VI of this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, which are returned or not
made available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance
Act of 1961, shall remain available for obligation until
September 30, 2012.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
allocations
Sec. 7019. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries
in the amounts contained in the respective tables included in
the explanatory statement accompanying this Act:
``Diplomatic and Consular Programs'';
``Educational and Cultural Exchange Programs'';
``International Fisheries Commissions'';
``International Broadcasting Operations'';
``Operating Expenses'';
``Global Health and Child Survival'';
``Development Assistance'';
``Democracy Fund'';
``Economic Support Fund'';
``Assistance for Europe, Eurasia and Central Asia'';
``International Narcotics Control and Law Enforcement'';
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'';
``Peacekeeping Operations'';
``International Military Education and Training'';
``Foreign Military Financing Program''; and
``International Organizations and Programs''.
(b) For the purposes of implementing this section and only
with respect to the tables included in the explanatory
statement accompanying this Act, the Secretary of State, the
Administrator of the United States Agency for International
Development and the Broadcasting Board of Governors, as
appropriate, may propose deviations to the amounts referenced
in subsection (a), subject to the regular notification
procedures of the Committees on Appropriations.
(c) The requirements contained in subsection (a) shall
apply to the tables under the headings ``Bilateral Economic
Assistance'' and ``General Provisions'' in the explanatory
statement.
(d) For the purposes of division K of this Act and unless
otherwise specified, the term ``explanatory statement'' shall
mean the matter in division K of the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
prohibition of payment of certain expenses
Sec. 7020. None of the funds appropriated or otherwise
made available by this Act under the headings ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Global Health and Child Survival'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be
available to any foreign government which provides lethal
military equipment to a country the government of which the
Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export
Administration Act of 1979: Provided, That the prohibition
under this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment: Provided further, That this section
applies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(2) Assistance restricted by paragraph (1) or any other
similar provision of law, may be furnished if the President
determines that to do so is important to the national
interests of the United States.
(3) Whenever the President makes a determination pursuant
to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in titles
III through VI of this Act and funds appropriated under any
such title in prior acts making appropriations for the
Department of State, foreign operations, and related
programs, shall not be made available to any foreign
government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
or
(B) otherwise supports international terrorism.
(2) The President may waive the application of paragraph
(1) to a government if the President determines that national
security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver
in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
limitation on use of funds in contravention of certain laws
Sec. 7022. None of the funds made available in this Act or
prior Acts may be used in contravention of any provision of,
or amendment made by, this Act, unless such authority is
expressly provided in statute: Provided, That if a
determination is made on constitutional grounds by the
executive branch that any provision of law covered by the
preceding sentence shall not apply, the head of the relevant
Federal agency shall notify the Committees on Appropriations
in writing within 5 days of such determination, the basis for
such determination and any resulting changes to program and
policy.
authorization requirements
Sec. 7023. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672, section 15 of the
[[Page S9178]]
State Department Basic Authorities Act of 1956, section 313
of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
definition of program, project, and activity
Sec. 7024. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; for the development assistance accounts of the
United States Agency for International Development ``program,
project, and activity'' shall also be considered to include
central, country, regional, and program level funding, either
as: (1) justified to the Congress; or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within 30 days of the
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 7025. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act: Provided, That the agency shall promptly
report to the Committees on Appropriations whenever it is
conducting activities or is proposing to conduct activities
in a country for which assistance is prohibited.
commerce, trade and surplus commodities
Sec. 7026. (a) None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in
the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to
outweigh the injury to United States producers of the same,
similar, or competing commodity, and the Chairman of the
Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
(c)(1) The Secretary of the Treasury shall instruct the
United States executive directors of the international
financial institutions to use the voice and vote of the
United States to oppose any assistance by such institutions,
using funds appropriated or made available pursuant to titles
III through VI of this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial
injury to United States producers of the same, similar, or
competing commodity.
(2) For the purposes of this Act the term ``international
financial institutions'' shall mean the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund.
separate accounts
Sec. 7027. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States
Agency for International Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the
amount of local currency (and United States dollar
equivalent) used and/or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the regular notification procedures of the Committees
on Appropriations.
assistance for nongovernmental organizations
Sec. 7028. (a) Section 123 of the Foreign Assistance Act of
1961 (22 U.S.C. 2151u) is amended at the end by adding the
following new subsection:
``(i)(1) Restrictions contained in this or any other Act
with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from--
``(A) funds made available to carry out this chapter and
chapters 10, 11, and 12 of part I and chapter 4 of part II;
or
``(B) funds made available for economic assistance
activities under the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
``(2) The President shall submit to Congress, in accordance
with section 634A, advance notice of an intent to obligate
funds under the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations.
``(3) Assistance may not be furnished through
nongovernmental organizations to the central government of a
country under the authority of this subsection, but
assistance may be furnished to local, district, or
[[Page S9179]]
subnational government entities under such authority.''.
``(4) Exception.--This subsection shall not apply--
``(A) with respect to section 620A of this Act or any
comparable provision of law prohibiting assistance to
countries that support international terrorism; or
``(B) with respect to section 116 of this Act or any
comparable provision of law prohibiting assistance to the
government of a country that violates internationally
recognized human rights.''.
(b) Public Law 480.--During fiscal year 2011, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
impact on jobs in the united states
Sec. 7029. None of the funds appropriated under titles III
through VI of this Act may be obligated or expended to
provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture.
international financial institutions
Sec. 7030. (a) None of the funds appropriated in title V of
this Act may be made as payment to any international
financial institution while the United States executive
director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States executive director to such
institution is compensated by the institution at a rate in
excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to oppose any loan, grant, strategy or policy of
such institution that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention, care and treatment for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
health, in connection with such institution's financing
programs.
(c) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund
(the Fund) to use the voice and vote of the United States to
oppose any loan, project, agreement, memorandum, instrument,
plan, or other program of the Fund to a Heavily Indebted Poor
Country that imposes budget caps or restraints that do not
allow the maintenance of or an increase in governmental
spending on health care or education; and to promote
government spending on healthcare, education, food aid, or
other critical safety net programs in all of the Fund's
activities with respect to Heavily Indebted Poor Countries.
debt-for-development
Sec. 7031. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
authority to engage in debt buybacks or sales
Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price paid
for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of
such debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development,
in a manner consistent with sections 707 through 710 of the
Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of
any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section: Provided, That such agency shall make adjustment in
its accounts to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
special debt relief for the poorest
Sec. 7033. (a) Authority to Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-
501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only
[[Page S9180]]
with regard to the funds appropriated by this Act under the
heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance
to a country: Provided, That the authority provided by
subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321
of the International Development and Food Assistance Act of
1975.
special provisions
Sec. 7034. (a) Afghanistan, Pakistan, Iraq, Lebanon,
Victims of War, Displaced Children, and Displaced Burmese.--
Funds appropriated under titles III through VI of this Act
that are made available for assistance for Afghanistan may be
made available notwithstanding section 7012 of this Act or
any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated under titles
III and VI of this Act that are made available for assistance
for Pakistan, Iraq, and Lebanon and for victims of war,
displaced children, displaced Burmese, and to assist victims
of trafficking in persons and, subject to the regular
notification procedures of the Committees on Appropriations,
to combat such trafficking, may be made available
notwithstanding any other provision of law.
(b) Waiver.--
(1) The President may waive the provisions of section 1003
of Public Law 100-204 if the President determines and
certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the Committees on Appropriations that it is important to the
national security interests of the United States.
(2) Period of application of waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(c) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development
(USAID) may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(d) Authority Repealed.--Section 564(g)(4) of Public Law
106-429 and section 3204(f) of division B of Public Law 106-
246, as amended, are hereby repealed.
(e) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(f) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) In section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2010'' and
inserting ``2010, and 2011''; and
(B) in subsection (e), by striking ``2010'' each place it
appears and inserting ``2011''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2010'' and inserting ``2011''.
(g) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance, USAID,
from this or any other Act, $10,000,000 shall be made
available as a general contribution to the World Food
Program, notwithstanding any other provision of law.
(h) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or
Executive order, funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', and ``Transition
Initiatives'' may be made available to support programs to
disarm, demobilize, and reintegrate into civilian society
former members of foreign terrorist organizations: Provided,
That the Secretary of State shall consult with the Committees
on Appropriations prior to the obligation of funds pursuant
to this subsection: Provided further, That for the purposes
of this subsection the term ``foreign terrorist
organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act.
(i) Personnel.--The authority provided by section 1113 of
Public Law 111-32 shall remain in effect through fiscal year
2011: Provided, That none of the funds appropriated or
otherwise made available by this Act or any other Act making
appropriations for the Department of State, foreign
operations, and related programs may be used to implement
phase 3 of such authority.
(j) Contingencies.--During fiscal year 2011, the President
may use up to $75,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(k) Consolidation of Reports.--The Secretary of State, in
coordination with the USAID Administrator, shall submit to
the Committees on Appropriations not later than 90 days after
enactment of this Act recommendations for the consolidation
or combination of reports (including plans and strategies)
that are called for by any provision of law to be submitted
to the Congress and that are substantially duplicative of
others called for by any other provision of law: Provided,
That reports are considered ``substantially duplicative'' if
they are required to address at least more than half of the
same substantive factors, criteria and issues that are
required to be addressed by any other report, and any such
consolidated report must address all the substantive factors,
criteria and issues required to be addressed in each of the
individual reports: Provided further, That reports affected
by this subsection are those within the purview of, or
prepared primarily by, the Department of State and USAID and
that relate to matters addressed under this Act or any other
Act authorizing or appropriating funds for use by, or actions
of, the Department of State or USAID.
(l) Program for Research and Training on Eastern Europe and
the Independent States of the Former Soviet Union.--Of the
funds appropriated by this Act under the heading, ``Economic
Support Fund'', not less than $5,000,000 shall be made
available to carry out the Program for Research and Training
on Eastern Europe and the Independent States of the Former
Soviet Union (title VIII) as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501-
4508, as amended).
(m) International Fund for Ireland.--Of the funds
appropriated under the heading ``Economic Support Fund'' in
this Act, $15,000,000 shall be made available for the United
States contribution to the International Fund for Ireland to
carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99-415): Provided, That such amount shall be
expended at the minimum rate necessary to make timely payment
for projects and activities.
(n) Democracy Promotion.--
(1) Funds made available by this Act that are made
available for the promotion of democracy may be made
available notwithstanding any other provision of law, and
with regard to the National Endowment for Democracy, any
regulation.
(2) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support
good governance, human rights, independent media, and the
rule of law, and otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the
development of democratic states, institutions, and practices
that are responsive and accountable to citizens.
(3) Any contract, grant, or cooperative agreement (or any
amendment to any contract, grant or cooperative agreement) in
excess of $1,000,000 of funds under the heading ``Democracy
Fund'', and in excess of $1,000,000 under other headings in
this Act for the promotion of democracy, with the exception
of programs and activities of the National Endowment for
Democracy, shall be subject to the regular notification
procedures of the Committees on Appropriations.
(4) With respect to the provision of assistance for
democracy, human rights and governance activities in this
Act, the organizations implementing such assistance and the
specific nature of that assistance shall not be subject to
the prior approval by the government of any foreign country.
(5) Of the funds appropriated under title III of this Act
that are made available for the promotion of democracy, up to
$20,000,000 shall be made available to expand access to
information and communications through the Internet, and
shall be used for programs that provide unmonitored and
uncensored access to the Internet for large numbers of users
living in closed societies that have acutely hostile Internet
environments: Provided, That such funds, and any unobligated
funds appropriated in prior Acts making appropriations for
the Department of State, foreign operations and related
programs for Internet freedom, shall not be obligated until
the Secretary of State, in coordination with the USAID
Administrator and the Broadcasting Board of Governors,
submits to the Committees on Appropriations, in classified
form if necessary, a detailed, multi-year strategy to promote
Internet freedom abroad, including goals and objectives,
funding data by Federal agency, program and fiscal year, and
a detailed description of the following--
(A) mechanisms and tools, inluding censorship circumvention
technology, to be used to promote expanded access and freedom
via the Internet and other forms of connection technology,
especially for people living in countries whose governments
censor, monitor, distort, and restrict the Internet and other
forms of media;
(B) the countries which will be focal points for such
strategy, and an assessment of options to reach the largest
number of people in each country;
(C) projected outcomes and metrics for measuring the impact
and sustainability of programs established by such funds; and
(D) an assessment of the effectiveness of the uses of
previously appropriated funds for this purpose.
(o) Accountability Review Boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C.
[[Page S9181]]
4831(a)(3)) shall remain in effect through September 30,
2011.
(p) Partner Vetting.--Funds appropriated by this Act may be
used to implement a Partner Vetting System (PVS) pilot
program, including necessary rulemaking: Provided, That any
such PVS pilot program shall apply equally to the programs
and activities of the Department of State and USAID: Provided
further, That the Secretary of State and the USAID
Administrator shall jointly consult with the Committees on
Appropriations not later than 30 days after enactment of this
Act on progress implementing the PVS pilot program, and
preliminary results: Provided further, That such funds shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(q) Modification Date of Report.--Section 102(b)(1) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)(1) is amended by striking ``September 1'' and
inserting ``April 1''.
(r) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The Secretary of
State shall implement section 203(a)(2) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (Public Law 110-457): Provided, That in
determining whether to suspend the issuance of A-3 or G-5
visas to applicants seeking to work for officials of a
diplomatic mission or international organization, the
Secretary shall consider whether a final court judgment has
been issued against a current or former employee of such
mission or organization (and the time period for a final
appeal has expired) or whether the Department of State has
requested that immunity of individual diplomats or family
members be waived to permit criminal prosecution: Provided
further, That the Secretary should continue to assist in
obtaining payment of final court judgments awarded to A-3 and
G-5 visa holders, including encouraging the sending states to
provide compensation directly to victims: Provided further,
That the Secretary shall include, in a manner the Secretary
deems appropriate, all trafficking cases involving A-3 or G-5
visa holders in the Trafficking in Persons annual report for
which a final civil judgment has been issued (and the time
period for final appeal has expired) or the Department of
Justice has determined that the United States Government
would seek to indict the diplomat or a family member but for
diplomatic immunity.
(s) Modification of Amendment.--Section 620J of the Foreign
Assistance Act of 1961 (Limitation on Assistance to Security
Forces) is amended as follows:
(1) by redesignating the section as section 620M;
(2) in subsection (a), by striking ``evidence'' and
inserting ``information'' and by striking ``gross
violations'' and inserting ``a gross violation''; and
(3) by adding the following subsection:
``(d) Credible Information.--Not later than 180 days after
the enactment of this section, the Secretary shall establish
procedures to--
``(1) ensure that information about gross violations of
human rights by units of the security forces of a foreign
country is gathered and received (including from United
States Government sources and from individuals and
organizations outside the United States Government),
maintained, and evaluated; and
``(2) identify the unit involved when credible information
of a gross violation exists but the identity of the unit is
lacking.''
(t) Sections Repealed.--Sections 494, 495, and 495B through
495K of the Foreign Assistance Act of 1961, and section 1511
of the Foreign Affairs Agencies Consolidation Act of 1998
(Public Law 105-277), are hereby repealed.
(u) Mid-career Pilot Program.--Notwithstanding any other
provision of law, funds appropriated under the heading
``Diplomatic and Consular Programs'' shall be made available
for a pilot program to recruit, hire, and train up to 25 mid-
career professionals for the Foreign Service: Provided, That
the Secretary of State shall consult with the Committees on
Appropriations on the parameters of such a pilot program.
(v) Videoconference Interviews.--
(1) The Secretary of State shall develop and conduct a
pilot program for the processing of tourist visas using
secure remote videoconferencing technology as a method for
conducting visa interviews of applicants, and shall work with
other Federal agencies that use such secure communications to
help ensure security of the videoconferencing transmission
and encryption.
(2) Not later than 90 days after the end of the pilot
program the Secretary of State shall submit a report to the
Committees on Appropriations detailing the results of such
program including recommendations on whether it should be
continued, broadened, or modified.
(3) The Secretary of State may waive the requirement of
paragraph (1) if the Secretary determines and reports to the
Committees on Appropriations that such program poses an undue
security risk, such that it cannot be done in a manner
consistent with maintaining security controls.
(w) Annuitant Waiver.--
(1) Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) is amended--
(A) in paragraph (1)(B), by striking ``to facilitate the''
and all that follows through ``Afghanistan,'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(2) Section 61 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(2)
by striking ``2010'' and inserting ``2012''.
(3) Section 625 of the Foreign Assistance Act of 1961 (22
U.S.C. 2385) is amended in subsection (j)(1)(B) by striking
``2010'' and inserting ``2012''.
(x) Fees.--
(1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) is amended by striking ``2010'' and
inserting instead ``2011''.
(2) Section 410(a)(1)(A) of title IV of the Department of
State and Related Agencies Appropriations Act, 1999
(contained in division A of Public Law 105-277) is amended by
striking ``a fee of $13'' and inserting ``a fee of not to
exceed half the amount of the fee that would otherwise apply
for processing a machine readable combined border crossing
identification card and non-immigrant visa, and may be
increased not more than 50 percent in a fiscal year''.
(y) Victims Compensation.--Of the funds appropriated under
the heading ``Diplomatic and Consular Programs'' in this Act,
up to $4,000,000 may be made available for the purposes
described in the sixth proviso, under the terms and
conditions of the seventh proviso, under such heading in
division J of Public Law 110-161: Provided, That these funds
are in addition to the amount previously appropriated for
such purposes.
(z) Tropical Forest Programs.--The second proviso of
section 7081(d) of Public Law 111-117 is amended to read as
follows: ``Provided further, That Funds appropriated under
title III of this Act for tropical forest programs 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 industrial scale logging into
primary tropical forests, and shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations:''.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel;
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for
[[Page S9182]]
human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance to the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of
conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any
successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and
employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should
continue to take place in locations other than Jerusalem:
Provided further, That as has been true in the past, officers
and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2011, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing
or otherwise honoring individuals who commit, or have
committed acts of terrorism.
(2) Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations act,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development (USAID) shall ensure that Federal
or non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of USAID for
audits, inspections, and other activities in furtherance of
the requirements of this subsection: Provided, That such
funds are in addition to funds otherwise available for such
purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall
conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash
transfer assistance, in fiscal year 2011 under the heading
``Economic Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Funds made available in this Act for West Bank and Gaza
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(g) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the
Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of Public Law 109-13.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas or any power-sharing government of which
Hamas is a member.
(2) Notwithstanding the limitation of subsection (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961,
as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(l)(A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
near east
Sec. 7041. (a) Iraq.--
(1) Funds appropriated or otherwise made available by this
Act for assistance for Iraq shall be made available in a
manner that utilizes Iraqi entities to the maximum extent
practicable, and in accordance with the Department of State's
April 9, 2009 ``Guidelines for Government of Iraq Financial
Participation in United States Government-Funded
[[Page S9183]]
Civilian Foreign Assistance Programs and Projects''.
(2) None of the funds appropriated or otherwise made
available by this Act may be used by the Government of the
United States to enter into a permanent basing rights
agreement between the United States and Iraq.
(3) Funds appropriated or otherwise made available by this
Act for security-related programs in Iraq may only be made
available if the Secretary of State certifies to the
Committees on Appropriations that the Government of Iraq has
committed to contributing to, and sustaining, such programs,
including details on the manner in which such contributions
and sustainment will be achieved.
(4) Of the funds appropriated by this Act for assistance
for Iraq under the heading ``Economic Support Fund'', not
less than $10,000,000 shall be made available for programs
and activities for which policy justifications and decisions
shall be the responsibility of the United States Chief of
Mission in Iraq.
(5) Not later than 45 days after enactment of this Act, and
prior to the initial obligation of funds, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development, shall submit to
the Committees on Appropriations a spending plan for funds
appropriated or otherwise made available by this Act for
assistance for Iraq, which shall include clear and achievable
goals and objectives, indicators and benchmarks for measuring
progress, and expected results: Provided, That such plan
shall not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961.
(b) Lebanon.--Funds appropriated under the heading
``Foreign Military Financing Program'' in this Act for
assistance for Lebanon shall be made available only to
professionalize the Lebanese Armed Forces and to strengthen
border security and combat terrorism, including training and
equipping the Lebanese Armed Forces to secure Lebanon's
borders, interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups, and to
implement United Nations Security Council Resolution 1701:
Provided, That funds may not be made available for obligation
until the Secretary of State provides the Committees on
Appropriations a detailed spending plan: Provided further,
That such plan shall not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961.
(c) Middle East Peace.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a strategy for
curbing incitement and promoting tolerance in the Middle East
region: Provided, That funds appropriated or otherwise made
available in this Act for the Middle East Partnership
Initiative should be made available to implement such
strategy, subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(d) Saudi Arabia.--Section 7041 in division F of Public Law
111-117 shall continue in effect during fiscal year 2011 and
shall apply as if part of this Act.
(e) West Bank and Gaza.--The reporting requirements
regarding the United Nations Relief and Works Agency
contained in the joint explanatory statement accompanying the
Supplemental Appropriations Act, 2009 (Public Law 111-32)
under the heading ``Migration and Refugee Assistance'' in
title XI shall apply to funds made available by this Act
under such heading.
iran sanctions
Sec. 7042. (a) The declaration of policy in section 3 of
the Iran Sanctions Act of 1996 (Public Law 104-172) is
incorporated herein.
(b) None of the funds appropriated or otherwise made
available in title VI of this Act under the heading ``Export-
Import Bank of the United States'' may be used by the Export-
Import Bank of the United States to provide any new financing
(including loans, guarantees, other credits, insurance, and
reinsurance) to any person that is subject to sanctions under
paragraph (2) or (3) of section 5(a) of the Iran Sanctions
Act of 1996 (Public Law 104-172).
(c) The reporting requirement in section 7043(c)(2) in
division F of Public Law 111-117 shall continue in effect
during fiscal year 2011 as if part of this Act.
aircraft transfer and coordination
Sec. 7043. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'' and ``Andean Counterdrug Programs'' may be used
for any other program and in any region, including for the
transportation of active and standby Civilian Response Corps
personnel and equipment during a deployment: Provided, That
the responsibility for policy decisions and justification for
the use of such transfer authority shall be the
responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be
delegated.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after a determination by the
Secretary of State to the Committees on Appropriations that
the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Aircraft purchased or leased by the Department of State
and the United States Agency for International Development
(USAID) with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be coordinated under
the authority of the appropriate Chief of Mission: Provided,
That such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting the Department of State and
USAID programs and activities: Provided further, That
official travel for other agencies for other purposes may be
supported on a reimbursable basis, or without reimbursement
when traveling on a space available basis.
(2) The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is
the transportation of personnel.
western hemisphere
Sec. 7044. (a) Trade Capacity.--Of the funds appropriated
by this Act, not less than $10,000,000 under the heading
``Development Assistance'' and not less than $10,000,000
under the heading ``Economic Support Fund'' shall be made
available for labor and environmental capacity building
activities relating to free trade agreements with countries
of Central America, Peru and the Dominican Republic.
(b) Assistance for Haiti.--
(1) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
(2) Funds appropriated under the heading ``Economic Support
Fund'' in this Act that are made available for assistance for
Haiti shall be made available, to the maximum extent
practicable, in a manner that emphasizes the participation
and leadership of Haitian civil society organizations and
directly improves the security, economic and social well-
being, and political status, of Haitian women and girls.
(3) None of the funds made available by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' may be used to transfer excess weapons or
ammunition of an agency of the United States Government to
any individual or unit of the Haitian National Police if the
Secretary of State has credible information that such
individual or unit has committed a gross violation of
internationally recognized human rights or other serious
crime.
(c) Caribbean Basin Security Initiative.--
(1) Of the funds appropriated by this Act, not more than
$59,900,000 shall be made available for the Caribbean Basin
Security Initiative (CBSI), of which not more than
$16,000,000 shall be funds appropriated under the heading
``Foreign Military Financing Program'' to support military
reform and air and maritime operations: Provided, That a
priority of the CBSI should be to build the capacity and
professionalism of civilian police and judicial institutions:
Provided further, That none of the funds made available under
this subsection shall be made available for budget support or
as cash payments.
(2) Spending plan.--Not later than 45 days after the date
of the enactment of this Act and prior to the initial
obligation of funds, the Secretary of State shall submit to
the Committees on Appropriations a detailed spending plan for
the countries of the Caribbean Basin which shall include
clear and achievable goals and objectives, indicators and
benchmarks for measuring progress, and expected results:
Provided, That such plan shall not be considered as meeting
the notification requirements under section 7015 of this Act
or under section 634A of the Foreign Assistance Act of 1961.
(3) Definition.--For the purposes of this subsection,
``Caribbean Basin Security Initiative'' and ``countries of
the Caribbean Basin'' include Antigua and Barbuda, The
Bahamas, Barbados, Belize, Dominica, Dominican Republic,
Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint
Lucia, Saint Vincent and the Grenadines, Suriname, and
Trinidad and Tobago.
(d) Assistance for Guatemala.--
(1) Of the funds appropriated in this Act under the heading
``International Narcotics Control and Law Enforcement'' not
less than $4,000,000 shall be made available for a United
States contribution to the International Commission Against
Impunity in Guatemala.
(2) None of the funds appropriated under the headings
``International Military Education and Training'' and
``Foreign Military Financing Program'' may be made available
for assistance for the Guatemalan Army, except that such
funds may be made available for the Army Corps of Engineers
only to improve disaster response capabilities and to
participate in international peacekeeping operations.
(e) Assistance for Mexico.--
(1) Prohibition.--None of the funds made available in this
Act for assistance for Mexico may be made available for
budget support or as cash payments.
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(2) Applicability of fiscal year 2009 provisions.--The
provisions of paragraphs (1) through (3) of section 7045(e)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law
111-8) shall apply to funds appropriated or otherwise made
available by this Act for assistance for Mexico, and the
report required in that section shall be based on a written
determination by the Secretary of State of compliance with
each of the requirements in those paragraphs: Provided, That
the spending plan required in that section shall not be
considered as meeting the notification requirements under
section 7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961.
(f) Assistance for the Countries of Central America.--
(1) Prohibition.--None of the funds made available in this
Act for the countries of Central America may be made
available for budget support or as cash payments.
(2) Applicability of fiscal year 2009 provisions.--
(A) In general.--Except as provided in subparagraph B, the
provisions of paragraphs (1) through (3) of section 7045(f)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law
111-8) shall apply to funds appropriated or otherwise made
available by this Act for assistance for countries of Central
America.
(B) Exception.--Section 7045(f)(1) of division H of Public
Law 111-8 is amended by striking ``and `Foreign Military
Financing Program' ''.
(3) Definition.--For the purposes of this subsection, the
term ``countries of Central America'' means Belize, Costa
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
Panama.
(g) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act should be
borne by the recipient country.
colombia
Sec. 7045. (a) Assistance.--
(1) Funds appropriated by this Act and made available to
the Department of State for counter-narcotics or other law
enforcement assistance for the Government of Colombia may be
used to support a unified campaign against narcotics
trafficking and organizations designated as Foreign Terrorist
Organizations and successor organizations, and to take
actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations:
Provided, That no United States Armed Forces personnel or
United States civilian contractor employed by the United
States will participate in any combat operation in connection
with assistance made available by this Act for Colombia:
Provided further, That rotary and fixed-wing aircraft
supported with funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' for
assistance for Colombia may be used for aerial or manual drug
eradication and interdiction, including to transport
personnel and supplies and to provide security for such
operations, if the Secretary of State determines that
voluntary eradication, combined with alternative development
programs, including access to land, markets and social
services, is not feasible in such areas: Provided further,
That such aircraft may also be used to provide transport in
support of alternative development programs and
investigations by civilian judicial authorities: Provided
further, That the President shall ensure that if any
helicopter procured with funds in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, is used to aid or abet the
operations of any illegal self-defense group, paramilitary
organization, illegal security cooperative or successor
organizations in Colombia, such helicopter shall be
immediately returned to the United States: Provided further,
That none of the funds appropriated by this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs may be made available for
assistance for the Colombian Departamento Administrativo de
Seguridad or successor organizations.
(2) Of the funds available under the heading
``International Narcotics Control and Law Enforcement'' for
the Colombian national police for the procurement of
chemicals for aerial coca and poppy eradication programs, not
more than 20 percent of such funds may be made available for
such eradication programs unless the Secretary of State
certifies to the Committees on Appropriations that: (1) the
herbicide is being used in accordance with Environmental
Protection Agency label requirements for comparable use in
the United States and with Colombian laws; and (2) the
herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the
environment, including endemic species: Provided, That such
funds may not be made available unless the Secretary of State
certifies to the Committees on Appropriations that any
complaints of harm to health or licit crops caused by such
aerial eradication are thoroughly investigated and evaluated,
and fair compensation is being paid in a timely manner for
meritorious claims: Provided further, That such funds may not
be made available for such purposes unless programs are being
implemented by the United States Agency for International
Development, the Government of Colombia, or other
organizations, in consultation and coordination with local
communities, to provide alternative sources of income in
areas where security permits for small-acreage growers and
communities whose illicit crops are targeted for aerial
eradication: Provided further, That none of the funds
appropriated by this Act for assistance for Colombia shall be
made available for the cultivation or processing of African
oil palm, if doing so would contribute to significant loss of
native species, disrupt or contaminate natural water sources,
reduce local food security, or cause the forced displacement
of local people: Provided further, That funds appropriated by
this Act may not be used for aerial eradication in Colombia's
national parks or reserves unless the Secretary of State
certifies to the Committees on Appropriations on a case-by-
case basis that there are no effective alternatives and the
eradication is conducted in accordance with Colombian laws.
(b) Applicability of Fiscal Year 2009 Provisions.--
(1) In general.--Except as provided in paragraph (2), the
provisions of subsections (b) through (f) of section 7046 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law
111-8), as amended by section 7046 (b)(2)(A) of division F of
Public Law 111-117, shall apply to funds appropriated or
otherwise made available by this Act for assistance for
Colombia.
(2) Exceptions.--The following provisions of section 7046
of division H of Public Law 111-8 shall apply to funds
appropriated or otherwise made available by this Act for
assistance for Colombia as follows:
(A) Subsection (b)(1)(B) is amended as follows:
(i) By striking clause (i) and inserting the following:
``(i) The Colombian Armed Forces are suspending those
members, of whatever rank, who have been credibly alleged to
have violated internationally recognized human rights, or to
have aided, abetted or benefitted from paramilitary
organizations or successor armed groups; all such cases are
promptly referred to civilian jurisdiction for investigation
and prosecution, and the Colombian Armed Forces are no longer
opposing civilian judicial jurisdiction in such cases; and
the Colombian Armed Forces are cooperating fully with
civilian prosecutors and judicial authorities.''.
(ii) By striking clause (iv) and inserting the following:
``(iv) The Government of Colombia is respecting the rights
of human rights defenders, journalists, trade unionists, and
other social activists, and the rights and territory of
indigenous and Afro-Colombian communities; and the Colombian
Armed Forces are implementing procedures to distinguish
between civilians, including displaced persons, and
combatants, in their operations.''.
(B) Subsection (b)(2) shall be applied by substituting
``July 31, 2011'' for the date contained therein;
(C) Subsection (c) shall be applied by substituting
``September 30, 2011'' for the date contained therein; and
(D) Subsection (d)(1) shall be applied--
(i) by substituting ``18,000,000'' for the dollar amount
contained therein; and
(ii) by substituting ``fiscal year 2011'' for the fiscal
year contained therein.
serbia
Sec. 7046. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2011, if the Secretary of State has submitted
the report required in subsection (c).
(b) After May 31, 2011, the Secretary of the Treasury
should instruct the United States executive directors of the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the
condition in subsection (c).
(c) The report referred to in subsection (a) is a report by
the Secretary of State to the Committees on Appropriations
that the Government of Serbia is cooperating with the
International Criminal Tribunal for the former Yugoslavia
including access to investigators, the provision of
documents, timely information on the location, movement, and
sources of financial support of indictees, and the surrender
and transfer of indictees or assistance in their
apprehension, including Ratko Mladic and Goran Hadzic.
(d) This section shall not apply to humanitarian assistance
or assistance to promote democracy.
community-based police assistance
Sec. 7047. (a) Authority.--Funds made available by titles
III and IV of this Act to carry out the provisions of chapter
1 of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section
660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training
and technical assistance in human rights, prevention and
response to gender-based violence, rule of law, anti-
corruption, strategic planning, and through assistance to
foster civilian police roles that support democratic
governance including assistance for programs to prevent
conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
[[Page S9185]]
prohibition of payments to united nations members
Sec. 7048. None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
carrying out the Foreign Assistance Act of 1961, may be used
to pay in whole or in part any assessments, arrearages, or
dues of any member of the United Nations or, from funds
appropriated by this Act to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
war crimes tribunals drawdown
Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in
lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant
to this section shall be made available subject to the
regular notification procedures of the Committees on
Appropriations.
peacekeeping
Sec. 7050. (a) Missions.--None of the funds appropriated or
otherwise made available by title I of this Act may be used
for any United Nations peacekeeping mission that will involve
United States Armed Forces under the command or operational
control of a foreign national, unless the President's
military advisors have submitted to the President a
recommendation that such involvement is in the national
interests of the United States and the President has
submitted to the Congress such a recommendation.
(b) Assessment.--Section 404(b)(2)(B)(vi) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note) is amended to read as follows:
``(vi) For assessments made during calendar year 2010 and
2011, 27.3 percent.''.
attendance at international conferences
Sec. 7051. None of the funds made available in this Act
may be used to send or otherwise pay for the attendance of
more than 50 employees of agencies or departments of the
United States Government who are stationed in the United
States, at any single international conference occurring
outside the United States, unless the Secretary of State
reports to the Committees on Appropriations that such
attendance is in the national interest: Provided, That for
purposes of this section the term ``international
conference'' shall mean a conference attended by
representatives of the United States Government and of
foreign governments, international organizations, or
nongovernmental organizations.
restrictions on united nations delegations
Sec. 7052. None of the funds made available under title I
of this Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such commission is chaired or presided
over by a country, the government of which the Secretary of
State has determined, for purposes of section 6(j)(1) of the
Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), supports international terrorism.
parking fines and real property taxes owed by foreign governments
Sec. 7053. (a) Subject to subsection (c), of the funds
appropriated under titles III through VI of this Act that are
made available for assistance for a foreign country, an
amount equal to 110 percent of the total amount of the unpaid
fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country
shall be withheld from obligation for assistance for the
central government of such country until the Secretary of
State submits a certification to the Committees on
Appropriations stating that such parking fines and penalties
and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to
the regular notification procedures of the Committees on
Appropriations, provided that no such funds shall be made
available for assistance for the central government of a
foreign country that has not paid the total amount of the
fully adjudicated parking fines and penalties and unpaid
property taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment
of this Act, or at any time with respect to a particular
country, if the Secretary determines that it is in the
national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of
State, after consultations with the City of New York, shall
submit a report to the Committees on Appropriations
describing a strategy, including a timetable and steps
currently being taken, to collect the parking fines and
penalties and unpaid property taxes and interest owed by
nations receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``fully adjudicated'' includes circumstances
in which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation summons;
or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge to the
summons has lapsed.
(2) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through
September 30, 2010.
(3) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State or
subdivision thereof.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries,
subject to such terms and conditions as the President may
prescribe.
(b) Cluster Munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments; and
(2) the agreement applicable to the assistance, transfer,
or sale of such cluster munitions or cluster munitions
technology specifies that the cluster munitions will only be
used against clearly defined military targets and will not be
used where civilians are known to be present or in areas
normally inhabited by civilians.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
limitation on residence expenses
Sec. 7056. Of the funds appropriated or made available
pursuant to title II of this Act, not to exceed $100,500
shall be for official residence expenses of the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of
dollars.
united states agency for international development management
(including transfer of funds)
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds
made available in title III of this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'', may be used by the
United States Agency for International Development (USAID) to
hire and employ individuals in the United States and overseas
on a limited appointment basis pursuant to the authority of
sections 308 and 309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2012.
(c) Conditions.--The authority of subsection (a) should
only be used to the extent that an equivalent number of
positions that are filled by personal services contractors or
other nondirect hire employees of USAID, who are compensated
with funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis
[[Page S9186]]
shall be placed on enabling USAID to meet personnel positions
in technical skill areas currently encumbered by contractor
or other nondirect hire personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations on a quarterly basis
concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which such
individual's responsibilities primarily relate: Provided,
That funds made available to carry out this section may be
transferred to, and merged with, funds appropriated by this
Act in title II under the heading ``Operating Expenses''.
(g) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980, may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(h) Junior Officer Placement Authority.--Of the funds made
available in subsection (a), USAID may use, in addition to
funds otherwise available for such purposes, up to
$15,000,000 to fund overseas support costs of members of the
Foreign Service with a Foreign Service rank of four or below:
Provided, That such authority is only used to reduce USAID's
reliance on overseas personal services contractors or other
nondirect hire employees compensated with funds appropriated
to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia''.
(i) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters.
(j) Technical Advisors.--Up to $13,500,000 of the funds
made available in title III of this Act for assistance under
the heading ``Global Health and Child Survival'', may be used
to reimburse United States Government agencies, agencies of
State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of
individuals (including for the personal services of such
individuals) detailed or assigned to, or contracted by USAID
for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made
available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such
agencies, institutions, and organizations for such costs of
such individuals carrying out other development assistance
activities.
(k) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by USAID to employ up to
40 personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be
assigned to any bureau or office: Provided further, That not
more than 15 of such contractors shall be for activities
related to USAID's Afghanistan or Pakistan program: Provided
further, That such funds appropriated to carry out title II
of the Agricultural Trade Development and Assistance Act of
1954, may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(l) Hiring Authority.--Notwithstanding section 307 of the
Foreign Service Act of 1980, the USAID Administrator may hire
up to 85 individuals under the Development Leadership
Initiative: Provided, That the authority contained in this
subsection shall expire on September 30, 2012.
(m) Locally Employed Staff.--Of the funds appropriated
under title II of this Act, up to $1,000,000, in addition to
funds otherwise made available for such purposes, may be made
available for special compensation for overseas, locally
employed staff.
(n) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of division F of Public Law 111-117 may be
assigned to or support programs in Iraq, Afghanistan, or
Pakistan with funds made available in this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs.
global health activities
Sec. 7058. Funds appropriated by title III of this Act
that are made available for bilateral assistance for child
survival activities or disease programs including activities
relating to research on, and the prevention, treatment and
control of, HIV/AIDS may be made available notwithstanding
any other provision of law except for the provisions under
the heading ``Global Health and Child Survival'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.),
as amended: Provided, That of the funds appropriated under
title III of this Act, not less than $710,000,000 shall be
made available for family planning/reproductive health,
including in areas where population growth threatens
biodiversity or endangered species.
development grants program
Sec. 7059. Of the funds appropriated in title III of this
Act, not less than $45,000,000 shall be made available for
the Development Grants Program established pursuant to
section 674 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161), a significant portion of which is for
unsolicited proposals, to support grants of not more than
$2,000,000 to small nongovernmental organizations: Provided,
That funds made available under this section are in addition
to other funds available for such purposes including funds
designated by this Act by section 7063.
women in development
Sec. 7060. (a) Programs funded under title III of this Act
shall include, where appropriate, gender considerations in
the planning, assessment, implementation, monitoring and
evaluation of such programs.
(b) Funds made available under title III of this Act shall
be made available to support programs to enhance economic
opportunities for poor women in developing countries,
including increasing the number and capacity of women-owned
enterprises, improving property rights for women, increasing
access to financial services, and improving women's ability
to participate in the global economy.
(c) Funds made available under title III of this Act for
food security and agricultural development shall take into
consideration the unique needs of women, and technical
assistance for women farmers should be a priority.
gender-based violence
Sec. 7061. (a) Funds appropriated under the headings
``Development Assistance'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' in
this Act shall be made available for programs to address
sexual and gender-based violence.
(b) Funds appropriated under the headings ``International
Disaster Assistance'' and ``Migration and Refugee
Assistance'' should be made available for gender-based
violence prevention and response efforts, and to strengthen
the capacity of nongovernmental organizations to address such
violence.
(c) Programs and activities funded under titles III and IV
of this Act to train foreign police, judicial, and military
personnel, including for international peacekeeping
operations, shall include, where appropriate, prevention and
response to gender-based violence.
(d) The Secretary of State should seek to ensure that
programs funded under titles III and IV of this Act are
consistent with United Nations Security Council resolutions
1325, 1820 and 1888 in their design and implementation, as
appropriate.
(e) The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall identify critical or widespread incidents
of violence against women and girls in situations of armed
conflict, develop emergency response measures, and consult
with Congress on implementation plans.
education
Sec. 7062. (a) Basic Education.--
(1) Of the funds appropriated by title III of this Act, not
less than $925,000,000 should be made available for
assistance for basic education, of which not less than
$355,000,000 shall be made available under the heading
``Development Assistance'': Provided, That funding provided
under the headings ``Development Assistance'' and ``Economic
Support Fund'' should be used to provide a continuity of
assistance for basic education in humanitarian and other
emergency situations.
(2) The United States Agency for International Development
(USAID) shall ensure that programs supported by funding
appropriated for basic education in this Act, and prior Acts,
are integrated, as appropriate, with other health,
agriculture and economic development funding, and provide a
quality education: Provided, That schools supported by
funding in this Act and in prior Acts should serve as
``Communities of Learning'' and should be the focal point for
health, education and development activities, as appropriate.
(3) Of the funds appropriated by title III of this Act for
basic education, up to $25,000,000 shall be made available as
a contribution to the Fast Track Initiative's Catalytic Fund.
(4) USAID shall serve as the coordinating agency for United
States Government basic education programs globally.
(b) Higher Education.--Of the funds appropriated by title
III of this Act, not less than $225,000,000 shall be made
available for assistance for higher education.
reconciliation programs
Sec. 7063. Of the funds appropriated by title III of this
Act under the headings ``Economic Support Fund'' and
``Development Assistance'', $27,000,000 shall be made
available to support people to people reconciliation programs
which bring together individuals of different ethnic,
religious and political backgrounds from areas of civil
strife and war, of which $11,000,000 shall be made available
for
[[Page S9187]]
such programs in the Middle East: Provided, That the
Administrator of the United States Agency for International
Development shall consult with the Committees on
Appropriations, prior to the initial obligation of funds, on
the most effective uses of such funds.
comprehensive expenditures report
Sec. 7064. Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the
total amount of United States Government expenditures in
fiscal years 2009 and 2010, by Federal agency, for assistance
programs and activities in each foreign country, identifying
the line item as presented in the President's Budget Appendix
and the purpose for which the funds were provided: Provided,
That if required, information may be submitted in classified
form.
requests for documents
Sec. 7065. None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
prohibition on use of torture
Sec. 7066. (a) None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture, cruel or inhumane treatment by any official
or contract employee of the United States Government.
(b) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit to the Committees on
Appropriations a report identifying those countries whose
police, military, or other security forces use torture, as
determined by the Assistant Secretary of State for Democracy,
Human Rights and Labor based on the Department of State's
most recent Human Rights Report and other relevant
information.
(c) Funds appropriated by this Act to carry out the
provisions of chapters 1, 10, 11, and 12 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 to help
eliminate torture by foreign police, military or other
security forces.
africa
Sec. 7067. (a) Expanded International Military Education
and Training.--
(1) Funds appropriated under the heading ``International
Military Education and Training'' in this Act that are made
available for assistance for Angola, Cameroon, Central
African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe
may be made available only for training related to
international peacekeeping operations and expanded
international military education and training.
(2) None of the funds appropriated under the heading
``International Military Education and Training'' in this Act
may be made available for assistance for Equatorial Guinea or
Somalia.
(b) Ethiopia.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
available for assistance for Ethiopia may be made available
unless the Secretary of State--
(A) certifies to the Committees on Appropriations that the
Government of Ethiopia is making significant efforts to
respect due process and the rights of its citizens to
peaceful expression and association, and is permitting access
to independent human rights and humanitarian organizations to
the Somalia region of Ethiopia; and
(B) submits a report to such Committees on the types and
amounts of United States training and equipment proposed to
be provided to the Ethiopian military including steps that
will be taken to ensure that such assistance is not provided
to military units or personnel that have violated
internationally recognized human rights, and steps taken by
the Government of Ethiopia to investigate and prosecute
members of the Ethiopian military who have been credibly
alleged to have violated such rights.
(2) The restriction in paragraph (1) shall not apply to
assistance to Ethiopian military efforts in support of
international peacekeeping operations and for assistance to
the Ethiopian Defense Command and Staff College.
(c) Conflict Minerals.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Rwanda or Uganda if the
Secretary of State has credible evidence that the Government
of Rwanda or the Government of Uganda is providing political,
military or financial support to armed groups in the
Democratic Republic of the Congo (DRC) that are involved in
the illegal exportation of minerals out of the DRC or have
committed violations of internationally recognized human
rights, including rape.
(2) The restriction in paragraph (1) shall not apply to
assistance to improve border controls to prevent the illegal
exportation of minerals out of the DRC by such groups, to
protect relief efforts, or to support the training and
deployment of members of the Rwandan or Ugandan militaries in
international peacekeeping operations.
(d) Sudan Limitation on Assistance.--
(1) Subject to paragraph (2):
(A) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(B) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Paragraph (1) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations
that:
(A) The Government of Sudan honors its pledges to cease
attacks upon civilians and disarms and demobilizes the
Janjaweed and other government-supported militias;
(B) The Government of Sudan and all government-supported
militia groups are honoring their commitments made in all
previous cease-fire agreements; and
(C) The Government of Sudan is allowing unimpeded access to
Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international
monitoring team that is based in Darfur and has the support
of the United States.
(3) The provisions of paragraph (1) shall not apply to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State, and
Abyei; and
(C) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace Agreement
or any other internationally recognized viable peace
agreement in Sudan.
(4) For the purposes of this Act, the term ``Government of
Sudan'' shall not include the Government of Southern Sudan.
(5) Notwithstanding any other provision of law, assistance
in this Act may be made available to the Government of
Southern Sudan to provide non-lethal military assistance,
military education and training, and defense services
controlled under the International Traffic in Arms
Regulations (22 CFR 120.1 et seq.) if the Secretary of
State--
(A) determines that the provision of such items is in the
national interest of the United States; and
(B) not later than 15 days before the provision of any such
assistance, notifies the Committees on Appropriations of such
determination.
(e) Southern Sudan.--The Secretary of State shall obtain
regular audits of the financial accounts of the Government of
Southern Sudan to ensure transparency and accountability of
funds, including revenues from the extraction of oil and gas,
and the public disclosure of such audits in a timely manner:
Provided, That in determining amounts and types of United
States assistance to make available to the Government of
Southern Sudan, the Secretary shall consider the extent to
which such government is ensuring transparency and
accountability of funds: Provided further, That the Secretary
shall, as appropriate, assist the Government of Southern
Sudan in conducting such audits, and shall submit a report
not later than 90 days after enactment of this Act to the
Committees on Appropriations detailing the steps that will be
taken by the Government of Southern Sudan, which are
additional to those which were taken in the previous fiscal
year, to improve resource management and ensure transparency
and accountability of funds.
(f) The Gambia.--The Secretary of the Treasury shall
instruct the United States executive directors of the
international financial institutions to vote against any
loan, agreement, or other financial support for The Gambia,
except to meet basic human needs, unless the Secretary of
State certifies to the Committees on Appropriations that the
Government of The Gambia is making significant efforts to
release and account for political prisoners, including
Ebrimah Manneh.
(g) War Crimes in Africa.--
(1) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the
Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against
humanity in a timely manner.
(2) Funds appropriated by this Act, including funds for
debt restructuring, may be made available for assistance for
the central government of a country in which individuals
indicted by ICTR and SCSL are credibly alleged to be living,
if the Secretary of State determines and reports to the
Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and
transfer of indictees in a timely manner: Provided, That this
subsection shall not apply to assistance provided under
section 551 of the Foreign Assistance Act of 1961 or to
project assistance under title VI of this Act: Provided
further, That the United States shall use its voice and vote
in the United Nations Security Council to fully support
efforts by ICTR and SCSL to bring to justice individuals
indicted by such tribunals in a timely manner.
(3) The prohibition in paragraph (2) may be waived on a
country-by-country basis if the President determines that
doing so is in the national security interest of the United
States: Provided, That prior to exercising
[[Page S9188]]
such waiver authority, the President shall submit a report to
the Committees on Appropriations, in classified form if
necessary, on--
(A) the steps being taken to obtain the cooperation of the
government in surrendering the indictee in question to the
court of jurisdiction;
(B) a strategy, including a timeline, for bringing the
indictee before such court; and
(C) the justification for exercising the waiver authority.
(h) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any extension by the respective
institution of any loans or grants to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
reports in writing to the Committees on Appropriations that
the rule of law has been restored in Zimbabwe, including
respect for ownership and title to property, freedom of
speech and association.
(2) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, except for health, education, and macroeconomic
growth assistance, unless the Secretary of State makes the
determination pursuant to paragraph (1).
asia
Sec. 7068. (a) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to use the voice and vote of the United
States to support projects in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership
of Tibetan land and natural resources to non-Tibetans; are
based on a thorough needs-assessment; foster self-sufficiency
of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not less
than $7,500,000 of the funds appropriated by this Act under
the heading ``Economic Support Fund'' should be made
available to nongovernmental organizations to support
activities which preserve cultural traditions and promote
sustainable development and environmental conservation in
Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China.
(b) Burma.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to oppose and vote against the extension by such
institution of any loan or financial or technical assistance
or any other utilization of funds of the respective bank to
and for Burma.
(2) Funds appropriated by this Act may be made available
for assistance for Burma notwithstanding any other provision
of law, except no such funds shall be made available to the
State Peace and Development Council, or its successor, and
its affiliated organizations: Provided, That such funds shall
be made available to support programs in Burma, along Burma's
borders, and for Burmese groups and organizations located
outside Burma: Provided further, That not less than
$5,000,000 shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for
Burmese refugees appropriated under the heading ``Migration
and Refugee Assistance'' in this Act: Provided further, That
any new program or activity initiated with funds made
available by this Act shall be subject to prior consultation
with the Committees on Appropriations, and all such funds
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Cambodia.--
(1) Funds made available in this Act for a United States
contribution to a Khmer Rouge tribunal may only be made
available if the Secretary of State certifies to the
Committees on Appropriations that the United Nations and the
Government of Cambodia are taking effective steps to address
allegations of corruption and mismanagement within the
tribunal.
(2) Not later than 30 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations listing Cambodian officials known to have been
involved in the decision to repatriate 20 Uigher asylum
seekers from Cambodia to the People's Republic of China in
December 2009: Provided, That such report shall be posted on
the Department of State's public Web site not more than 7
days after such report is transmitted to Congress.
(d) Indonesia.--
(1) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are available for
assistance for Indonesia, $2,000,000 may not be obligated
until the Secretary of State submits to the Committees on
Appropriations the report on Indonesia detailed under such
heading in Senate Report 111-237: Provided, That such report
shall include steps taken by the Government of Indonesia to
guarantee freedom of expression in Papua and the southern
Moluccan Islands.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance
for Indonesia, not less than $400,000 should be made
available for grants for capacity building of Indonesian
human rights organizations, including in Papua.
(e) North Korea.--
(1) Funds appropriated under the heading ``Migration and
Refugee Assistance'' in this Act should be made available for
assistance for refugees from North Korea.
(2) Funds made available by this Act under the heading
``Economic Support Fund'' for assistance for countries in the
North Asia region may be made available for programs and
activities pursuant to section 4 of Public Law 108-333, as
amended, and subject to the regular notification procedures
of the Committees on Appropriations: Provided, That for the
purposes of this subsection, such programs and activities
shall be considered democracy promotion.
(f) People's Republic of China.--
(1) None of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act may be
obligated or expended for processing licenses for the export
of satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic
of China unless, at least 15 days in advance, the Committees
on Appropriations are notified of such proposed action.
(2) The terms and requirements of section 620(h) of the
Foreign Assistance Act of 1961 shall apply to foreign
assistance projects or activities of the People's Liberation
Army (PLA) of the People's Republic of China, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Notwithstanding any other provision of law and subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations, of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $15,000,000 shall be made
available to United States educational institutions and
nongovernmental organizations for programs and activities in
the People's Republic of China relating to the environment,
governance, and the rule of law.
(g) Philippines.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' that
are available for assistance for the Philippines, $3,000,000
may not be obligated until the Secretary of State submits to
the Committees on Appropriations the report on the
Philippines detailed under such heading in Senate Report 111-
237.
(h) Timor-Leste.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$1,000,000, in addition to funds otherwise made available for
such purposes, shall be made available for democracy programs
and activities in Timor-Leste, and not less than $2,000,000
shall be made available for higher education scholarships.
(i) Vietnam.--Funds appropriated by this Act that are made
available for assistance for Vietnam for remediation of
dioxin contaminated sites and related health activities may
be made available for assistance for the Government of
Vietnam, including the military, for such purposes.
independent states of the former soviet union
Sec. 7069. (a) None of the funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia''
may be made available for assistance for a government of an
Independent State of the former Soviet Union if that
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act, unless the Secretary of
State determines that to do so is in the national security
interests of the United States.
(b) Funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(c)(1) Of the funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'' that are
available for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation
until the Secretary of State certifies to the Committees on
Appropriations that the Government of the Russian
Federation--
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in the North
Caucasus.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
[[Page S9189]]
(d) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or nonproliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
central asia
Sec. 7070. The terms and conditions of sections 7075(a)
and (b) and 7076(a) through (e) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2009 (division H of Public Law 111-8) shall apply to funds
appropriated by this Act: Provided, That for the purposes of
the application of section 7076(e) to this Act, the term
``assistance'' shall not include expanded international
military education and training.
south asia
Sec. 7071. (a) Afghanistan.--
(1) Limitation.--None of the funds appropriated or
otherwise made available by this Act under the headings
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' may be obligated for assistance
for Afghanistan until the Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development (USAID), certifies and reports to
the Committees on Appropriations that--
(A) The Government of Afghanistan is--
(i) demonstrating a commitment to reduce corruption and
improve governance, including by investigating, prosecuting,
sanctioning and/or removing corrupt officials from office and
to implement financial transparency and accountability
measures for government institutions and officials (including
the Central Bank) as well as to conduct oversight of public
resources;
(ii) taking significant steps to facilitate active public
participation in governance and oversight; and
(iii) taking credible steps to protect the internationally
recognized human rights of Afghan women.
(B) There is a unified United States Government anti-
corruption strategy for Afghanistan that is adequately
funded, and is being implemented in conjunction with relevant
Afghan authorities.
(C) Funds will be programmed to support and strengthen the
capacity of Afghan public and private institutions and
entities to reduce corruption and to improve transparency and
accountability of national, provincial and local governments,
such as--
(i) the High Office of Oversight;
(ii) the Control and Audit Office;
(iii) the Afghan Criminal Justice Task Force;
(iv) the Afghan Judicial Security Unit;
(v) the Anti-Corruption Tribunal, and the Attorney
General's Anti-Corruption Unit;
(vi) the training and mentoring of judicial personnel;
(vii) the training and mentoring of Afghan Government
personnel in financial management, budgeting, and independent
oversight of public funds; and
(viii) Afghan civil society organizations and media
institutions that play an important role in government
oversight.
(D) Representatives of Afghan national, provincial or local
governments, local communities and civil society
organizations, as appropriate, will be consulted and
participate in the design of programs, projects, and
activities, including participation in implementation and
oversight, and the development of specific benchmarks to
measure progress and outcomes.
(E) Funds will be used to train and deploy additional
United States Government direct-hire personnel to improve
monitoring and control of assistance to ensure that funds are
used for the intended purpose and do not support illicit and/
or corrupt activities.
(F) A framework and methodology is being utilized to assess
national, provincial, local and sector level fiduciary risks
relating to public financial management of United States
Government assistance.
(2) Direct government-to-government assistance.--
(A) Funds appropriated or otherwise made available by this
Act for assistance for Afghanistan may not be made available
for direct government-to-government assistance unless the
Secretary of State certifies to the Committees on
Appropriations that the relevant Afghan implementing agency
has been assessed and considered qualified to manage such
funds and the Government of the United States and the
Government of Afghanistan have agreed, in writing, to clear
and achievable goals and objectives for the use of such
funds, and have established mechanisms within each
implementing agency to ensure that such funds are used for
the purposes for which they were intended: Provided, That the
Secretary of State should suspend any direct government-to-
government assistance to an implementing agency if the
Secretary has credible information of misuse of such funds by
any such agency: Provided further, That any such assistance
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(B) Funds appropriated or otherwise made available by this
Act for assistance for Afghanistan may be made available as a
United States contribution to the Afghanistan Reconstruction
Trust Fund (ARTF) unless the Secretary of State determines
and reports to the Committees on Appropriations that the
World Bank Monitoring Agent of the ARTF is unable to conduct
its financial control and audit responsibilities due to
restrictions on security personnel by the Government of
Afghanistan.
(3) Assistance and operations.--
(A) Funds appropriated under the headings ``Economic
Support Fund'' and ``International Narcotics Control and Law
Enforcement'' in this Act that are available for assistance
for Afghanistan--
(i) shall be made available, to the maximum extent
practicable, in a manner that emphasizes the participation of
Afghan women, and directly improves the security, economic
and social well-being, and political status, and protects the
rights of, Afghan women and girls and complies with sections
7060 and 7061 of this Act, including support for the Afghan
Independent Human Rights Commission, the Afghan Ministry of
Women's Affairs, and women-led nongovernmental organizations.
(ii) may be made available for a United States contribution
to an internationally-managed fund to support the
reconciliation with and disarmament, demobilization and
reintegration into Afghan society of former combatants who
have renounced violence against the Government of
Afghanistan: Provided, That funds may be made available to
support reconciliation and reintegration activities only if:
(1) Afghan women are participating at national, provincial
and local levels of government in the design, policy
formulation and implementation of the reconciliation or
reintegration process, and such process upholds steps taken
by the Government of Afghanistan to protect the
internationally recognized human rights of Afghan women; and
(2) such funds will not be used to support any pardon or
immunity from prosecution, or any position in the Government
of Afghanistan or security forces, for any leader of an armed
group responsible for crimes against humanity, war crimes, or
other violations of internationally recognized human rights;
(iii) may be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund; and
(iv) should be made available, notwithstanding any
provision of law that restricts assistance to foreign
countries, for cross border stabilization and development
programs between Afghanistan and Pakistan or between either
country and the Central Asian republics.
(B) Programs and activities funded under titles III and IV
of this Act that provide training for foreign police,
judicial, and military personnel shall address, where
appropriate, gender-based violence.
(C) The authority contained in section 1102(c) of Public
Law 111-32 shall continue in effect during fiscal year 2011
and shall apply as if part of this Act.
(D) The Coordinator for Rule of Law at the United States
Embassy in Kabul, Afghanistan shall be consulted on the use
of all funds appropriated by this Act for rule of law
programs in Afghanistan.
(E) None of the funds made available by this Act may be
used by the United States Government to enter into a
permanent basing rights agreement between the United States
and Afghanistan.
(F) The Secretary of State, after consultation with the
USAID Administrator, shall submit to the Committees on
Appropriations not later than 45 days after enactment of this
Act, and prior to the initial obligation of funds, a detailed
spending plan for assistance for Afghanistan which shall
include clear and achievable goals, benchmarks for measuring
progress, and expected results: Provided, That such plan
shall not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961.
(G) Any significant modification to the scope, objectives
or implementation mechanisms of United States assistance
programs in Afghanistan shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations, except that the prior
consultation requirement may be waived in a manner consistent
with section 7015(e) of this Act.
(4) Oversight.--
(A) The Special Inspector General for Afghanistan
Reconstruction, the Inspector General of the Department of
State and the Inspector General of USAID, shall jointly
develop and submit to the Committees on Appropriations within
45 days of enactment of this Act a coordinated audit and
inspection plan of United States assistance for, and civilian
operations in, Afghanistan.
(B) Of the funds appropriated in this Act under the heading
``Economic Support Fund'' for assistance for Afghanistan,
$3,000,000 shall be transferred to, and merged with, funds
made available under the heading ``Office of Inspector
General'' in title I of this Act, for increased oversight of
programs
[[Page S9190]]
in Afghanistan and shall be in addition to funds otherwise
available for such purposes: Provided, That $1,500,000 shall
be for the Special Inspector General for Afghanistan
Reconstruction.
(C) Of the funds appropriated in this Act under the heading
``Economic Support Fund'' for assistance for Afghanistan,
$1,500,000 shall be transferred to, and merged with, funds
appropriated under the heading ``Office of Inspector
General'' in title II of this Act for increased oversight of
programs in Afghanistan and shall be in addition to funds
otherwise available for such purposes.
(5) Modification to prior provisions.--
(A) Section 1004(c)(1)(C) of Public Law 111-212 is amended
to read as follows:
``(C) taking credible steps to protect the internationally
recognized human rights of Afghan women.''.
(B) Section 1004(d)(1) of Public Law 111-212 is amended to
read as follows:
``(1) Afghan women are participating at national,
provincial and local levels of government in the design,
policy formulation and implementation of the reconciliation
or reintegration process, and such process upholds steps
taken by the Government of Afghanistan to protect the
internationally recognized human rights of Afghan women;
and.''.
(C) Section 1004(e)(1) of Public Law 111-212 is amended to
read as follows:
``(1) based on information available to the Secretary, the
Independent Electoral Commission has no members or other
employees who participated in, or helped to cover up, acts of
fraud in the 2009 presidential election in Afghanistan, and
the Electoral Complaints Commission is a genuinely
independent body with all the authorities that were invested
in it under Afghan law as of December 31, 2009.''.''.
(b) Nepal.--
(1) Funds appropriated by this Act under the headings
``Foreign Military Financing Program'' and ``Peacekeeping
Operations'' may be made available for assistance for Nepal
only if the Secretary of State certifies to the Committees on
Appropriations that the Nepal Army is--
(A) cooperating fully with investigations and prosecutions
by civilian judicial authorities of violations of
internationally recognized human rights, including the 2004
murder of Maina Sunuwar; and
(B) working constructively to redefine the Nepal Army's
mission and adjust its size accordingly, implement reforms
including strengthening the capacity of the civilian ministry
of defense to improve budget transparency and accountability,
and facilitate the integration of former rebel combatants
into the security forces including the Nepal Army, consistent
with the goals of reconciliation, peace and stability.
(2) The conditions in paragraph (1) shall not apply to
assistance for humanitarian relief and reconstruction
activities in Nepal.
(c) Pakistan.--
(1) In general.--Funds appropriated by this Act that are
available for assistance for Pakistan shall be made
available, to the maximum extent practicable, in a manner
that utilizes Pakistani entities and directly improves the
security, economic and social well-being of Pakistani women
and girls.
(2) Direct government-to-government assistance.--Funds
appropriated by this Act for assistance for Pakistan may be
made available for direct government-to-government assistance
only if the Secretary of State certifies to the Committees on
Appropriations that the Government of the United States and
the Government of Pakistan have agreed, in writing, to clear
and achievable goals and objectives for the use of such
funds, and have established mechanisms within each
implementing agency to ensure that such funds are used for
the purposes for which they were intended: Provided, That the
Secretary of State should suspend any direct government-to-
government assistance to an implementing agency if the
Secretary has credible information of misuse of such funds by
any such agency: Provided further, That funds made available
pursuant to this subparagraph shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(3) Cross border assistance.--Funds appropriated under the
heading ``Economic Support Fund'' in this Act for assistance
for Pakistan should be provided notwithstanding any provision
of law that restricts assistance to foreign countries for
cross border stabilization and development programs between
Afghanistan and Pakistan or between either country and the
Central Asian republics.
(4) Infrastructure projects.--Funds appropriated under the
heading ``Economic Support Fund'' in this Act that are made
available for assistance for infrastructure projects in
Pakistan shall be implemented in a manner consistent with
section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(5) Human rights.--
(A) Funds appropriated under the headings ``Foreign
Military Financing Program'' and ``Pakistan Counterinsurgency
Capability Fund'' in this Act that are available for
assistance for Pakistan shall be made available--
(i) in a manner that promotes unimpeded access by
humanitarian organizations to detainees, internally displaced
persons, and other Pakistani civilians adversely affected by
the conflict; and
(ii) in accordance with section 620M of the Foreign
Assistance Act of 1961, as amended by this Act.
(B) Funds appropriated under the heading ``Economic Support
Fund'' in this Act for assistance for Pakistan shall be made
available through the Bureau of Democracy, Human Rights and
Labor, Department of State, for human rights programs in
Pakistan, including training of government officials and
security forces, and assistance for human rights
organizations.
(6) Chief of mission.--Of the funds appropriated under the
heading ``Economic Support Fund'' in this Act for assistance
for Pakistan, up to $10,000,000 may be made available to the
Chief of Mission to address unanticipated humanitarian and
conflict related needs: Provided, That such funds shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
except that the prior consultation requirement may be waived
in a manner consistent with section 7015(e) of this Act.
(7) Spending plan.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall submit to the Committees on
Appropriations not later than 45 days after enactment of this
Act, and prior to the initial obligation of funds, a detailed
spending plan for assistance for Pakistan which shall include
clear and achievable goals, benchmarks for measuring
progress, and expected results: Provided, That such plan
shall not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961.
(8) Modification to program.--Any significant modification
to the scope, objectives or implementation mechanisms of
United States assistance programs in Pakistan shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
except that the prior consultation requirement may be waived
if it is determined that failure to do so would pose a
substantial risk to human health or welfare: Provided, That
in case of any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but
in no event later than 3 days after taking the action to
which such consultation requirement was applicable.
(d) Sri Lanka.--
(1) Funds appropriated in title III of this Act that are
available for assistance for Sri Lanka shall be made
available for programs that promote reconciliation between
ethnic Sinhalese and Tamil populations, support post-conflict
reconstruction, and advance the participation of Tamils and
other minorities in the political and economic life of the
country, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(2) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Sri Lanka, no defense export
license may be issued, and no military equipment or
technology shall be sold or transferred to Sri Lanka pursuant
to the authorities contained in this Act or any other Act,
unless the Secretary of State certifies to the Committees on
Appropriations that the Government of Sri Lanka is--
(A) investigating alleged violations of internationally
recognized human rights and international humanitarian law by
government forces and the Liberation Tigers of Tamil Eelam,
including the assassination of Lasantha Wickrematunge;
(B) bringing to justice individuals who have been credibly
alleged to have committed such violations;
(C) supporting and cooperating with any United Nations
advisory panel or investigation of alleged violations of
international humanitarian law;
(D) respecting due process and the rights of its citizens
to peaceful expression and association;
(E) providing access to detainees and conflict-affected
areas and populations by humanitarian organizations; and
(F) implementing policies to promote reconciliation and
justice including devolution of power as provided for in the
Constitution of Sri Lanka.
(3) Paragraph (2) shall not apply to assistance for
humanitarian demining and aerial and maritime surveillance.
(4) If the Secretary makes the certification required in
paragraph (2), funds appropriated under the heading ``Foreign
Military Financing Program'' that are made available for
assistance for Sri Lanka should be used to support the
recruitment and training of Tamils into the Sri Lankan
military, Tamil language training for Sinhalese military
personnel, and human rights training for all military
personnel.
(5) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to vote against any loan, agreement, or other
financial support for Sri Lanka except to meet basic human
needs, unless the Secretary of State certifies to the
Committees on Appropriations that the Government of Sri Lanka
is meeting the requirements in paragraph (2)(E) and (F) of
this subsection.
enterprise funds
Sec. 7072. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
[[Page S9191]]
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available under titles III through VI of
this Act for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities and shall be subject to the regular
notification procedures of the Committees on Appropriations.
united nations population fund
Sec. 7073. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2011, $57,500,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health and Child Survival'' account and shall
be made available for family planning, maternal, and
reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that the UNFPA is budgeting for the year in which the report
is submitted for a country program in the People's Republic
of China.
(2) If a report under paragraph (1) indicates that the
UNFPA plans to spend funds for a country program in the
People's Republic of China in the year covered by the report,
then the amount of such funds the UNFPA plans to spend in the
People's Republic of China shall be deducted from the funds
made available to the UNFPA after March 1 for obligation 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 conditions 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 transferred pursuant to this
section: Provided further, That the exercise of such
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority
of subsections (a) through (c) of section 234 of such Act
shall remain in effect through September 30, 2013.
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 Assistance'', 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 parole or for killing
a law enforcement officer, as specified in a United States
extradition request.
(b) Subsection (a) shall only apply to the central
government of a country with which the United States
maintains 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.
climate change and environment programs
Sec. 7076. (a) In General.--Of the funds appropriated 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, tropical
forests, and other critical landscapes.
(b) Uses of Clean Energy Funding.--Funds appropriated 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 energy technologies and end-
use energy efficiency technologies, carbon sequestration, and
carbon accounting.
(c) Tropical Forest Programs.--Funds appropriated under
title III of this Act for tropical forest programs 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 industrial scale logging into
primary tropical forests, and shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided, That not more
than $5,000,000 of the funds that are available for the
Central African Regional Program for the Environment (CARPE)
and other tropical forest programs in the Congo Basin may be
obligated before 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 Appropriations,
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 Investment
Program, the Secretary of State and/or the Secretary 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 organizations.
(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 related to the extraction of
timber, oil and gas, cacao and other natural resources,
including by strengthening implementation and monitoring of
the Extractive Industries Transparency Initiative and the
Kimberley Process Certification Scheme, and by providing
technical assistance to promote independent audit mechanisms
and support civil society participation in natural resource
management.
(2)(A) The Secretary of the Treasury shall inform 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 institutions (including but not limited to any loan,
credit, grant, or guarantee) for the extraction and export of
oil, gas, coal, timber, or other natural resource unless the
government of the country has in place functioning systems in
the sector in which assistance is being considered for:
(i) accurately accounting for and public disclosure of
payments to the host government by companies involved in the
extraction and export of natural resources;
(ii) the independent auditing of accounts receiving such
payments and the widespread public dissemination of the
findings of such audits; 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 Secretary of
State, as appropriate, shall instruct the United States
executive director of each international financial
institution and the United States representatives to all
forest-related multilateral financing mechanisms and
processes, that it is the policy of the United States to
oppose the expansion of industrial scale logging into primary
tropical forests.
(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 Secretary 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 country;
(B) prior to the obligation of funds from the Fund to a
recipient country, recipient countries shall submit to the
governing body of the Fund, and the governing body of the
Fund appropriately reviews and considers, an investment plan
that will achieve significant
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net reductions in national-level greenhouse gas emissions;
(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 percent of its total cost for public sector
activities contributed from the public funds of the recipient
country, and any recipient country whose borrowing status is
classified by the World Bank as ``International Bank for
Reconstruction 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 countries (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 subsection--
(A) Net reductions.--The term ``net reductions'' refers to
the extent to which a project or program supported under this
subsection results in lower greenhouse gas emissions than
would be emitted by the same entity or sector in the same
country in the absence of the Fund's project, taking into
account, unless impracticable, effects beyond the physical
boundaries 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 financing of the investment plan.
(C) Clean energy technology.--The term ``clean energy
technology'' means a technology that, as compared with
technologies being deployed at that time for widespread
commercial use in the country involved--
(i) achieves substantial reductions in greenhouse gas
emissions;
(ii) does not result in significant incremental 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 resource;
(II) substantially increases the energy efficiency of
buildings, industrial, or agricultural processes, or of
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
attributable 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 allies''.
international prison conditions
Sec. 7079. (a) Not later than 180 days after enactment 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 Department of
State's Web site, indicating those countries receiving
assistance under the headings ``Development Assistance'',
``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', and ``Foreign Military 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 pursuant to
subsection (a), the Assistant Secretary shall consider 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 to help eliminate
inhumane conditions in foreign prisons and other detention
facilities.
transparency, accountability and anti-kleptocracy
Sec. 7080. (a) United Nations.--Funds appropriated by this
Act shall be available to continue to support efforts to
promote transparency and accountability at the United
Nations, including access to audits and program information,
as appropriate: Provided, That the Secretary of State,
following consultation with the Committees on Appropriations,
may withhold from obligation funds appropriated under the
heading ``International Organizations and Programs'' for a
United States contribution to a United Nations organization
or agency if the Secretary 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 International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the
IMF before other private creditors and in full.
(c) National Budget and Contract Transparency.--
(1) None of the funds appropriated under titles III and IV
of this Act may be made available for assistance 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 prohibition 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 national 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 promote
budget transparency: Provided, That such 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 transparency to donors and
citizens of recipient countries;
(2) enhance civil society participation in governance and
oversight activities including participatory and transparent
budgeting, and capacity building to increase legislative
branch oversight; and
(3) improve police and justice systems that support 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
extraction of natural resources in their countries.
(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 admission to the United
States is necessary to attend the United Nations, to further
important United States law enforcement objectives, or that
the circumstances which caused the individual to be included
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 writing, in classified
form if necessary, to the Committees 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 ``Contribution to
the Asian Development Fund'' shall be withheld 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--
(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 vulnerable to fraud and corruption;
(2) strengthen internal controls to improve accountability
by management and prevent cases of fraud and corruption; and
(3) ensure that restitution, including criminal prosecution
if appropriate, is sought if the Bank experiences 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 countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, and
integration of individuals with disabilities, including for
the cost of translation.
(b) Funds appropriated under the heading ``Operating
Expenses'' in title II of this Act
[[Page S9193]]
shall be made available to develop and implement training for
staff in overseas 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 ensure 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 subsection (a),
not more than 7 percent may be for management, 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 Maintenance, 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 activities
funded from ``Contributions to International Organizations''
because of fluctuations in foreign currency exchange 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 International
Organizations'' such amounts from ``Buying Power Maintenance,
International Organizations'' as the Secretary determines are
necessary to provide for the activities funded from
``Contributions to International Organizations''.
(d)(1) Subject to the limitations contained in this
section, not later than the end of the fifth fiscal year
after the fiscal year for which funds are appropriated or
otherwise 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
subsection.
(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 expenditure
only in accordance with the procedures under such section.
(e)(1) Funds transferred to the ``Buying Power Maintenance,
International Organizations'' account pursuant 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 Federal 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--
(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 arbitration 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
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration 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 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 Federal
contract awarded more than 180 days after the effective date
of this Act unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' 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
subcontractor for the purposes of a particular contract or
subcontract if the Secretary determines that to do so is
important 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
Secretary shall submit a report to the Committees on
Appropriations, 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:
``(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
Officer, shall--
``(A) notify the Committees on Appropriations, the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
of its intent to approve such extension; and
``(B) provide such committees with a detailed explanation
for the determination and approval described in paragraph
(2).''.
(b) Concurrent and Subsequent Compacts.--Section 609(k) of
such Act (22 U.S.C. 7708(k)) is amended 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 subsequent Compacts.
``(2) Requirements.--An eligible country and the United
States may enter into concurrent or subsequent Compacts if
the Board determines that such country--
``(A) is making significant, consistent progress in
implementing the terms of its existing Compact(s) and
supplementary agreements to such Compact(s); and
``(B) will contribute, in the case of a 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 Income Country
(LMIC) as defined in section 606(b), a 15 percent
contribution for a subsequent Compact.
``(3) Funding.--Millennium Challenge Corporation (MCC)
shall commit any funding for a concurrent 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 subsection (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 Purposes of Income
Category.--Section 606 of the Millennium 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 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 income equal to or
below the World Bank's lower middle income country threshold
for the fiscal year involved 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 following--
``(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 middle 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 the country's
transition and the two subsequent fiscal years.''.
[[Page S9194]]
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 operational 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 Ambassador-at-Large.
(1) Duties.--The Ambassador is authorized to--
(A) coordinate, advise on, promote and, where relevant,
design and implement, activities, 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;
(ii) women's and girls' health, economic, social and legal
development, protection, improvement in role and status in
society; and
(iii) prevention and response to violence against women and
girls, including child and forced marriage;
(B) work with relevant offices within the Department of
State, and in other relevant executive branch agencies, to
promote the collection, retention, and analysis of data using
internationally comparable indicators, norms and
methodologies to the extent possible on programs and
activities in paragraph (A); and
(C) subject to the direction of the President 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 international women's
status and development.
(d) United States Agency for International Development
Gender Integration and Development Advisor.--There is
established, within the United States Agency for
International Development (USAID), the Gender Integration and
Development Advisor (the Advisor), who shall be appointed by,
and should report directly to, the USAID Administrator; be
highly qualified in the areas of international development
and gender integration; and participate in high-level
strategic policy, planning, 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 expertise as may be needed to assist the
Advisor in carrying 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 recommendations to the USAID Administrator
regarding USAID policies, procedures, and budgeting;
(B) collect and make publicly available data and analysis
on gender integration activities, 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 Administrator and the
Ambassador.
(e) Strategy.--Not later than 1 year after enactment of
this Act, the Secretary of State and the USAID Administrator
shall submit to the Committees on Appropriations, the
Committee on Foreign Relations of the Senate 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 governments and United
States and foreign civil society organizations 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 benchmarks for measuring progress, and
expected impacts, and the role of local women's organizations
in implementation.
(f) Clarification.--Nothing in this section shall be
construed as affecting in any way existing statutory
prohibitions related to abortion or existing statutory
prohibitions 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 appropriations Acts.
``(b) Authorization of Appropriations.--In order to pay for
the United States contribution under subsection (a), there
are authorized to be appropriated, without 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 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 Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank under subsection (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 appropriated 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.
(2) The term ``Government Employee'' has the meaning given
the term employee in section 2105 of title 5, United States
Code.
(3) The Inspector General may waive any of the following
provisions to employ annuitants (individuals who are entitled
to benefits under a retirement system for Government
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 similar 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 General (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 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 permit 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 individual whose service
under this subsection is procured before October 1, 2014, may
continue to provide such service until not later than
September 30, 2015.
(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) providing
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 `Foreign
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 Export-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 State, foreign
operations, and related programs, $160,000,000 are rescinded.
[[Page S9195]]
(b) Of the funds appropriated in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading
``Diplomatic 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 requirement pursuant to the
Concurrent Resolution on the Budget 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 identified
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 Appropriations
Resolution, 2007 (Public Law 110-5; 121 Stat. 8), for the
Broadcasting Board of Governors under the heading
``Broadcasting Capital Improvements'' that remain available
for obligation as of the date of the enactment 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
Development 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 Economic
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
Assistance 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 account,
as identified by Treasury Appropriation Fund Symbols,
11X1022, 1911X1022, 1106/121022, and 191105/111022,
$11,143,000 are rescinded.
(j) Of the unobligated balances available for the
Assistance for Counternarcotics Activities account, as
identified 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 Appropriations Act,
2011''.
DIVISION L--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS 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 exceed
$2,500,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $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 Affairs; 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 Officer: Provided, That the Secretary of
Transportation is authorized 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 notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized 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 provided in this Act shall be available for the
position of Assistant Secretary for Public Affairs.
national infrastructure investment
For capital investments in transportation infrastructure,
$500,000,000, to remain available through September 30, 2013:
Provided, That the Secretary of Transportation shall
distribute funds provided under this heading 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 rural areas, and the investment in a variety of
transportation 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 paying the subsidy and administrative
costs of projects eligible 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 paragraph: Provided further, That of the
amount made available 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 heading: Provided further, That projects conducted using
funds provided under this heading must comply with the
requirements 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 funding
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 Administrators of the Federal
Highway Administration, the Federal Transit Administration,
the Federal Railroad Administration, and the Federal Maritime
Administration, to fund the award and oversight of surface
transportation grants.
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 security
initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network
devices, and enhancement of cyber security workforce 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
activities, and making grants, to remain available until
expended, $16,769,000.
working capital fund
For necessary expenses for operating costs and capital
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: Provided
further, That the above limitation on operating expenses
shall not apply to non-DOT entities: Provided further, 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
[[Page S9196]]
program, budget activity, subactivity or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $329,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined 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 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 Resource Center
outreach activities, $3,553,000, to remain available until
September 30, 2012: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.
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 derived 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 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 approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment 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 implement a
program under which essential air service communities 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.
Federal Aviation Administration
operations
(airport and airway trust fund)
(including transfer of funds)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations 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
vehicles 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 organization activities; not to
exceed $1,304,486,000 shall be available for aviation safety
activities; not to exceed $16,747,000 shall be available for
commercial space transportation 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 program activities; not to exceed
$361,354,000 shall be available for region and center
operations and regional coordination 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 offices 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 appropriation by more than 2
percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming 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 Appropriations various alternatives for
developing an objective, data-driven test to be used in the
placement of air traffic controllers after the successful
completion of their training at the Federal Aviation
Administration Academy: Provided further, That such study
shall include an evaluation of the amount of training
controllers should receive at the Academy: Provided further,
That not later than March 31 of each fiscal year hereafter,
the Administrator of the Federal Aviation Administration
shall transmit to Congress an annual update to the report
submitted to Congress in December 2004 pursuant to section
221 of Public Law 108-176: Provided further, That the amount
herein appropriated shall be reduced by $100,000 for each day
after March 31 that such report has not been submitted to the
Congress: Provided further, That not later than March 31 of
each fiscal year hereafter, the Administrator shall transmit
to Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards
and aircraft certification staff in a format similar to the
one utilized for the controller staffing plan, including
stated attrition estimates and numerical hiring goals by
fiscal year, and a benchmark for assessing the amount of time
aviation inspectors spend directly observing industry field
operations: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after March 31 that such report has not been submitted to
Congress: Provided further, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, 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 finalize 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 further, That there may be credited to this
appropriation as offsetting collections funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance 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 alteration forms: Provided further, That of the funds
appropriated 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 conducted by, or coordinated through, the Working
Capital Fund.
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 equipment,
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
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $2,990,000,000, of which $2,508,000,000 shall
remain 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 Secretary
of Transportation shall use existing authorities to
distribute funds made available for next generation air
transportation equipage under the previous proviso to air
carriers, other certificate holders, and avionics
manufacturers, or a collaboration among such entities, on a
competitive basis for projects that will demonstrate
significant benefits to the public, aviation industry or
aircraft operators, 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
generation transportation equipage shall not exceed 80
percent of the total cost of the proposed equipage program:
Provided further, That there may be credited to this
appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That upon initial submission to the
Congress of the fiscal year 2012 President's budget, the
Secretary of Transportation
[[Page S9197]]
shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years
2012 through 2016, with total funding for each year of the
plan constrained to the funding 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 appropriation 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 compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing 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 safety 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 expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,515,000,000 in fiscal year 2011,
notwithstanding section 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 systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding any other provision of law, of funds limited
under this heading, not more than $99,622,000 shall be
obligated 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.
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 contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2011.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
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 prohibition of funds in
this section does not apply to negotiations 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 facilities.
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, 49
U.S.C. 41742(b) shall not apply, and any amount remaining 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 airport if such
sponsor fails to agree to a request from the Secretary of
Transportation for cost-free space in a nonrevenue 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 outreach campaign.
Sec. 116. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 117. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 118. The Secretary shall apportion to the sponsor 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 obligated
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.
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
Administration, shall be paid in accordance with law from
appropriations made available by this Act to the Federal
Highway Administration for necessary expenses for
administration and operation. In addition, not to exceed
$3,300,000 shall be paid from appropriations made available
by this Act and transferred to the Appalachian Regional
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 obligations for
which are in excess of $41,776,000,000 for Federal-aid
highways and highway safety construction programs 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 implementation or execution of
programs for transportation research (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: Provided further, That this limitation on
transportation research programs shall not apply to any
authority previously 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 counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government 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 available for such purpose, and are not subject to
any obligation 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 highways, not
otherwise provided, including reimbursement for sums expended
pursuant to the provisions of 23 U.S.C. 308, $42,515,000,000
or so much thereof as may be available 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 obligation
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 addition, 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 authorized for such project under such section has
been obligated 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 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
[[Page S9198]]
sections 5303 and 5304 of title 49 of such Code,
$100,000,000, to remain available through September 30, 2012:
Provided, That the Secretary 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 competitive basis for activities that will improve
surface transportation 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 improve
public involvement in surface transportation planning:
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 percent: 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 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 Administration.
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 administrative
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 enactment
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 obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the 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 authorized 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, Accountable, Flexible, Efficient Transportation
Equity Act: 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,
Accountable, 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 obligation 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, Efficient 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 (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 safety 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 development highway
system program) that are apportioned by the Secretary under
the Safe, Accountable, Flexible, 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 apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall 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 subsections (b) and (j) of
section 131 of the Surface Transportation 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
Transportation 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 authority
was made available under the Transportation Equity 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, 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 obligations at the time at which the funds were
initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (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 obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, and title V
(research title) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users,
except that obligation authority made available for such
programs under such limitation shall remain available for a
period of 3 fiscal years and shall be 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 programs; 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 imposition 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 described in section
133(b) of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation
limitation distributed for a fiscal year under subsection
(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 limitation 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).
(h) Limitation on Statutory Construction.--Nothing in this
section shall be construed to limit the distribution 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 Transportation Equity Act: A Legacy for
Users.
[[Page S9199]]
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant 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 requirement 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 Committees of the Congress on any
waivers granted under the Buy America requirements.
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 provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment 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 segment, 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 purposes of determining whether a highway will have
fewer nontoll lanes than prior to the date of imposition of
the toll, if--
(A) high-occupancy vehicles occupied by the number of
passengers specified by the entity 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 county, town, municipal or other local government
entity, or public toll road or transit authority.
Sec. 124. There is hereby appropriated to the Secretary of
Transportation for the necessary expenses of certain highway
and surface transportation projects, $226,860,000, to remain
available until expended: Provided, 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 accompanying this Act: Provided further,
That funds provided by this section, at the request of a
State, shall be transferred by the Secretary of
Transportation to another 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 safety 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 Transportation shall first
consider: (1) projects where the designated 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 ``Highway
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
Interchange Lighting, MS; the Jonestown Bypass, MS; and the
Statesman Boulevard and Trail, MS; as listed under the
heading Delta Region Transportation Development Program in
the explanatory statement accompanying the Consolidated
Appropriations Act, 2010 (Public Law 111-117), $901,018, to
remain available until expended: Provided, 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 further, 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, Efficient 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.
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 implementation,
execution and administration of motor carrier safety
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 Transit Account), together
with advances and reimbursements received by the Federal
Motor Carrier Safety Administration, the sum of which shall
remain available until expended: 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 programs, 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 the Highway
Trust Fund for the execution and administration of
information management operations and programs: 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: Provided further,
That the Federal Motor Carrier Safety Administration 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 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 obligations for
which are in excess of $310,070,000, for ``Motor Carrier
Safety Grants''; of which $212,070,000 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 management 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 section 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 modernization program, $3,000,000
shall be made available for audits of new entrant motor
carriers to carry out section 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
unobligated 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
[[Page S9200]]
conditions stipulated in section 350 of Public Law 107-87 and
section 6901 of Public Law 110-28, including that the
Secretary submit a report to the House and Senate
Appropriations Committees 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 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 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 obligation 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.
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
September 30, 2012: Provided, That the funding made available
under this heading shall be used to continue the
modernization 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 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
Information 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 Expenses''
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 section 2010 of Public Law 109-
59; and $7,000,000 shall be for ``Child Safety and Child
Booster Seat Safety Incentive 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
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 exceed
$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 reviews and to pay for
core competency development training and related expenses for
highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration 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 Contract
Authorization) (Limitation on Obligations) (Highway 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 rescinded.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $203,348,000, of
which $8,380,000 shall remain available through September 30,
2012, and $24,913,000 shall remain available through
September 30, 2015.
railroad research and development
For necessary expenses for railroad research and
development, $40,000,000, to remain available until expended.
railroad safety technology program
For necessary expenses of carrying out section 20158 of
title 49, United States Code, $75,000,000, to remain
available until expended: Provided, That to be eligible for
assistance under this heading, an entity need not have
developed plans required under subsection 20156(e)(2) of
title 49, United States Code, and section 20157 of such
title.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as
amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium
during fiscal year 2011.
capital assistance for high speed rail corridors and intercity
passenger rail service
To enable the Secretary of Transportation to make grants
for high-speed rail projects as authorized under section
26106 of title 49, United States Code, capital investment
grants to support intercity passenger rail service as
authorized under section 24406 of title 49, United States
Code, and congestion grants as authorized under section 24105
of title 49, United States Code, and to enter into
cooperative agreements for these purposes as authorized,
$1,000,000,000, to remain available until expended: Provided,
That up to $50,000,000 of funds provided under this paragraph
are available to the Administrator of the Federal Railroad
Administration to fund the award and oversight by the
Administrator of grants and cooperative agreements for
intercity and high-speed rail: Provided further, That up to
$30,000,000 of the funds provided under this paragraph are
available to the Administrator for the purposes of conducting
research and demonstrating technologies supporting the
development of high-speed rail in the United States,
including the demonstration of next-generation rolling stock
fleet technology and the implementation of the Rail
Cooperative Research Program authorized by section 24910 of
title 49, United States Code: Provided further, That the
national rail plan shall include a map depicting all high-
speed rail
[[Page S9201]]
service envisioned in the plan and the estimated cost to
complete that service: Provided further, That up to
$50,000,000 of the funds provided under this paragraph may be
used for planning activities that lead directly to the
development of a passenger rail corridor investment plan
consistent with the requirements established by the
Administrator or a State rail plan consistent with chapter
227 of title 49, United States Code: Provided further, That
the Secretary may retain a portion of the funds made
available for planning activities under the previous proviso
to facilitate the preparation of a service development plan
and related environmental impact statement for high-speed
corridors located in multiple States: Provided further, That
not less than 85 percent of the funds provided under this
heading shall be for cooperative agreements that lead to the
development of entire segments or phases of intercity or
high-speed rail corridors: Provided further, That at least 30
days prior to issuing a letter of intent or cooperative
agreement pursuant to section 24402(f) of title 49, United
States Code, for a major corridor development program, the
Secretary shall provide to the House and Senate Committees on
Appropriations written notification consisting of a business
and public investment case for the proposed corridor program
which shall include: a comprehensive analysis of the monetary
and nonmonetary costs and benefits of the corridor
development program; an assessment of ridership, passenger
travel time reductions, congestion relief benefits,
environmental benefits, economic benefits, and other public
benefits; operating financial forecasts for the program; a
full capital cost estimation for the entire project,
including the amount, source and security of non-Federal
funds to complete the project; a summary of the grants
management plan and an evaluation of the grantee's ability to
sustain the project: Provided further, That the Federal share
payable of the costs for which a grant or cooperative
agreements is made under this heading shall be determined in
accordance with the provisions of Public Law 110-432, except
that the local share of expenditures shall be no less than 10
percent: Provided further, That in addition to the provisions
of title 49, United States Code, that apply to each of the
individual programs funded under this heading, subsections
24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of
title 49, United States Code, shall also apply to the
provision of funds provided under this heading: Provided
further, That a project need not be in a State rail plan
developed under chapter 227 of title 49, United States Code,
to be eligible for assistance under this heading: Provided
further, That recipients of grants under this paragraph shall
conduct all procurement transactions using such grant funds
in a manner that provides full and open competition, as
determined by the Secretary, in compliance with existing
labor agreements.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
operation of intercity passenger rail, as authorized by
section 101 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432), $563,000,000,
to remain available until expended: Provided, That each grant
request shall be accompanied by a detailed financial
analysis, revenue projection, and capital expenditure
projection justifying the Federal support to the Secretary's
satisfaction: Provided further, That concurrent with the
President's budget request for fiscal year 2012, the
Corporation shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2012 in
similar format and substance to those submitted by executive
agencies of the Federal Government: Provided further, That
the Amtrak Inspector General shall provide semiannual reports
to the House and Senate Committees on Appropriations on the
estimated savings accrued as a result of all operational
reforms instituted by the Corporation and estimations of
possible future savings: Provided further, That the budget,
business plan and the 5-Year Financial Plan shall include
annual information on the maintenance, refurbishment,
replacement, and expansion for all Amtrak rolling stock
consistent with the comprehensive fleet plan: Provided
further, That the Corporation shall notify the House and
Senate Committees on Appropriations 5 days before making
public any changes to the Corporation's budget, business
plan, 5-Year Financial Plan, semiannual reports, or grant and
legislative request, or any debt application.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital
investments as authorized by section 101(c) and 219(b) of the
Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432), $1,338,484,000, to remain
available until expended, of which not to exceed $277,000,000
shall be for debt service obligations as authorized by
section 102 of such Act: Provided, That after an initial
distribution of up to $200,000,000, which shall be used by
the Corporation as a working capital account, all remaining
funds shall be provided to the Corporation only on a
reimbursable basis: Provided further, That the Secretary may
retain up to one-half of 1 percent of the funds provided
under this heading to fund the costs of project management
oversight of capital projects funded by grants provided under
this heading, as authorized by subsection 101(d) of division
B of Public Law 110-432: Provided further, That the Secretary
shall approve funding for capital expenditures, including
advance purchase orders of materials, for the Corporation
only after receiving and reviewing a grant request for each
specific capital project justifying the Federal support to
the Secretary's satisfaction: Provided further, That none of
the funds under this heading may be used to subsidize
operating losses of the Corporation: Provided further, That
none of the funds under this heading may be used for capital
projects not approved by the Secretary of Transportation or
on the Corporation's fiscal year 2011 business plan: Provided
further, That of the funds provided under this heading, the
Secretary may retain $2,000,000 to fund expenses associated
with implementing section 212 of division B of Public Law
110-432, including the amendments made by section 212 to
section 24905 of title 49, United States Code.
administrative provisions--federal railroad administration
Sec. 150. Hereafter, notwithstanding any other provision
of law, funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation
contracts to have services provided at or from any location
outside the United States. For purposes of this section, the
word ``services'' shall mean any service that was, as of July
1, 2006, performed by a full-time or part-time Amtrak
employee whose base of employment is located within the
United States.
Sec. 151. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned
automated track inspection cars and equipment as a result of
third party liability for such damages, and any amounts
collected under this section shall be credited directly to
the Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $106,700,000: Provided, That
for an additional amount to carry out public transportation
fixed guideway safety oversight activities, $5,000,000, if
legislation authorizing such activities is enacted into law
prior to September 30, 2011: Provided further, That of the
funds available under this heading, not to exceed $2,050,000
shall be available for travel: Provided further, That none of
the funds provided or limited in this Act may be used to
create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2012 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on new starts, including proposed allocations
of funds for fiscal year 2012.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of
Public Law 105-178, as amended, $9,200,000,000 to be derived
from the Mass Transit Account of the Highway Trust Fund and
to remain available until expended: Provided, That funds
available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310,
5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038
of Public Law 105-178, as amended, shall not exceed total
obligations of $8,360,565,000 in fiscal year 2011.
(highway trust fund)
(rescission)
Of the amounts authorized for fiscal year 2010 by section
5338(b)(1) of title 49, United States Code, to carry out
sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317,
5320, 5335, 5339, and 5340 of title 49, United States Code,
and section 3038 of the Federal Transit Act of 1998 (112
Stat. 392), $17,394,000 are permanently rescinded.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-
5315, 5322, and 5506, $65,376,000, to remain available until
expended: Provided, That $10,000,000 is available to carry
out the transit cooperative research program under section
5313 of title 49, United States Code, $4,300,000 is available
for the National Transit Institute under section 5315 of
title 49, United States Code, and $7,000,000 is available for
university transportation centers program under section 5506
of title 49, United States Code: Provided further, That
$44,076,000 is available to carry out national research
programs under sections 5312, 5313, 5314, and 5322 of title
49, United States Code: Provided further, That of the funds
available to carry out section 5312 of title 49, United
States Code, $5,000,000 shall be available to
[[Page S9202]]
the Secretary to develop standards for asset management
plans, provide technical assistance to recipients engaged in
the development or implementation of an asset management
plan, improve data collection through the National Transit
Database, and conduct a pilot program designed to identify
the best practices of asset management.
capital investment grants
For necessary expenses to carry out section 5309 of title
49, United States Code, $1,850,000,000, to remain available
until expended, of which no less than $200,000,000 is for
section 5309(e) of such title.
(rescission)
Of the amounts appropriated for Capital Investment Grants
in Public Law 111-117, $25,830,000 are rescinded.
grants for energy efficiency and greenhouse gas reductions
For grants to public transit agencies for capital
investments that will reduce the energy consumption or
greenhouse gas emissions of their public transportation
systems, $65,000,000, to remain available through September
30, 2013: Provided, That priority shall be given to projects
that use innovative and potentially replicable approaches to
reducing energy consumption or greenhouse gas emissions:
Provided further, That the Secretary shall publish criteria
on which to base the competition for any grants awarded under
this heading no sooner than 90 days after the enactment of
this Act, require applications for funding 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.
washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary shall approve grants
for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after
receiving and reviewing a request for each specific project:
Provided further, That prior to approving such grants, the
Secretary shall determine that the Washington Metropolitan
Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under ``Federal
Transit Administration, Capital Investment Grants'' and for
bus and bus facilities under ``Federal Transit
Administration, Formula and Bus Grants'' for projects
specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2013, and other
recoveries, shall be directed to projects eligible to use the
funds for the purposes for which they were originally
provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2010, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law,
unobligated funds made available for new fixed guideway
system projects under the heading ``Federal Transit
Administration, Capital investment grants'' in any
appropriations Act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 164. Notwithstanding any other provision of law,
unobligated funds or recoveries under section 5309 of title
49, United States Code, that are available to the Secretary
of Transportation for reallocation shall be directed to
projects eligible to use the funds for the purposes for which
they were originally provided.
Sec. 165. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(6)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities:
Provided, That not more than $4,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(6)(B) may be used by
the City and County of Honolulu to operate a passenger ferry
boat service demonstration project to test the viability of
different intra-island ferry boat routes and technologies.
Sec. 166. None of the funds provided or limited under this
Act may be used to enforce regulations related to charter bus
service under part 604 of title 49, Code of Federal
Regulations, for any transit agency who during fiscal year
2008 was both initially granted a 60-day period to come into
compliance with part 604, and then was subsequently granted
an exception from said part.
Sec. 167. Notwithstanding any other provision of law, when
evaluating the local share of the project authorized to be
carried out under section 3043(c)(86) of Public Law 109-59
(119 Stat. 1644) the Secretary shall give consideration to
all non-New Starts funds expended for engineering, final
design and construction of the Farrington Highway Guideway,
Stations, Maintenance Storage Facility and related elements
advanced with 100 percent non-New Starts funds.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations, maintenance, and
capital asset renewal of those portions of the Saint Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $33,868,000, to be derived
from the Harbor Maintenance Trust Fund, pursuant to Public
Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $174,000,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $172,262,000, of which
$11,240,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $30,900,000 shall remain available
until expended for capital improvements at the 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 Secretary'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
Marine Academy shall be available only upon allotments made
personally by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs: Provided
further, 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 Marine Academy, and
the Administrator of the Maritime Administration shall hold
all allotments made by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs under the
previous proviso: Provided further, That 50 percent of the
funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the
Secretary, in consultation with the Superintendent and the
Maritime Administrator, completes a plan detailing by program
or activity how such funding will be expended at the Academy,
and this plan is submitted to the House and Senate Committees
on Appropriations.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $10,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
For necessary administrative expenses of the maritime
guaranteed loan program $4,000,000 shall be paid to the
appropriation for ``Operations and Training'', Maritime
Administration.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 3508 of Public Law 110-417 or section 54101 of title
46, United States Code, $15,000,000, to remain available
until expended: Provided, That to be considered for
assistance, a qualified shipyard shall submit an application
for assistance no later than 60 days after enactment of this
Act: Provided further, That from applications submitted under
the previous proviso, the Secretary of Transportation shall
make grants no later than 120 days after enactment of this
Act in such amounts as the Secretary determines: Provided
further, That not to exceed 2 percent of the funds
appropriated under this heading shall be available for
necessary costs of grant administration.
administrative provision--maritime administration
Sec. 175. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration, and payments received therefor shall be
credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease,
contract, or occupancy for items other than such utilities,
services,
[[Page S9203]]
or repairs shall be covered into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $23,383,000, of
which $639,000 shall be derived from the Pipeline Safety
Fund: Provided, That $1,000,000 shall be transferred to
``Pipeline Safety'' in order to fund ``Pipeline Safety
Information Grants to Communities'' as authorized under
section 60130 of title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $49,434,000, of which $6,497,000 shall
remain available until September 30, 2013: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions: Provided further, That in fiscal year 2012, the
Administrator of the Pipeline and Hazardous Materials Safety
Administration shall propose to collect a reasonable fee for
expenses incurred for processing applications for, and
ensuring compliance with the terms of, special permits and
approvals issued under 49 U.S.C. 5117.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $111,111,000, of which $18,905,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2013; and of which
$92,206,000 shall be derived from the Pipeline Safety Fund,
of which $51,206,000 shall remain available until September
30, 2013: Provided, That not less than $1,053,000 of the
funds provided under this heading shall be for the one-call
State grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2012: Provided, That
not more than $28,318,000 shall be made available for
obligation in fiscal year 2011 from amounts made available by
49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or
his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative
Technology Administration, $16,790,000, of which $9,655,000
shall remain available until September 30, 2013: Provided,
That there may be credited to this appropriation, to be
available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $86,406,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That the funds made
available under this heading may be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of
competition by domestic and foreign air carriers and ticket
agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $30,874,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2011, to result in a final appropriation from the
general fund estimated at no more than $29,624,000.
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Research and University Research Centers''
account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail
safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway
Administration, the Federal Railroad Administration and the
Federal Transit Administration shall be for the eligible
programs, projects and activities in the corresponding
amounts identified in the explanatory statement accompanying
this Act for ``Ferry Boats and Ferry Terminal Facilities'',
``Federal Lands'', ``Interstate Maintenance Discretionary'',
``Transportation, Community and System Preservation
Program'', ``Delta Region Transportation Development
Program'', ``Rail Line Relocation and Improvement Program'',
``Rail-highway crossing hazard eliminations'', ``Capital
Investment Grants'', ``Alternatives analysis' '', and ``Bus
and bus facilities''.
Sec. 187. Notwithstanding any other provisions of law,
rule or regulation, the Secretary of Transportation is
authorized to allow the issuer of any preferred stock
heretofore sold to the Department to redeem or repurchase
such stock upon the payment to the Department of an amount
determined by the Secretary.
Sec. 188. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project competitively selected to receive a
discretionary grant award, any discretionary grant award,
letter of intent, or full funding grant agreement totaling
$1,000,000 or more is announced by the department or its
modal administrations from: (1) any discretionary grant
program of the Federal Highway Administration including the
emergency relief program; (2) the airport improvement program
of the Federal Aviation Administration; (3) any grant from
the Federal Railroad Administration; or (4) any program of
the Federal Transit Administration other than the formula
grants and fixed guideway modernization programs: Provided,
That the Secretary gives concurrent notification to the House
and Senate Committees on Appropriations for any ``quick
release'' of funds from the emergency relief program:
Provided further, That no notification shall involve funds
that are not available for obligation. In addition, none of
the funds in this Act to the Department of Transportation may
be used to make a grant award unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
announcement of a project competitively selected to receive a
discretionary grant award from a program with an annual
budget equal to or exceeding $40,000,000.
Sec. 189. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and
[[Page S9204]]
equitable criteria and such funds shall be available until
expended.
Sec. 190. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts: Provided
further, That prior to the transfer of any such recovery to
an appropriations account, the Secretary shall notify to the
House and Senate Committees on Appropriations 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 section 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 Appropriations, 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 reprogramming action has been approved
or denied by the House and Senate Committees on
Appropriations.
Sec. 192. None of the funds appropriated or otherwise 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 in excess of the
amount authorized for district court civil suit filing fees
under section 1914 of title 28, United States Code.
Sec. 193. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide payments in
advance to vendors that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order 13150 and section 3049 of Public Law
109-59: Provided, That the Department shall include adequate
safeguards in the contract with the vendors to ensure timely
and high-quality performance under the contract.
Sec. 194. (a) In the explanatory statement contained in
House Report 106-940 accompanying Public Law 106-346 (114
Stat. 1356A), in the table of projects under the heading
``Capital Investments Grants'', the item relating to
``Lowell, Massachusetts-Nashua, New Hampshire Commuter Rail
Project'' is deemed to be amended by inserting ``and
Manchester'' after ``Nashua''.
(b) Notwithstanding any other provision of law, funds made
available under the Federal Transit Administration Capital
Investment Grants Account in fiscal year 2008 (Public Law
110-161) for METRA Connects Southeast Service, Illinois,
METRA Star Line, Illinois, METRA Union Pacific Northwest
Line, Illinois, METRA Union Pacific West Line, Illinois and
funds made available in fiscal year 2009 (Public Law 111-8)
for METRA, Illinois, shall be made available until September
30, 2011.
(c) Of the $1,000,000 appropriated under the heading
``General Provisions'' in Public Law 108-7 for Juneau
Heliport, Alaska, the unobligated balance shall be available
for improvements to bridges owned by the City and Borough of
Juneau, Alaska.
(d) Notwithstanding any other provision of law, funds made
available in Public Law 111-8 for ``Phase 3 Rail
Rehabilitation in Redwood Falls, MN'' shall be available for
obligation and expenditure for ``Minnesota Valley Regional
Rail Authority, MN.''
(e) Funds made available for the City of Las Vegas, NV
``Bonneville Clark Couplet'' through Department of
Transportation Appropriations Acts for fiscal year 2009
(Public Law 111-8) and fiscal year 2010 (Public Law 111-17)
that remain unobligated or unexpended shall be made available
to the ``Decatur Boulevard/Charleston Boulevard Intersection
Improvements'' in Las Vegas, Nevada.
(f) In the explanatory statement referenced in section 186
of division K of Public Law 110-161, the item relating to
``Walton Boulevard Bridge widening, MI'' is deemed to be
amended by striking ``Walton Boulevard Bridge widening, MI''
and inserting ``Avon Road Bridge and Livernois Road Bridge
Reconstruction, MI''.
(g) Notwithstanding any other provision of law, the amounts
made available for the Interstate 579 Cap-Urban Green Space
and Park Plaza, Pittsburgh, Pennsylvania, by the explanatory
statement accompanying the Consolidated Appropriations Act,
2010 (Public Law 111-117; 123 Stat. 3034), shall be used for
projects for street, traffic flow, pedestrian, and
streetscape improvements in Pittsburgh, Pennsylvania.
(h) The explanatory statement referenced in section 186 of
title I of division A of Public Law 111-117 for ``Alternative
analysis'' under ``Federal Transit Administration--Formula
and Bus Grants'' is deemed to be amended by striking
``Hudson-Bergen MOS-2 Northern NJ'' and inserting ``Hudson-
Bergen Light Rail Extension Route 440, Jersey City, NJ.''
(i) In the explanatory statement referenced in section 186
of title I of division I of Public Law 111-8, the item
relating to ``Starkweather Creek Parkway Bike Path, WI'' in
the table of projects under the heading ``Transportation,
Community, and System Preservation Program'' is deemed to be
amended by striking ``Starkweather Creek Parkway Bike Path,
WI'' and inserting ``Military Ridge Trail/Cannonball Path
multi-purpose bike and pedestrian bridge, WI''.
(j) Public Law 111-8 is amended by striking ``Construct On/
Off Ramps Connecting I-20 to Cotton Flat Road'' and inserting
``Make Improvements to the I-20/250 Loop Interchange
Project''.
(k) The Secretary of Transportation shall not reallocate
capital investment funds made available for the I-69 HOV/BRT,
Mississippi, project and section 5309 bus funds made
available to the LOU Public Transit System, Oxford, MS, in
Public Law 110-161 and the accompanying explanatory
statement.
(l) Amounts provided for Provo Orem Bus Rapid Transit, in
Public Law 110-161 shall not be reallocated and shall be made
available for Provo Orem Bus Rapid Transit and intermodal
terminals.
(m) Funding provided for ``Pierce Transit Peninsula Park &
Ride, WA'' under Bus and Bus Facilities in Public Law 110-161
shall be made available for ``Pierce Transit Vehicle
Replacement''.
(n) The explanatory statement accompanying the Fiscal Year
2003 Consolidated Appropriations Act shall be deemed to be
amended by striking ``Ways to Work--EPIC Yakima'' and
inserting ``Ways to Work, Metropolitan Family Service, SW
Washington''.
(o) The explanatory statement accompanying the Fiscal Year
2004 Consolidated Appropriations Act shall be deemed to be
amended by striking ``Ellensburg Interchange I-90, Milepost
108.31, Washington'' and inserting ``I-90 Ellensburg
vicinity--US 97 and local roadway improvements''.
(p) The explanatory statement accompanying the Fiscal Year
2004 Consolidated Appropriations Act shall be deemed to be
amended by striking ``SR 31, All Weather Roadway Construction
and Widening, Pend Oreille County, Washington'' and inserting
``SR 31 Corridor Improvements and local transportation
projects (Pend Oreille County)''.
(q) Notwithstanding any other provision of law, the funding
made available for the Schuylkill Valley Metro project
through the Department of Transportation Appropriations Acts
for Federal Fiscal Year 2007, 2008 and 2009 shall remain
available for that project during Federal fiscal years 2010
and 2011.
(r) Notwithstanding any other provision of law, the
$10,976,000 appropriated for the CORRIDORone Regional Rail
Project in Pennsylvania under the Capital Investment Grants
account in division K of the Consolidated Appropriations Act,
2008 (Public Law 110-161) shall be available for obligation
until September 30, 2011.
(s) Notwithstanding any other provision of law, of the
$2,500,000 appropriated for the Alle-Kiski Connector Bridge
in Department of Transportation Appropriations Act, 2005,
Public Law 108-447, $2,100,000 shall be available for right
of way, design, and construction activities for the Hulton
Bridge in Oakmont, Pennsylvania and $400,000 shall be
available for a feasibility study for construction of the
Alle-Kiski Connector Bridge.
(t) Notwithstanding any other provision of law, the funding
made available for the Franklin Street Station Restoration
(BARTA) through the Department of Transportation
Appropriations Act of Federal Fiscal Year 2008 shall remain
available for that project during Federal fiscal year 2011.
(u) Funds provided for ``I-85 NB Viaduct at SR 400 NB--Exit
Lane, GA'' in Public Law 111-8 shall be made available for
``I-285/Ashford Dunwoody Interchange Reconstruction''.
(v) In the explanatory statement referenced in section 186
of title I of division A of Public Law 111-117 (123 Stat.
3070), the item relating to ``Chalk Bluff Road, Clay County,
AR'' in the table of projects under the heading ``Delta
Region Transportation Development Program'' is deemed to be
amended by striking ``Chalk Bluff Road, Clay County, AR'' and
inserting ``Cabot North Interchange, AR''.
(w) In the explanatory statement referenced in section 186
of title I of division A of Public Law 111-117 (123 Stat.
3070), the item relating to ``I-480/Tiedeman Road Interchange
Modification, OH'' in the table of projects under the heading
``Interstate Maintenance Discretionary'' is deemed to be
amended by striking ``I-480/Tiedeman Road Interchange
Modification, OH'' and inserting ``Construction and upgrades
at four grade crossings in Olmsted Falls, OH''.
(x) Funds made available for ``Construction of the I-278
Environmental Shield, Queens, NY'' under the heading
``Surface transportation priorities'' in title I of division
A of
[[Page S9205]]
Public Law 111-117 (123 Stat. 3044) shall be made available
for ``Reconstruction and reconfiguration of the northbound
off-ramp from Interstate 95 to Bartow/Baychester Avenue,
Bronx, NY''.
(y) In the explanatory statement referenced in section 186
of title I of division I of Public Law 111-8 (123 Stat. 947),
the item relating to ``Newton County Rails to Trails By-Pass
Tunnel, GA'' in the table of projects under the heading
``Transportation, Community, and System Preservation
Program'' is deemed to be amended by striking ``Newton County
Rails to Trails By-Pass Tunnel, GA'' and inserting ``Newton
County Eastside High School to County Library Trail, GA''.
(z) The amount authorized for the project entitled ``New I-
25 Interchange near m.p. 217, NM'' described on page 164 of
the statement of the managers (H. Rept. 109-307) accompanying
the Transportation, Treasury, Housing and Urban Development,
the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115), and
related administrative funding, may be used to provide for an
interchange on I-25 to provide access to Mesa del Sol, New
Mexico.
(aa) The amount authorized for the project entitled ``Paseo
del Volcan I-40 Interchange, NM'' described on page 165 of
the statement of the managers (H. Rept. 109-307) accompanying
the Transportation, Treasury, Housing and Urban Development,
the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115), and
related administrative funding, may be used to provide for I-
40 improvements in Bernalillo County, New Mexico.
(bb) The explanatory statement accompanying Public Law 108-
447 is deemed to be amended by striking ``SR509/SR518
Interchange/Intersection Redevelopment Burien, Washington''
and inserting: ``SR518 Interchange/Intersection Redevelopment
(Burien), Washington''.
(cc) Funds made available for ``West Haven Intermodal
Station, CT'' through title IV of division K of Public Law
110-161 (121 Stat. 1844) and for the ``West Haven Rail
Passenger Station, CT'' through title I of division A of
Public Law 111-117 (123 Stat. 3034) shall be made available
for bus projects eligible under section 5309(b)(3) of title
49, United States Code, and improvements to the surface
transportation corridors in the City of West Haven, CT,
including streetscapes and pedestrian walkways.
(dd) The explanatory statement accompanying the Fiscal Year
2010 Consolidated Appropriations Act shall be deemed to be
amended by striking ``Highway and Bridge improvements CR97,
Nicolls Road Highway Improvements'' and inserting ``Highway
and bridge improvements to CR 46, William Floyd Parkway in
the vicinity of Narrows Bay Bridge''.
(ee) Funds made available for ``Empire Corridor West High
Speed Rail Improvements, Monroe County, NY'' under the
heading ``Surface transportation priorities'' in title I of
division A of Public Law 111-117 (123 Stat. 3044) shall be
made available for ``Rochester Intermodal Transportation
Center, NY''.
(ff) Any unobligated balance appropriated under the heading
``Highway Demonstration Projects'' in title I of Public Law
102-143 (105 Stat. 929) and made available for the Delaware
Street Bridge Replacement Project, (CR640) Bridge over
Mathews Branch in West Deptford Township, New Jersey by
section 191(d) of Division K of Public Law 110-161, shall be
made available for Resurfacing and Safety Improvements to CR
553 (Buck Road) in Franklin and Elk Townships in Gloucester
County, New Jersey.
(gg) The explanatory statement accompanying Public Law 111-
8 shall be deemed to be amended by striking ``Rich Passage
Wake Impact Study, WA'' and inserting ``Rich Passage Wake
Impact Study, including: wake impact shore monitoring and
Prototype Field Operations Testing, including: live load
passenger service''.
(hh) The explanatory statement accompanying Public Law 111-
117 shall be deemed to be amended by striking ``Northstar
Phase II--Extension of Northstar Commuter Rail to the St.
Cloud Area, MN'' and inserting ``Northstar Commuter Rail
Station in Ramsey, Minnesota''.
Sec. 195. (a) Section 3044(a) of Public Law 109-59 is
amended--
(1) By striking the project description in item 422 and
inserting, ``Anchorage People Mover transit needs, Anchorage,
AK.''
(2) By striking the project description in item 160 and
inserting, ``Nebraska Statewide Vehicles, Facilities and
Related Equipment''.
(3) By striking the project description in item 586 and
inserting, ``Nebraska Department of Roads--Statewide
Vehicles, Facilities and Related Equipment''.
(b) All amounts made available in item 422 of section
3044(a) of Public Law 109-59 which have not been obligated by
September 30, 2010 shall remain available for obligation
until September 30, 2011.
(c) Section 3046(a)(22) of Public Law 109-59 is amended--
(1) In the paragraph heading, by striking ``fuel cell-
powered bus'' and inserting ``hydrogen-powered transit''; and
(2) By striking ``Fuel Cell-Powered Bus'' and inserting
``Hydrogen-Powered Transit''.
(d) Notwithstanding any other provision of law, the
Secretary of Transportation shall not reallocate any funding
made available for item 22 of section 3046 of Public Law 109-
59.
(e) In section 1702 of Public Law 109-59, Project
Authorizations, under item No. 400, strike the existing text
under Project Description and insert in lieu thereof ``Road,
sidewalk, and drainage construction and improvements, City of
Unalaska.''
(f) The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat 1256) is amended in item 1399 by
striking the project description and inserting ``I-40
Frontage Road Reconstruction in the City of Gallup''.
(g) The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1256) is amended in item 54 by
striking the project description and inserting ``Study of a
direct link to I-80 and Iowa Highway 92, in proximity to
Pella''.
(h) The table contained in section 1934(c) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1485) is amended in item 105 by
striking the project description and inserting ``Study of a
direct link to I-80 and Iowa Highway 92, in proximity to
Pella''.
(i) Amounts made available for the Cuming Street
Transportation Improvement Project in items 4497 and 4506 of
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59) and in item 276 of section 1934(c) of such Act may be
expended for--
(1) lighting, landscaping, and pedestrian enhancements on
Cuming Street from 16th Street to 30th Street and on Burt
Street from 31st Street to Florence Boulevard, including
burial of certain over head utilities;
(2) pedestrian safety improvements on 24th Street from
Cuming Street to Davenport Street, including the
incorporation of traffic circles at Cass Street and Davenport
Street and adjacent lighting, landscaping, and safety
enhancements; and
(3) the reconfiguration of the Dodge Street/Douglas Street
transition curve in conjunction with 30th Street.
(j) Section 1702 of the SAFETEA-LU: A Legacy for Users
(Public Law 109-59, 119 Stat. 114, 1278; Public Law 110-244,
122 Stat. 1571, 1579) is amended by striking the project
description in item 576 and inserting ``Design, right-of-way
acquisition and construction of Nebraska Highway 35 between
Norfolk and South Sioux City and for design, right-of-way
acquisition and construction of an interchange east of Dakota
Avenue on I-129.''
(k) Section 1702 of the SAFETEA-LU: A Legacy for Users
(Public Law 109-59, 199 Stat. 1144, 1429; Public Law 110-224,
122 Stat. 1571, 1595) is amended by striking the project
description in item 4507 and inserting ``Design, right-of-way
acquisition and construction of Nebraska Highway 35 between
Norfolk and south Sioux City and for design, right-of-way
acquisition and construction of an interchange east of Dakota
Avenue on I-129''.
(l) In Public Law 109-59, the table contained in section
1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat.
1256) is amended in item number 2406 (119 Stat. 1350) by
striking ``in Fort Worth'' in the project description and
inserting ``, or construct SH 199 (Henderson St.) through the
Trinity Uptown Project between the West Fork and Clear Fork
of the Trinity River, in Fort Worth''.
(m)(1) The project description in item 3730 under section
1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59, 119 Stat. 1400) is amended by adding at the end the
following: ``(to include the Montgomery Outer Loop)''.
(n) The project description in item 16 under section
1934(c) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59, 119 Stat. 1486) is amended by adding at the end the
following: ``(to include the Montgomery Outer Loop)''.
(o) The SAFETEA-LU (Public Law 109-59) is amended--
(1) in section 1702--
(A) by striking project number 4892 (119 Stat. 1443); and
(B) in project number 4924 (119 Stat. 444), by striking the
project amount and inserting ``$6,149,733.82''; and
(2) in section 1934--
(A) by striking project number 374 (119 Stat. 1505); and
(B) in project number 382 (119 Stat. 1505), by striking the
project amount and inserting ``$20,446,640''.
(p) Item 3557 of section 1702 of Public Law 109-59 is
amended by striking ``Improve Mill Plain Blvd between SE
172nd and SE 192nd in Vancouver'' and inserting ``Extend 18th
Street between 87th Avenue and NE 192nd Avenue in
Vancouver''.
(q) Item 744 of section 1702 of Public Law 109-59 is
amended by striking ``Widen I-5 through Lewis County'' and
inserting ``I-5 Frontage Road and I-5 Interchange
Improvements in Lewis County''.
(r) Item 2827 of section 1702 of Public Law 109-59 is
amended by striking ``Construct SR 9 Pedestrian Overpass in
Arlington'' and inserting ``State Route 9/Crown Ridge Blvd.
Improvements''.
(s) Item 249 of section 1702 of Public Law 109-59 is
amended by striking ``Complete preliminary engineering and
environmental analysis for SR14 through Camas and Washougal''
and inserting ``Complete preliminary engineering,
environmental and
[[Page S9206]]
construction for SR 14 through Camas and Washougal''.
(t) The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1256) is amended--
(1) in item number 1366, by striking the project
description and inserting ``Road and bridge improvements and
storm water mitigation in the Town of Southampton''; and
(2) in item number 2252 by striking the project description
and inserting ``Operational safety studies, final design and/
or construction of intersection operational and safety
improvements for USH 53 between Rice Lake and Superior,
Wisconsin''.
(u) The table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat.
257) is amended--
(1) in item number 414 by striking the project description
and inserting ``Engineering, design and construction of the
North Street, Pittsfield, streetscaping project''; and
(2) in item number 815 by striking the project description
and inserting `` Highway 10 relocation, City of Wadena''.
(v) The table contained in section 1702 of the SAFETEA-LU
(Public Law 109-59) is amended--
(1) In item number 598 (119 Stat. 1279) by striking the
project description and inserting ``Construction to provide
access to Mesa del Sol in Albuquerque''.
(2) In item number 291 (119 Stat. 1267) by striking the
project description and inserting ``Development of Paseo del
Volcan corridor in Sandoval County''.
(3) In item number 4546 (119 Stat. 1430) by striking the
project description and inserting ``I-40 improvements,
Bernalillo County''.
(4) In item number 4549 (119 Stat. 1430) by striking the
project description and inserting ``Paseo de Volcan in Rio
Rancho''.
(5) In items 371 and 4340, by striking ``Allen Road under
the CN Railroad Grade Separation, Woodhaven'' and inserting
``Allen and Van Horn Roads, Woodhaven''.
Sec. 196. The Secretary shall continue an independent and
comprehensive study and analysis to supplement that
authorized under section 108, division C, of Public Law 111-
8: Provided, That additional funding will help to engage
stakeholders and Federal partners by creating a multi-agency
task force funded to formulate DOT's coordination with the
Departments of Energy, Commerce and Agriculture to ensure a
comprehensive understanding of the full value of river flow
support to users in the Mississippi and Missouri Rivers:
Provided further, That subjects of analysis shall include
energy (including hydropower and generation cooling), and
water transport (including water-compelled rates, projected
total transportation congestion considerations,
transportation energy efficiency, air quality and carbon
emissions) and water users (including the number and
distribution of people, households, municipalities, and
business throughout the Missouri and Mississippi River basins
who use river water for multiple purposes): Provided further,
That in addition to understanding current value, the
Department is directed to work with appropriate Federal
partners to develop recommendations on how to minimize
impediments to growth and maximize water value of benefits
related to energy production and efficiency, congestion
relief, trade and transport efficiency, and air quality:
Provided further, That the Department of Transportation shall
provide its analysis and recommendations to the U.S. Army
Corps of Engineers, the White House, and the Congress no
later than January 2012: Provided further, That $2,000,000 is
available until expended for such purposes.
Sec. 197. Section 194 of Public Law 111-117 is amended--
(1) in subsection (b) by striking ``1-year'' and inserting
``2-year'';
(2) in subsection (c) by striking ``366'' and inserting
``731'';
(3) in subsection (d) by striking ``Interstate Routes 89,
91, and 93'' and inserting ``all portions of the Interstate
System'';
(4) in subsection (e) by striking ``1-year'' and inserting
``2-year'';
(5) in subsection (f) by striking ``366'' and inserting
``731''; and
(6) in subsection (g) by--
(A) striking ``on the Vermont Pilot Program'';
(B) striking ``2 years'' and inserting ``3 years'';
(C) striking ``pilot program under this paragraph'' and
inserting ``pilot programs under this section''; and
(D) striking ``State of Vermont'' and inserting ``States of
Maine and Vermont''.
This title may be cited as the Department of Transportation
Appropriations Act, 2011.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive direction
For necessary salaries and expenses for Executive
Direction, $28,310,000, of which not to exceed $7,464,000
shall be available for the immediate Office of the Secretary
and Deputy Secretary; not to exceed $1,706,000 shall be
available for the Office of Hearings and Appeals; not to
exceed $719,000 shall be available for the Office of Small
and Disadvantaged Business Utilization; not to exceed
$839,000 shall be available for the immediate Office of the
Chief Financial Officer; not to exceed $1,395,500 shall be
available for the immediate Office of the General Counsel;
not to exceed $2,709,000 shall be available to the Office of
the Assistant Secretary for Congressional and
Intergovernmental Relations; not to exceed $4,691,000 shall
be available for the Office of the Assistant Secretary for
Public Affairs; not to exceed $1,843,000 shall be available
to the Office of the Assistant Secretary for Public and
Indian Housing; not to exceed $1,487,500 shall be available
to the Office of the Assistant Secretary for Community
Planning and Development; not to exceed $3,015,000 shall be
available to the Office of the Assistant Secretary for
Housing, Federal Housing Commissioner; not to exceed $992,000
shall be available to the Office of the Assistant Secretary
for Policy Development and Research; and not to exceed
$700,000 shall be available to the Office of the Assistant
Secretary for Fair Housing and Equal Opportunity; and not to
exceed $749,000 shall be available to the Office of the Chief
Operating Officer: Provided, That the Secretary of the
Department of Housing and Urban Development is authorized to
transfer funds appropriated for any office funded under this
heading to any other office funded under this heading
following the written notification to the House and Senate
Committees on Appropriations: Provided further, That the
Secretary shall provide the Committees on Appropriations
quarterly written notification regarding the status of
pending congressional reports: Provided further, That the
Secretary shall provide all signed reports required by
Congress electronically: Provided further, That not to exceed
$25,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses as the
Secretary may determine: Provided further, That the Secretary
shall notify the Committees on Appropriations one month
before any of the funds made available under this heading may
be used for international travel.
administration, operations and management
For necessary salaries and expenses for administration,
operations and management for the Department of Housing and
Urban Development, $525,040,000, of which not to exceed
$65,449,000 shall be available for the personnel compensation
and benefits of the Office of the Chief Human Capital
Officer; not to exceed $9,122,000 shall be available for the
personnel compensation and benefits of the Office of
Departmental Operations and Coordination; not to exceed
$48,465,000 shall be available for the personnel compensation
and benefits of the Office of Field Policy and Management;
not to exceed $15,932,000 shall be available for the
personnel compensation and benefits of the Office of the
Chief Procurement Officer; not to exceed $33,597,000 shall be
available for the personnel compensation and benefits of the
remaining staff in the Office of the Chief Financial Officer;
not to exceed $86,482,000 shall be available for the
personnel compensation and benefits of the remaining staff in
the Office of the General Counsel; not to exceed $3,115,000
shall be available for the personnel compensation and
benefits of the Office of Departmental Equal Employment
Opportunity; not to exceed $1,171,000 shall be available for
the personnel compensation and benefits for the Center for
Faith-Based and Community Initiatives; not to exceed
$2,237,000 shall be available for the personnel compensation
and benefits for the Office of Sustainability; not to exceed
$3,695,000 shall be available for the personnel compensation
and benefits for the Office of Strategic Planning and
Management; not to exceed $4,375,000 shall be available for
the personnel compensation and benefits for the Office of the
Chief Disaster and Emergency Management Officer; and not to
exceed $251,400,000 shall be available for nonpersonnel
expenses of the Department of Housing and Urban Development:
Provided, That, funds provided under this heading may be used
for necessary administrative and nonadministrative expenses
of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may
be used for advertising and promotional activities that
support the housing mission area: Provided further, That the
Secretary shall notify the Committees on Appropriations one
month before any of the funds made available under this
heading may be used for international travel.
Personnel Compensation and Benefits
public and indian housing
For necessary personnel compensation and benefits expenses
of the Office of Public and Indian Housing, $194,889,000.
community planning and development
For necessary personnel compensation and benefits expenses
of the Office of Community Planning and Development mission
area, $104,656,000.
housing
For necessary personnel compensation and benefits expenses
of the Office of Housing, $390,885,000.
office of the government national mortgage association
For necessary personnel compensation and benefits expenses
of the Office of the Government National Mortgage
Association, $14,000,000, to be derived from the GNMA
guarantees of mortgage backed securities guaranteed loan
receipt account.
[[Page S9207]]
policy development and research
For necessary personnel compensation and benefits expenses
of the Office of Policy Development and Research,
$21,138,000.
fair housing and equal opportunity
For necessary personnel compensation and benefits expenses
of the Office of Fair Housing and Equal Opportunity,
$70,363,000.
office of healthy homes and lead hazard control
For necessary personnel compensation and benefits expenses
of the Office of Healthy Homes and Lead Hazard Control,
$7,151,000.
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,298,997,653, to remain available until expended, shall be
available on October 1, 2010 (in addition to the
$4,000,000,000 previously appropriated under this heading
that will become available on October 1, 2010), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2011: Provided, That of the amounts
made available under this heading are provided as follows:
(1) $16,993,997,653 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose vouchers initially funded in fiscal years 2008, 2009
and 2010 (such as Family Unification, Veterans Affairs
Supportive Housing Vouchers and Non-elderly Disabled
Vouchers): Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2011 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for calendar year 2010 and by applying
the most recent 12 months of the Annual Adjustment Factor as
established by the Secretary, and by making any necessary
adjustments for the costs associated with the first-time
renewal of vouchers under this paragraph including tenant
protection, and HOPE VI vouchers: Provided further, That none
of the funds provided under this paragraph may be used to
fund a total number of unit months under lease which exceeds
a public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the Moving to Work demonstration, which are instead governed
by the terms and conditions of their MTW agreements: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount specified under this paragraph, pro
rate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further,
That except as provided in the following provisos, the entire
amount specified under this paragraph shall be obligated to
the public housing agencies based on the allocation and pro
rata method described above, and the Secretary shall notify
public housing agencies of their annual budget not later than
60 days after enactment of this Act: Provided further, That
the Secretary may extend the 60-day notification period with
the prior written approval of the House and Senate Committees
on Appropriations: Provided further, That public housing
agencies participating in the Moving to Work demonstration
shall be funded pursuant to their Moving to Work agreements
and shall be subject to the same pro rata adjustments under
the previous provisos: Provided further, That up to
$150,000,000 shall be available only: (1) to adjust the
allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced
a significant increase, as determined by the Secretary, in
renewal costs of tenant-based rental assistance resulting
from unforeseen circumstances or from portability under
section 8(r) of the Act; (2) for vouchers that were not in
use during the 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the Act;
(3) for any increase in the costs associated with deposits to
family self-sufficiency program escrow accounts; (4) for one-
time adjustments of renewal funding for public housing
agencies in receivership with approved fungibility plans for
calendar year 2009 as authorized in section 11003 of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329); or (5) to
adjust allocations for public housing agencies to prevent
termination of assistance to families receiving assistance
under the disaster voucher program, as authorized by Public
Law 109-148 under the heading ``Tenant-Based Rental
Assistance'': Provided further, That the Secretary shall
allocate amounts under the previous proviso based on need as
determined by the Secretary: Provided further, That of the
amounts made available under this paragraph, up to
$100,000,000 may be transferred to and merged with the
appropriation for ``Transformation Initiative'';
(2) $150,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to
assistance under section 8, the family unification program
under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act, HOPE VI vouchers, mandatory and voluntary conversions,
exigent health and safety issues in public housing units, and
tenant protection assistance including replacement and
relocation assistance or for project based assistance to
prevent the displacement of unassisted elderly tenants
currently residing in section 202 properties financed between
1959 and 1974 that are refinanced pursuant to Public Law 106-
569, as amended, or under the authority as provided under
this Act: Provided, That the Secretary may only provide
replacement vouchers for all units that were occupied within
the previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds: Provided
further, That of the amounts made available under this
paragraph, $25,000,000 shall be available to provide tenant
protection assistance, not otherwise provided under this
paragraph, to residents residing in low-vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of (1) the maturity of a HUD-insured,
HUD-held or section 202 loan that requires the permission of
the Secretary prior to loan prepayment, (2) the expiration of
a rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law, or (3) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the
previous proviso may be provided under the authority of
section 8(t) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That the Secretary shall
issue guidance to implement the previous two provisos,
including but not limited to requirements for defining
eligible at-risk households within 120 days of the enactment
of this Act;
(3) $1,851,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $50,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
Veterans Affairs Supportive Housing vouchers, and other
incremental vouchers: Provided, That no less than
$1,741,000,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year
2011 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading, for fiscal year 2010 and prior fiscal years,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That amounts provided under
this paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities: Provided
further, That of the total amount provided under this
paragraph, $60,000,000 shall be available for family self-
sufficiency coordinators under section 23 of the Act:
Provided further, That amounts provided for family self-
sufficiency coordinators shall be obligated to the public
housing agencies not later than 60 days after enactment of
this Act;
(4) $15,000,000 for incremental voucher assistance through
the Family Unification Program: Provided, That the assistance
made available under this paragraph shall continue to remain
available for family unification upon turnover: Provided
further, That the Secretary of Housing and Urban Development
shall make such funding available, notwithstanding section
204 (competition provision) of this title, to entities with
demonstrated experience and resources for supportive
services;
(5) $63,000,000 for renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013) entered into prior to
fiscal year 2007: Provided, That such renewals shall be
entered into pursuant to section 8(o) of the United States
Housing Act of 1937 in an amount necessary to fully fund the
conversion of the number of authorized vouchers under each
such section 811 contract to each such section 8(o) contract,
including necessary administrative expenses, from the date of
renewal through the end of calendar year 2011: Provided
further, That unobligated balances, including recaptures and
[[Page S9208]]
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development in prior fiscal
years for tenant-based assistance under such section 811
shall be available for renewal or amendment of contracts
converted under this paragraph: Provided further, That all
assistance made available under this paragraph shall continue
to remain available only to persons with disabilities upon
turnover: Provided further, That such converted vouchers may
be administered by the entity administering the vouchers
prior to conversion and any such entity shall be considered a
``public housing agency'' authorized to engage in the
operation of tenant-based assistance under such section 8(o)
with respect to such converted vouchers;
(6) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That
Veterans Affairs Supportive Housing projects may be
designated as single sex projects for such purposes as
approved by the Secretary of Housing and Urban Development
and the Secretary of the Department of Veterans Affairs,
notwithstanding any other statutory or regulatory
requirement: Provided further, That the Secretary of Housing
and Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute
or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available
under this paragraph shall continue to remain available for
homeless veterans upon turnover;
(7) up to $66,000,000 for incremental tenant-based
assistance for eligible families assisted under the Disaster
Housing Assistance Program for Hurricanes Ike and Gustav:
Provided, That these vouchers will not be re-issued when
families leave the program;
(8) $85,000,000 for incremental voucher assistance under
section 8(o) of the United States Housing Act of 1937,
including related administrative expenses, for two
competitive demonstration programs to address the needs of
families and individuals who are homeless or at risk of
homelessness, as defined by the Secretary of Housing and
Urban Development, to be administered by the Department of
Housing and Urban Development in conjunction with the
Department of Health and Human Services and the Department of
Education: Provided, That one demonstration program shall
make funding available to public housing agencies that: (1)
partner with eligible State or local entities responsible for
distributing Temporary Assistance for Needy Families (TANF)
and other health and human services as designated by the
Secretary of the Department of Health and Human Services, and
(2) partner with school homelessness liaisons funded through
the Department of Education's Education for Homeless Children
and Youths program: Provided further, That the other
demonstration program shall make funding available to public
housing agencies that partner with eligible state Medicaid
agencies and State behavioral health entities as designated
by the Secretary of the Department of Health and Human
Services to provide housing in conjunction with Medicaid case
management, substance abuse treatment, and mental health
services: Provided further, That the Secretary of Housing and
Urban Development shall make the funding specified in this
subsection available through such allocation procedures as
the Secretary determines to be appropriate, notwithstanding
section 213 of the Housing and Community Development Act of
1974 (42 U.S.C. 1439) and section 204 (competition provision)
of this title, to entities with demonstrated experience and
that meet such other requirements as determined by the
Secretary: Provided further, That the Secretary of Housing
and Urban Development may waive, or specify alternative
requirements for any provision of any statute or regulation
that the Secretary of Housing and Urban Development
administers in connection with the use of funds made
available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That the Secretary shall
publish in the Federal Register any waiver of any statute or
regulation applicable to the entire demonstration that the
Secretary administers pursuant to this subsection no later
than 10 days before the effective date of such waiver:
Provided further, That assistance made available under this
subsection shall continue to remain available for these
purposes upon turnover; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(rescission)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2011 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be cancelled:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from project-based
section 8 contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$2,500,000,000, to remain available until September 30, 2014:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2011 the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $15,345,000 shall
be to support the ongoing Public Housing Financial and
Physical Assessment activities of the Real Estate Assessment
Center (REAC): Provided further, That of the total amount
provided under this heading, not to exceed $30,000,000 shall
be available for the Secretary to make grants,
notwithstanding section 204 of this Act, to public housing
agencies for emergency capital needs including safety and
security measures necessary to address crime and drug-related
activity as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2011:
Provided further, That of the amounts made available under
the previous proviso, not less than $10,000,000 shall be for
safety and security measures: Provided further, That of the
amounts provided under this heading up to $25,000,000 may be
for grants to be competitively awarded to public housing
agencies for the construction, rehabilitation or purchase of
facilities to be used to provide early education, adult
education, job training or other appropriate services to
public housing residents: Provided further, That the
Department of Housing and Urban Development shall publish a
notice of funding availability within 90 days of the
enactment of this Act: Provided further, That grantees shall
demonstrate an ability to leverage other Federal, State,
local or private resources for the construction,
rehabilitation or acquisition of such facilities, and that
selected grantees shall demonstrate a capacity to pay the
long-term costs of operating such facilities: Provided
further, That of the total amount provided under this
heading, $50,000,000 shall be for supportive services,
service coordinators and congregate services as authorized by
section 34 of the Act (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.): Provided further, That a
Notice of Funding Availability for the funds provided in the
previous proviso shall be issued not later than 60 days after
enactment of this Act: Provided further, That of the total
amount provided under this heading up to $8,820,000 is to
support the costs of administrative and judicial
receiverships: Provided further, That from the funds made
available under this heading, the Secretary shall provide
bonus awards in fiscal year 2011 to public housing agencies
that are designated high performers.
public housing operating fund
(including transfer of funds)
For 2011 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,775,000,000: Provided, That,
[[Page S9209]]
in fiscal year 2009 and all fiscal years hereafter, no
amounts under this heading in any appropriations Act may be
used for payments to public housing agencies for the costs of
operation and management of public housing for any year prior
to the current year of such Act: Provided further, That of
the amounts made available under this heading, up to
$15,000,000 may be transferred to and merged with the
appropriation for ``Transformation Initiative''.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937 (42 U.S.C. 1437v),
$200,000,000, to remain available until September 30, 2012,
of which the Secretary of Housing and Urban Development may
use up to $5,000,000 for technical assistance and contract
expertise, to be provided directly or indirectly by grants,
contracts or cooperative agreements, including training and
cost of necessary travel for participants in such training,
by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none
of such funds shall be used directly or indirectly by
granting competitive advantage in awards to settle litigation
or pay judgments, unless expressly permitted herein: Provided
further, That a Notice of Funding Availability for the funds
provided under this heading shall be issued not later than 90
days after enactment of this Act: Provided further, That of
the amounts provided under this heading, up to $90,000,000
may be available for a demonstration of the Choice
Neighborhoods Initiative (subject to such section 24 except
as otherwise specified under the provisos for this
demonstration under this heading) for the transformation,
rehabilitation and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, public assets,
transportation and access to jobs and schools, including
public schools, community schools and charter schools:
Provided further, That for this demonstration, funds may also
be used for the conversion of vacant or foreclosed properties
to affordable housing: Provided further, That use of funds
made available for this demonstration under this heading
shall not be deemed to be public housing notwithstanding
section 3(b)(1) of such Act: Provided further, That grantees
shall commit to an additional period of affordability,
determined by the Secretary, but not fewer than 20 years:
Provided further, That grantees shall undertake comprehensive
local planning with input from residents and the community:
Provided further, That for the purpose of this demonstration,
applicants may include local governments, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, and the Administrator of the Environmental
Protection Agency to coordinate and leverage other
appropriate Federal resources: Provided further, That the
Secretary shall develop and publish a Notice of Funding
Availability for the allocation and the use of such
competitive funds in this demonstration, including but not
limited to eligible activities, program requirements,
protections and services for affected residents and
performance metrics.
native american housing block grants
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $700,000,000, to remain available until
expended: Provided, That, notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race Census data and with the need component
based on multi-race Census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That of the amounts made available under this heading,
$3,500,000 shall be contracted for assistance for a national
organization representing Native American housing interests
for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities
as authorized under NAHASDA; and $4,250,000 shall be to
support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the
training, oversight, and management of such Indian housing
and tenant-based assistance, including up to $300,000 for
related travel: Provided further, That of the amount provided
under this heading, $2,000,000 shall be made available for
the cost of guaranteed notes and other obligations, as
authorized by title VI of NAHASDA: Provided further, That
such costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$20,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $13,000,000, to remain available until expended:
Provided, That of this amount, $300,000 shall be for training
and technical assistance activities, including up to $100,000
for related travel by Hawaii-based HUD employees.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z), $9,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined 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 guaranteed, up to $994,000,000:
Provided further, That up to $750,000 shall be for
administrative contract expenses including management
processes and systems to carry out the loan guarantee
program.
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z), $1,044,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined 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 guaranteed, not to exceed
$41,504,255.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $345,000,000, to remain
available until September 30, 2012, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2013: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3)
of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized
under this section: Provided further, That the Department
shall notify grantees of their formula allocation within 60
days of enactment of this Act.
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,450,000,000, to remain
available until September 30, 2013, unless otherwise
specified: Provided, That of the total amount provided,
$3,990,000,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the ``Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading (except for
planning grants provided in the second paragraph and amounts
made available under the third paragraph), not to exceed 20
percent of any grant made with funds appropriated under this
heading shall be expended for planning and management
development and administration: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That $65,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section
204 of this Act), up to $3,960,000 may be used for
emergencies that constitute imminent threats to health and
safety.
Of the amount made available under this heading,
$170,176,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the explanatory statement
accompanying this Act: Provided, That none of the funds
provided under this paragraph may be used for program
operations: Provided further, That, for fiscal years 2009,
2010 and 2011, no unobligated funds for EDI grants may be
used for any purpose except acquisition, planning, design,
purchase of equipment, revitalization, redevelopment or
construction.
Of the amount made available under this heading,
$23,600,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in
areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing
benefits can be integrated more effectively with welfare
reform initiatives: Provided, That amounts made available
under this paragraph shall be provided
[[Page S9210]]
in accordance with the terms and conditions specified in the
explanatory statement accompanying this Act.
The referenced explanatory statement for item 113 under the
heading ``Community Development Fund'' in title III of
division A of Public Law 109-115 is deemed to be amended by
striking ``a pedestrian bridge'' and inserting ``pedestrian
and disabled access improvements''.
The referenced statement of the managers under this heading
in title II of division A of Public Law 111-117 is deemed to
be amended by striking ``World Trade Center of St. Louis, MO
for the construction of a commercialization center'' and
inserting ``World Trade Center of St. Louis, MO for equipment
and the construction of a commercialization center''.
The referenced explanatory statement under this heading in
division I of Public Law 111-8 is deemed to be amended with
respect to ``Providence Community Action, RI'' by striking
``for purchase of a building to provide transitional housing
for homeless families' '' and inserting ``for purchase and
renovation of a building to provide transitional housing for
homeless families''.
The referenced explanatory statement under this heading in
title II of division I of Public Law 111-8 (123 Stat. 524),
is deemed to be amended with respect to ``Jefferson County,
CO'' by striking ``for the purchase of a 15-unit apartment
complex located in Golden, CO to provide housing for homeless
veterans'' and inserting ``for the construction, purchase, or
renovation of a facility to provide housing for homeless
veterans''.
The referenced explanatory statement under this hearing in
title II of division A of Public Law 111-117 (123 Stat.
3034), is deemed to be amended with respect to the item
relating to ``Jefferson County, CO'' by striking ``For the
housing authority to establish a new program of housing and
supportive services for homeless veterans'' and inserting
``for the construction, purchase, or renovation of a facility
to provide housing for homeless veterans''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``City of Wilson, NC, for demolition of dilapidated
structures from downtown Wilson to further downtown
redevelopment'' and inserting ``City of Wilson, NC, for the
renovation of blighted structures to enhance downtown
development''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``Catskill Visitor Interpretative Center, Shandaken,
NY, for construction of a visitor's center'' and inserting
``New York State Department of Environmental Conservation,
NY, for planning and design of the Catskill Visitor
Interpretative Center''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``Charles County Department of Human Services,
Maryland, Port Tobacco, MD, for acquisition and
rehabilitation of the former Changing Point South facility as
a homeless shelter and transitional housing'' and inserting
``Charles County Department of Human Services, Port Tobacco,
MD, for acquisition and rehabilitation of a facility''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``Covenant House California, Los Angeles, CA, For
design and construction of a homeless youth shelter'' and
inserting ``Covenant House California, Los Angeles, CA, To
renovate a support services facility to serve homeless youth
in Los Angeles''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division A of Public Law 111-117 is deemed to be amended by
striking ``Altadena Library District, Altadena, CA,
Renovation, expansion and ADA compliance at a public
library'' and inserting ``Altadena Library District,
Altadena, CA, For planning, design, renovation, expansion and
ADA compliance at a public library''.
Of the amounts made available under this heading,
$150,000,000 shall be made available for a Sustainable
Communities Initiative to improve regional planning efforts
that integrate housing and transportation decisions, and
increase the capacity to improve land use and zoning:
Provided, That grants under such Initiative may only be made
to metropolitan planning organizations (MPOs), rural planning
organizations, States or other units of general local
government, Indian tribes, and housing-, economic
development- or transportation-related nonprofit
organizations: Provided further, That $100,000,000 shall be
for Regional Integrated Planning Grants to support the
linking of transportation and land use planning: Provided
further, That not less than $25,000,000 of the funding made
available for Regional Integrated Planning Grants shall be
awarded to metropolitan areas of less than 500,000: Provided
further, That $40,000,000 shall be for Community Challenge
Planning Grants to foster reform and reduce barriers to
achieve affordable, economically vital, and sustainable
communities: Provided further, That before funding is made
available for Regional Integrated Planning Grants or
Community Challenge Planning Grants, the Secretary, in
coordination with the Secretary of Transportation, shall
submit a plan to the House and Senate Committees on
Appropriations, the Senate Committee on Banking and Urban
Affairs, and the House Committee on Financial Services
detailing any changes to the grant criteria or performance
measures by which the success of grantees will be measured
that were first established in fiscal year 2010: Provided
further, That the Secretary will consult with the Secretary
of Transportation in evaluating grant proposals: Provided
further, That up to $10,000,000 shall be for a joint
Department of Housing and Urban Development and Department of
Transportation research effort that shall include a rigorous
evaluation of the Regional Integrated Planning Grants and
Community Challenge Planning Grants programs, as well as to
provide funding for a clearinghouse and capacity building
efforts: Provided further, That of the amounts made available
under this heading, $25,000,000 shall be made available for
the Rural Innovation Fund for grants to Indian tribes, State
housing finance agencies, State community and/or economic
development agencies, local rural nonprofits and community
development corporations to address the problems of
concentrated rural housing distress and community poverty:
Provided further, That of the funding made available under
the previous proviso, at least $5,000,000 shall be made
available to promote economic development and
entrepreneurship for federally recognized Indian Tribes,
through activities including the capitalization of revolving
loan programs and business planning and development, funding
is also made available for technical assistance to increase
capacity through training and outreach activities: Provided
further, That the Department of Housing and Urban Development
shall publish a notice of funding availability for the Rural
Innovation Fund within 120 days of enactment of this Act:
Provided further, That of the amounts made available under
this heading, $26,224,000 is for grants pursuant to section
107 of the Housing and Community Development Act of 1974 (42
U.S.C. 5307).
community development loan guarantees program account
For the cost of guaranteed loans, $8,000,000, to remain
available until September 30, 2012, as authorized by section
108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5308): Provided, That such costs, including the cost
of modifying such loans, shall be as defined 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 guaranteed, not to
exceed $341,880,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as
amended.
brownfields redevelopment
For competitive economic development grants, as authorized
by section 108(q) of the Housing and Community Development
Act of 1974, as amended, for Brownfields redevelopment
projects, $10,000,000, to remain available until September
30, 2012: Provided, That no funds made available under this
heading may be used to establish loan loss reserves for the
section 108 Community Development Loan Guarantee program:
Provided further, That a Notice of Funding Availability shall
be issued not later than 90 days after enactment of this Act.
home investment partnerships program
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,825,000,000, to remain available
until September 30, 2013: Provided, That, funds provided in
prior appropriations Acts for technical assistance, that were
made available for Community Housing Development
Organizations technical assistance, and that still remain
available, may be used for HOME technical assistance
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of
enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$82,000,000, to remain available until September 30, 2012:
Provided, That of the total amount provided under this
heading, $27,000,000 shall be made available to the Self-Help
and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That $50,000,000
shall be made available for the second, third and fourth
capacity building activities authorized under section 4(a) of
the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
which not less than $5,000,000 may be made available for
rural capacity building activities: Provided further, That
$5,000,000 shall be made available for capacity building
activities as authorized in sections 6301 through 6305 of
Public Law 110-246: Provided further, That a Notice of
Funding Availability shall be issued not later than 90 days
after enactment of this Act.
homeless assistance grants
For the emergency solutions grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the continuum of care
[[Page S9211]]
program as authorized under subtitle C of title IV of such
Act; and the rural housing stability assistance program as
authorized under subtitle D of title IV of such Act,
$2,200,000,000, of which $2,195,000,000 shall remain
available until September 30, 2013, and of which $5,000,000
shall remain available until expended for project-based
rental assistance with rehabilitation for such projects with
10-year grant terms and any rental assistance amounts that
are recaptured under such continuum of care program shall
remain available until expended: Provided, That at least
$345,000,000 of the funds appropriated under this heading
shall be available for such emergency solutions grants
program: Provided further, That up to $1,844,000,000 of the
funds appropriated under this heading shall be available for
such continuum of care and rural housing stability assistance
programs: Provided further, That up to $6,000,000 of the
funds appropriated under this heading shall be available for
the national homeless data analysis project: Provided
further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and
prior years, a grantee may use (or could have used) as a
source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That the Secretary shall renew on an
annual basis expiring contracts or amendments to contracts
funded under the continuum of care program if the program is
determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial
standards, as determined by the Secretary: Provided further,
That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment
programs for which homeless populations may be eligible,
including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food
Stamps, and services funding through the Mental Health and
Substance Abuse Block Grant, Workforce Investment Act, and
the Welfare-to-Work grant program: Provided further, That all
balances for Shelter Plus Care renewals previously funded
from the Shelter Plus Care Renewal account and transferred to
this account shall be available, if recaptured, for continuum
of care renewals in fiscal year 2011.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $8,882,328,000, to remain available until
expended, shall be available on October 1, 2010 (in addition
to the $393,672,000 previously appropriated under this
heading that will become available October 1, 2010), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2011: Provided, That the amounts made
available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for
renewal of section 8 contracts for units in projects that are
subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990,
and for administrative and other expenses associated with
project-based activities and assistance funded under this
paragraph: Provided further, That of the total amounts
provided under this heading, not to exceed $326,000,000 shall
be available for performance-based contract administrators
for section 8 project-based assistance: Provided further,
That the Secretary of Housing and Urban Development may also
use such amounts in the previous proviso for performance-
based contract administrators for the administration of:
interest reduction payments pursuant to section 236(a) of the
National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement
payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project
rental assistance contracts for the elderly under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q);
project rental assistance contracts for supportive housing
for persons with disabilities under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to section
202(h) of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667); and loans under section 202 of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive
services associated with the housing, $825,000,000, to remain
available until September 30, 2014, of which up to
$465,000,000 shall be for capital advance and project-based
rental assistance awards: Provided, That amounts for project
rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the
date of such obligation: Provided further, That of the amount
provided under this heading, up to $90,000,000 shall be for
service coordinators and the continuation of existing
congregate service grants for residents of assisted housing
projects, and of which up to $40,000,000 shall be for grants
under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) for conversion of eligible projects under such
section to assisted living or related use and for substantial
and emergency capital repairs as determined by the Secretary:
Provided further, That of the amount made available under
this heading, $20,000,000 shall be available to the Secretary
of Housing and Urban Development only for making competitive
grants to private nonprofit organizations and consumer
cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating
to the development of supportive housing for the elderly that
is eligible for assistance under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related
activities associated with section 202 capital advance
projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in
duration.
housing for persons with disabilities
For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such
Act, including amendments to contracts for such assistance
and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with
the housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, $235,000,000, of which up to
$169,000,000 shall be for capital advances and project-based
rental assistance contracts, to remain available until
September 30, 2014: Provided, That amounts for project rental
assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the
date of such obligation: Provided further, That the Secretary
may waive the provisions of section 811 governing the terms
and conditions of project rental assistance, except that the
initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That amounts made
available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 811 Capital Advance
Projects.
Housing Counseling Assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $88,000,000,
including up to $2,500,000 for administrative contract
services, to remain available until September 30, 2012:
Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial
management/literacy, and such other matters as may be
appropriate to assist them in improving their housing
conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training.
other assisted housing programs
rental housing assistance
For amendments to or extensions for up to 1 year of
expiring contracts under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in
State-aided, noninsured rental housing projects, $40,600,000,
to remain available until expended.
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under
section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) and section 236 of the National Housing Act
(12 U.S.C. 1715z-1) $40,600,000 are rescinded: Provided, That
no amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
[[Page S9212]]
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $14,000,000, to remain
available until expended, of which $7,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2011 so as to result in a
final fiscal year 2011 appropriation from the general fund
estimated at not more than $7,000,000 and fees pursuant to
such section 620 shall be modified as necessary to ensure
such a final fiscal year 2011 appropriation: Provided
further, That for the dispute resolution and installation
programs, the Secretary of Housing and Urban Development may
assess and collect fees from any program participant:
Provided further, That such collections shall be deposited
into the Fund, and the Secretary, as provided herein, may use
such collections, as well as fees collected under section
620, for necessary expenses of such Act: Provided further,
That notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service
providers that are paid directly by the recipients of their
services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfer of funds)
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2012: Provided, That during fiscal year 2011, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$50,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund. For
administrative contract expenses of the Federal Housing
Administration, $221,125,000, to remain available until
September 30, 2012, of which up to $71,500,000 may be
transferred to and merged with the Working Capital Fund:
Provided further, That to the extent guaranteed loan
commitments exceed $200,000,000,000 on or before April 1,
2011, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000.
general and special risk program account
During fiscal year 2011, commitments to guarantee loans
incurred under the General and Special Risk Insurance Funds,
as authorized by sections 238 and 519 of the National Housing
Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$20,000,000,000 in total loan principal, any part of which is
to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $20,000,000, which
shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties
owned by the Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until September 30,
2012.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $54,000,000,
to remain available until September 30, 2012.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $72,000,000, to remain
available until September 30, 2012, of which $42,500,000
shall be to carry out activities pursuant to such section
561: Provided, That of the funds made available to carry out
section 561, not less than $10,000,000 shall be available to
carry out authorized activities, including training,
education and enforcement in order to protect the public from
discriminatory lending practices and mortgage rescue scams:
Provided further, That the Secretary shall publish a notice
of funding availability for amounts made available under the
previous proviso within 30 days of the enactment of this Act:
Provided further, That notwithstanding 31 U.S.C. 3302, the
Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to
provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan:
Provided further, That of the funds made available under this
heading, $500,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion
of translated materials and other programs that support the
assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing
and Urban Development.
Office of Healthy Homes and Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $140,000,000, to remain available
until September 30, 2012, of which not less than $20,000,000
shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act
of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-
related diseases and hazards: Provided, That for purposes of
environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of the law that further the purposes of such Act,
a grant under the Healthy Homes Initiative, Operation Lead
Elimination Action Plan (LEAP), or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made
available under this heading, $48,000,000 shall be made
available on a competitive basis for areas with the highest
lead paint abatement needs: Provided further, That each
recipient of funds provided under the second proviso shall
make a matching contribution in an amount not less than 25
percent: Provided further, That the Secretary may waive the
matching requirement cited in the preceding proviso on a case
by case basis if the Secretary determines that such a waiver
is necessary to advance the purposes of this program:
Provided further, That each applicant shall submit a detailed
plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of
funds pursuant to a notice of funding availability: Provided
further, That amounts made available under this heading in
this or prior appropriations Acts, and that still remain
available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were
appropriated if a program competition is undersubscribed and
there are other program competitions under this heading that
are oversubscribed: Provided further, That a Notice of
Funding Availability shall be issued not later than 120 days
after enactment of this Act.
Management and Administration
working capital fund
For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the maintenance of infrastructure for
Department-wide information technology systems, for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $228,500,000, to remain
available until September 30, 2012: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts may be used for the
purposes specified under this Fund, in addition to any other
information technology the purposes for which such amounts
were appropriated.
office of inspector general
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $125,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
transformation initiative
(including transfer of funds)
For necessary expenses for combating mortgage fraud,
$20,000,000, to remain available until expended. In addition,
of the amounts made available in this Act under each of the
following headings under this title, the Secretary may
transfer to, and merge with, this account up to 1 percent
from each such account, and such transferred amounts shall be
available until September 30, 2015, for: (1) research,
evaluation,
[[Page S9213]]
and program metrics; (2) program demonstrations; (3)
technical assistance and capacity building; and (4)
information technology: ``Housing Opportunities for Persons
With AIDS'', ``Community Development Fund'', ``Housing
Counseling Assistance'', ``Payment to Manufactured Housing
Fees Trust Fund'', ``Mutual Mortgage Insurance Program
Account'', ``Lead Hazard Reduction'', and ``Rental Housing
Assistance'': Provided, That of the amounts made available
under this paragraph, not less than $100,000,000 and not more
than $116,000,000 shall be available for information
technology modernization, including development and
deployment of a Next Generation of Voucher Management System
and development and deployment of modernized Federal Housing
Administration systems: Provided further, That not more than
25 percent of the funds made available for information
technology modernization may be obligated until the Secretary
submits to the Committees on Appropriations a plan for
expenditure that: (1) identifies for each modernization
project: (a) the functional and performance capabilities to
be delivered and the mission benefits to be realized; (b) the
estimated lifecycle cost; and (c) key milestones to be met;
(2) demonstrates that each modernization project is: (a)
compliant with the department's enterprise architecture; (b)
being managed in accordance with applicable lifecycle
management policies and guidance; (c) subject to the
department's capital planning and investment control
requirements; and (d) supported by an adequately staffed
project office; and (3) has been reviewed by the Government
Accountability Office: Provided further, That of the amounts
made available under this paragraph, not more than
$45,000,000 shall be available for technical assistance and
capacity building: Provided further, That technical
assistance activities shall include, technical assistance for
HUD programs, including HOME, Community Development Block
Grant, homeless programs, HOPWA, HOPE VI, Public Housing, the
Housing Choice Voucher Program, Fair Housing Initiative
Program, Housing Counseling, Healthy Homes, Sustainable
Communities, Energy Innovation Fund and other technical
assistance as determined by the Secretary: Provided further,
That of the amounts made available for research, evaluation
and program metrics and program demonstrations, the Secretary
shall include an assessment of the effectiveness of HUD
funded service coordinators: Provided further, That the
Secretary shall submit a plan to the House and Senate
Committees on Appropriations for approval detailing how the
funding provided under this heading will be allocated to each
of the categories identified under this heading and for what
projects or activities funding will be used: Provided
further, That following the initial approval of this plan,
the Secretary may amend the plan with the approval of the
House and Senate Committees on Appropriations: Provided
further, That with respect to amounts made available under
this heading for research, evaluation, program metrics, and
program demonstrations, notwithstanding section 204 of this
title, the Secretary may make grants or enter into
cooperative agreements that include a substantial match
contribution.
General Provisions--Department of Housing and Urban Development
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2011 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2011 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2011 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2011 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2011, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2011 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of New York, New York, on behalf of the New York-Wayne-
White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-
Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development
by: (1) allocating to the City of Jersey City, New Jersey,
the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is
located in Hudson County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to
the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Bergen
County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The recipient cities
shall use amounts allocated under this subsection to carry
out eligible activities under section 855 of the AIDS Housing
Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2011 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas
with a higher than average per capita incidence of AIDS,
shall be adjusted by the Secretary on the basis of area
incidence reported over a 3-year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2011
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 209. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2011 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division
[[Page S9214]]
(hereafter ``metropolitan division''), shall be adjusted by
the Secretary of Housing and Urban Development by allocating
to the State of New Jersey the proportion of the metropolitan
division's amount that is based on the number of cases of
AIDS reported in the portion of the metropolitan division
that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high-incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2011 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2011 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 210 The President's formal budget request for fiscal
year 2012, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 211. A public housing agency or such other entity
that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the
States of Alaska, Iowa, and Mississippi shall not be required
to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and
Mississippi that chooses not to include a resident of public
housing or a recipient of section 8 assistance on the board
of directors or a similar governing board shall establish an
advisory board of not less than six residents of public
housing or recipients of section 8 assistance to provide
advice and comment to the public housing agency or other
administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than
quarterly.
Sec. 212. (a) Notwithstanding any other provision of law,
subject to the conditions listed in subsection (b), for
fiscal years 2011 and 2012, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt and statutorily required low-
income and very low-income use restrictions, associated with
one or more multifamily housing project to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred to ensure that such
project or projects meet the standards under section c.
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units--
(A) For occupied units in the transferring project: the
number of low-income and very low-income units and the
configuration (i.e. bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided by the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: the
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based section 8 budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; or
(F) assistance payments made under section 811(d)(2) of the
Housing Assistance Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required use low-income and very low-income restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 213. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 214. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 215. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
[[Page S9215]]
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition) that
an individual receives under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), from private sources, or an
institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
Sec. 216. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-g)), the Secretary of Housing and Urban
Development may, until September 30, 2011, insure and enter
into commitments to insure mortgages under section 255(g) of
the National Housing Act (12 U.S.C. 1715z-20).
Sec. 217. Notwithstanding any other provision of law, in
fiscal year 2011, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 218. During fiscal year 2011, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan notwithstanding paragraphs (3) and (18)(B)(iii)
of such section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
Sec. 219. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on HUD's use of all sole
source contracts, including terms of the contracts, cost, and
a substantive rationale for using a sole source contract.
Sec. 220. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202(b) of
such Act, may, at its option, establish a single-asset
nonprofit entity to own the project and may lend the grant
funds to such entity, which may be a private nonprofit
organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 221. (a) The amounts provided under the subheading
``Program Account'' under the heading ``Community Development
Loan Guarantees'' may be used to guarantee, or make
commitments to guarantee, notes, or other obligations issued
by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of section 108 of
the Housing and Community Development Act of 1974 in fiscal
year 2011 and subsequent years: Provided, That, any State
receiving such a guarantee or commitment shall distribute all
funds subject to such guarantee to the units of general local
government in non-entitlement areas that received the
commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 222. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2011.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2011.''.
Sec. 223. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 224. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for
assistance with amounts from the operating fund in excess of
the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 225. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that, not later than
90 days after the date of enactment of this Act, a trained
allotment holder shall be designated for each HUD subaccount
under the headings ``Executive Direction'' and heading
``Administration, Operations, and Management'' as well as
each account receiving appropriations for ``personnel
compensation and benefits'' within the Department of Housing
and Urban Development.
Sec. 226. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on the status of all
section 8 project-based housing, including the number of all
project-based units by region as well as an analysis of all
federally subsidized housing being refinanced under the Mark-
to-Market program. The Secretary shall in the report identify
all existing units maintained by region as section 8 project-
based units and all project-based units that have opted out
of section 8 or have otherwise been eliminated as section 8
project-based units. The Secretary shall identify in detail
and by project all the efforts made by the Department to
preserve all section 8 project-based housing units and all
the reasons for any units which opted out or otherwise were
lost as section 8 project-based units. Such analysis shall
include a review of the impact of the loss of any subsidized
units in that housing marketplace, such as the impact of cost
and the loss of available subsidized, low-income housing in
areas with scarce housing resources for low-income families.
Sec. 227. Payment of attorney fees in program-related
litigation must be paid from individual program office
personnel benefits and compensation funding. The annual
budget submission for program office personnel benefit and
compensation funding must include program-related litigation
costs for attorney fees as a separate line item request.
Sec. 228. The Secretary of the Department of Housing and
Urban Development shall for fiscal year 2011 and subsequent
fiscal years, notify the public through the Federal Register
and other means, as determined appropriate, of the issuance
of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary
fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2011 and subsequent fiscal years, the
Secretary may make the NOFA available only on the Internet at
the appropriate Government Web site or Web site or through
other electronic media, as determined by the Secretary.
Sec. 229. Upon request of the project sponsor of a project
assisted with a loan under section 202 of the Housing Act of
1959 (as in effect before the enactment of the Cranston-
Gonzalez National Affordable Housing Act), for which the
Secretary's consent to prepayment is required, the Secretary
may approve the prepayment of any indebtedness to the
Secretary relating to any remaining principal and interest
under the loan as part of a prepayment plan under which--
(1) the project sponsor agrees to operate the project until
the maturity date of the original loan under terms at least
as advantageous to existing and future tenants as the
[[Page S9216]]
terms required by the original loan agreement or any project-
based rental assistance payments contract under section 8 of
the United States Housing Act of 1937 (or any other project-
based rental housing assistance programs of the Department of
Housing and Urban Development, including the rent supplement
program under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s)) or any successor
project-based rental assistance program, except as provided
by subsection (a)(2)(B); and
(2) the prepayment may involve refinancing of the loan if
such refinancing results--
(A) in a lower interest rate on the principal of the loan
for the project and in reductions in debt service related to
such loan; or
(B) in the case of a project that is assisted with a loan
under such section 202 carrying an interest rate of 6 percent
or lower, a transaction under which--
(i) the project owner shall address the physical needs of
the project;
(ii) the prepayment plan for the transaction, including the
refinancing, shall meet a cost benefit analysis, as
established by the Secretary, that the benefit of the
transaction outweighs the cost of the transaction including
any increases in rent charged to unassisted tenants;
(iii) the overall cost for providing rental assistance
under section 8 for the project (if any) is not increased,
except, upon approval by the Secretary to--
(I) mark-up-to-market contracts pursuant to section
524(a)(3) of the Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f note), as such section is
carried out by the Secretary for properties owned by
nonprofit organizations; or
(II) mark-up-to-budget contracts pursuant to section
524(a)(4) of the Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f note), as such section is
carried out by the Secretary for properties owned by eligible
owners (as such term is defined in section 202(k) of the
Housing Act of 1959 (12 U.S.C. 1701q(k));
(iv) the project owner may charge tenants rent sufficient
to meet debt service payments and operating cost
requirements, as approved by the Secretary, if project-based
rental assistance is not available or is insufficient for the
debt service and operating cost of the project after
refinancing. Such approval by the Secretary--
(I) shall be the basis for the owner to agree to terminate
the project-based rental assistance contract that is
insufficient for the debt service and operating cost of the
project after refinancing; and
(II) shall be an eligibility event for the project for
purposes of section 8(t) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t));
(v) units to be occupied by tenants assisted under section
8(t) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)) shall, upon termination of the occupancy of such
tenants, become eligible for project-based assistance under
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(13)) without regard to the percentage
limitations provided in such section; and
(vi) there shall be a use agreement of 20 years from the
date of the maturity date of the original 202 loan for all
units, including units to be occupied by tenants assisted
under section 8(t) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)).
Sec. 230. No property identified by the Secretary of
Housing and Urban Development as surplus Federal property for
use to assist the homeless shall be made available to any
homeless group unless the group is a member in good standing
under any of HUD's homeless assistance programs or is in good
standing with any other program which receives funds from any
other Federal or State agency or entity: Provided, That an
exception may be made for an entity not involved with Federal
homeless programs to use surplus Federal property for the
homeless only after the Secretary or another responsible
Federal agency has fully and comprehensively reviewed all
relevant finances of the entity, the track record of the
entity in assisting the homeless, the ability of the entity
to manage the property, including all costs, the ability of
the entity to administer homeless programs in a manner that
is effective to meet the needs of the homeless population
that is expected to use the property and any other related
issues that demonstrate a commitment to assist the homeless:
Provided further, That the Secretary shall not require the
entity to have cash in hand in order to demonstrate financial
ability but may rely on the entity's prior demonstrated
fundraising ability or commitments for in-kind donations of
goods and services: Provided further, That the Secretary
shall make all such information and its decision regarding
the award of the surplus property available to the committees
of jurisdiction, including a full justification of the
appropriateness of the use of the property to assist the
homeless as well as the appropriateness of the group seeking
to obtain the property to use such property to assist the
homeless: Provided further, That, this section shall apply to
properties in fiscal years 2010 and 2011 made available as
surplus Federal property for use to assist the homeless.
Sec. 231. The Secretary of the Department of Housing and
Urban Development is authorized to transfer up to 5 percent
or $5,000,000, whichever is less, of the funds made available
for personnel or nonpersonnel expenses under any account
under this title under the general heading ``Personnel
Compensation and Benefits'', or under any set-aside within
the accounts under the headings ``Executive Direction'' and
``Administration, Operations and Management'', to any other
such account or any other such set-aside within such
accounts: Provided, That any transfer over 5 percent or
$5,000,000, whichever is less, must be submitted to and
receive the prior written approval of the House and Senate
Committees on Appropriations.
Sec. 232. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban
Development, shall be considered a ``program of the
Department of Housing and Urban Development'' under section
904 of the McKinney Act for the purpose of income
verifications and matching.
Sec. 233. Of the amounts made available for salaries and
expenses under all accounts under this title (except for the
Office of Inspector General account), a total of up to
$15,000,000 may be transferred to and merged with amounts
made available in the ``Working Capital Fund'' account or the
``Transformation Initiative'' account under this title. Any
amounts transferred to the ``Transformation Initiative''
account shall only be available for information technology
requirements and shall remain available until September 30,
2013.
Sec. 234. The transfer requirement established under the
heading ``Flexible Subsidy Fund'' in Public Law 108-447 and
in Public Law 109-115 shall not apply in fiscal year 2011 and
all subsequent fiscal years.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2011''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$7,367,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$25,300,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $20,000,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within Amtrak:
Provided further, That concurrent with the President's budget
request for fiscal year 2012, the Inspector General shall
submit to the House and Senate Committees on Appropriations a
budget request for fiscal year 2012 in similar format and
substance to those submitted by executive agencies of the
Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$104,300,000, of which not to exceed $2,000 may be used for
official reception and representation expenses: Provided,
That the amounts made available to the National
Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in
fiscal year 2001 for a capital lease.
[[Page S9217]]
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $140,000,000, of which $5,000,000
shall be for a multi-family rental housing program: Provided,
That in addition, $35,000,000 shall be made available until
expended for capital grants to rehabilitate or finance the
rehabilitation of affordable housing units, including
necessary administrative expenses: Provided further, That in
addition, $125,000,000 shall be made available until expended
to the Neighborhood Reinvestment Corporation for mortgage
foreclosure mitigation activities, under the following terms
and conditions:
(1) The Neighborhood Reinvestment Corporation (``NRC''),
shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD) (with
match to be determined by the NRC based on affordability and
the economic conditions of an area; a match also may be
waived by the NRC based on the aforementioned conditions) to
provide mortgage foreclosure mitigation assistance primarily
to States and areas with high rates of defaults and
foreclosures to help eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at
risk of such foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided to
approved counseling intermediaries based on a geographic
analysis of the Nation by the NRC which determines where
there is a prevalence of mortgages that are risky and likely
to fail, including any trends for mortgages that are likely
to default and face foreclosure. A State Housing Finance
Agency may also be eligible where the State Housing Finance
Agency meets all the requirements under this paragraph. A
HUD-approved counseling intermediary shall meet certain
mortgage foreclosure mitigation assistance counseling
requirements, as determined by the NRC, and shall be approved
by HUD or the NRC as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and
homeowners will be provided such assistance that shall
consist of activities that are likely to prevent foreclosures
and result in the long-term affordability of the mortgage
retained pursuant to such activity or another positive
outcome for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or homeowners
to discharge outstanding mortgage balances or for any other
direct debt reduction payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower's financial situation, an evaluation of the current
value of the property that is subject to the mortgage,
counseling regarding the assumption of the mortgage by
another non-Federal party, counseling regarding the possible
purchase of the mortgage by a non-Federal third party,
counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out strategy
by all interested parties.
(4) NRC may provide up to 15 percent of the total funds
under this paragraph to its own charter members with
expertise in foreclosure prevention counseling, subject to a
certification by the NRC that the procedures for selection do
not consist of any procedures or activities that could be
construed as an unacceptable conflict of interest or have the
appearance of impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall
have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default,
delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling), loan
workout agreements and loan modification agreements. NRC may
use other criteria to demonstrate capacity in underserved
areas.
(6) Of the total amount made available under this
paragraph, up to $3,000,000 may be made available to build
the mortgage foreclosure and default mitigation counseling
capacity of counseling intermediaries through NRC training
courses with HUD-approved counseling intermediaries and their
partners, except that private financial institutions that
participate in NRC training shall pay market rates for such
training.
(7) Of the total amount made available under this
paragraph, up to 5 percent may be used for associated
administrative expenses for the NRC to carry out activities
provided under this section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training,
as determined by the NRC.
(9) The NRC shall continue to report bi-annually to the
House and Senate Committees on Appropriations as well as the
Senate Banking Committee and House Financial Services
Committee on its efforts to mitigate mortgage default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,930,000.
Section 209 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11319) is deleted.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Such sums as may be necessary for fiscal year
2010 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 404. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2011, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) creates,
reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the explanatory statement accompanying this Act, whichever is
more detailed, unless prior approval is received from the
House and Senate Committees on Appropriations: Provided, That
not later than 60 days after the date of enactment of this
Act, each agency funded by this Act shall submit a report to
the Committees on Appropriations of the Senate and of the
House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall
include: (1) a table for each appropriation with a separate
column to display the President's budget request, adjustments
made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2011 from
appropriations made available for salaries and expenses for
fiscal year 2011 in this Act, shall remain available through
September 30, 2012, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole-source
contracts by no later than July 30, 2011. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole-source contract.
[[Page S9218]]
Sec. 408. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 409. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownsfield as defined in the Small Business Liability Relief
and Brownsfield Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 410. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 411. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 412. No funds appropriated pursuant to this Act may
be expended in contravention of sections 2 through 4 of the
Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as
the ``Buy American Act'').
Sec. 413. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 414. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 415. None of the funds made available in this Act may
be used to purchase a light bulb for an office building
unless the light bulb has, to the extent practicable, an
Energy Star or Federal Energy Management Program designation.
Sec. 416. After any notice of funding availability or any
other notice designed to solicit applications for funding
issued by either of the following departments for a
competitive grant program with an annual budget, including
grants, equal to or exceeding $100,000,000, or for the
Department of Transportation's Grants for Energy Efficiency
and Greenhouse Gas Reductions program, the Secretary of the
Department of Transportation and the Secretary of Housing and
Urban Development shall post on their Web sites the following
information regarding any of the applicable programs
including, but not limited to, the primary purpose of the
grant program, the criteria for grant selection, and the
process for the decisionmaking by the Department: Provided,
That once all valid applications have been received by the
Department for a program by a date certain established by the
Department, the Department shall post on its Web site a
summary of the primary information in each grant application,
including the applicant's name, address, phone number, point
of contact, and the primary funding or other request of each
grantee: Provided further, That a department shall post on
its Web site the name of all successful grantees, the grant
award amount, and the justification for the selection by the
department as well as the methodology for the award
selections, including how the selected awards are consistent
with program goals, and as soon as is available, a summary of
all benchmarks and deadlines that are expected to be met by a
grantee.
Sec. 417. (a) None of the funds made available in this Act
may be used to establish, issue, implement, administer, or
enforce any prohibition or restriction on the establishment
or effectiveness of any occupancy preference for veterans in
supportive housing for the elderly that: (1) is provided
assistance by the Department of Housing and Urban
Development; and (2)(A) is or would be located on property of
the Department of Veterans Affairs; or (B) is subject to an
enhanced use lease with the Department of Veterans Affairs.
TITLE V--EXTENSION OF CURRENT SURFACE TRANSPORTATION PROGRAMS
SEC. 501. SHORT TITLE; RECONCILIATION OF FUNDS.
(a) Short Title.--This title may be cited as the ``Surface
Transportation Extension Act of 2010, Part II''.
(b) Reconciliation of Funds.--The Secretary of
Transportation shall reduce the amount apportioned or
allocated for a program, project, or activity under this
title in fiscal year 2011 by amounts apportioned or allocated
pursuant to the Surface Transportation Extension Act of 2010
for the period beginning on October 1, 2010, and ending on
December 31, 2010.
Subtitle A--Federal-Aid Highways
SEC. 511. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) In General.--Section 411 of the Surface Transportation
Extension Act of 2010 (Public Law 111-147; 124 Stat. 78) is
amended--
(1) by striking ``the period beginning on October 1, 2010,
and ending on December 31, 2010'' each place it appears
(except in subsection (c)(2)) and inserting ``fiscal year
2011'';
(2) in subsection (a) by striking ``December 31, 2010'' and
inserting ``September 30, 2011'';
(3) in subsection (b)(2) by striking ``\1/4\ of'';
(4) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``\1/4\ of''; and
(ii) by striking ``the period beginning on October 1, 2010,
and ending on December 31, 2010,'' and inserting ``fiscal
year 2011'';
(B) in paragraph (4)--
(i) in subparagraph (A)(ii) by striking ``, except that
during such period obligations subject to such limitation
shall not exceed \1/4\ of the limitation on obligations
included in an Act making appropriations for fiscal year
2011''; and
(ii) in subparagraph (B)(ii)(II) by striking
``$159,750,000'' and inserting ``$639,000,000''; and
(C) by striking paragraph (5);
(5) in subsection (d)--
(A) by striking ``\1/4\ of'' each place it appears; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i) by striking
``apportioned under sections 104(b) and 144 of title 23,
United States Code,'' and inserting ``specified in section
105(a)(2) of title 23, United States Code (except the high
priority projects program),''; and
(ii) in clause (ii) by striking ``apportioned under such
sections of such Code'' and inserting ``specified in such
section 105(a)(2) (except the high priority projects
program)''; and
(6) in subsection (e)(1)(B) by striking ``\1/4\''.
(b) Administrative Expenses.--Section 412(a)(2) of the
Surface Transportation Extension Act of 2010 (Public Law 111-
147; 124 Stat. 83) is amended--
(1) by striking ``$105,606,250'' and inserting
``$422,425,000''; and
(2) by striking ``the period beginning on October 1, 2010,
and ending on December 31, 2010'' and inserting ``fiscal year
2011''.
Subtitle B--Extension of National Highway Traffic Safety
Administration, Federal Motor Carrier Safety Administration, and
Additional Programs
SEC. 521. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION HIGHWAY SAFETY PROGRAMS.
(a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1)
of SAFETEA-LU (119 Stat. 1519) is amended by striking ``and
$58,750,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and
$235,000,000 for fiscal year 2011.''.
(b) Highway Safety Research and Development.--Section
2001(a)(2) of SAFETEA-LU (119 Stat. 1519) is amended by
striking ``and $27,061,000 for the period beginning on
October 1, 2010, and ending on December 31, 2010.'' and
inserting ``and $108,244,000 for fiscal year 2011.''.
(c) Occupant Protection Incentive Grants.--Section
2001(a)(3) of SAFETEA-LU (119 Stat. 1519) is amended by
striking ``and $6,250,000 for the period beginning on October
1, 2010, and ending on December 31, 2010.'' and inserting
``and $25,000,000 for fiscal year 2011.''.
(d) Safety Belt Performance Grants.--Section 2001(a)(4) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and
$31,125,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and
$124,500,000 for fiscal year 2011.''.
(e) State Traffic Safety Information System Improvements.--
Section 2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended
by striking ``and $8,625,000 for the period beginning on
October 1, 2010, and ending on December 31, 2010.'' and
inserting ``and $34,500,000 for fiscal year 2011.''.
(f) Alcohol-impaired Driving Countermeasures Incentive
Grant Program.--Section 2001(a)(6) of SAFETEA-LU (119 Stat.
1519) is amended by striking ``and $34,750,000 for the period
beginning on October 1, 2010,
[[Page S9219]]
and ending on December 31, 2010.'' and inserting ``and
$139,000,000 for fiscal year 2011.''.
(g) National Driver Register.--Section 2001(a)(7) of
SAFETEA-LU (119 Stat. 1520) is amended by striking ``and
$1,029,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and $4,116,000
for fiscal year 2011.''.
(h) High Visibility Enforcement Program.--Section
2001(a)(8) of SAFETEA-LU (119 Stat. 1520) is amended by
striking ``and $7,250,000 for the period beginning on October
1, 2010, and ending on December 31, 2010.'' and inserting
``and $29,000,000 for fiscal year 2011.''.
(i) Motorcyclist Safety.--Section 2001(a)(9) of SAFETEA-LU
(119 Stat. 1520) is amended by striking ``and $1,750,000 for
the period beginning on October 1, 2010, and ending on
December 31, 2010.'' and inserting ``and $7,000,000 for
fiscal year 2011.''.
(j) Child Safety and Child Booster Seat Safety Incentive
Grants.--Section 2001(a)(10) of SAFETEA-LU (119 Stat. 1520)
is amended by striking ``and $1,750,000 for the period
beginning on October 1, 2010, and ending on December 31,
2010.'' and inserting ``and $7,000,000 for fiscal year
2011.''.
(k) Administrative Expenses.--Section 2001(a)(11) of
SAFETEA-LU (119 Stat. 1520) is amended by striking ``and
$6,332,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and
$25,328,000 for fiscal year 2011.''.
SEC. 522. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION PROGRAMS.
(a) Motor Carrier Safety Grants.--Section 31104(a)(7) of
title 49, United States Code, is amended by striking
``$52,679,000 for the period beginning on October 1, 2010,
and ending on December 31, 2010.'' and inserting
``$209,000,000 for fiscal year 2011.''.
(b) Administrative Expenses.--Section 31104(i)(1)(G) of
title 49, United States Code, is amended by striking
``$61,036,000 for the period beginning on October 1, 2010,
and ending on December 31, 2010.'' and inserting
``$244,144,000 for fiscal year 2011.''.
(c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119
Stat. 1715) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' after ``2009,''; and
(B) by striking ``and $6,301,000 for the period beginning
on October 1, 2010, and ending on December 31, 2010'' and
inserting ``and $25,000,000 for fiscal year 2011'';
(2) in paragraph (2) by striking ``and $8,066,000 for the
period beginning on October 1, 2010, and ending on December
31, 2010'' and inserting ``and $32,000,000 for fiscal year
2011'';
(3) in paragraph (3) by striking ``and $1,260,000 for the
period beginning on October 1, 2010, and ending on December
31, 2010'' and inserting ``and $5,000,000 for fiscal year
2011'';
(4) in paragraph (4) by striking ``and $6,301,000 for the
period beginning on October 1, 2010, and ending on December
31, 2010'' and inserting ``and $25,000,000 for fiscal year
2011''; and
(5) in paragraph (5) by striking ``and $756,000 for the
period beginning on October 1, 2010, and ending on December
31, 2010'' and inserting ``and $3,000,000 for fiscal year
2011''.
(d) High-Priority Activities.--Section 31104(k)(2) of title
49, United States Code, is amended by striking ``and
$3,781,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010'' and inserting ``and $15,000,000
for fiscal year 2011''.
(e) New Entrant Audits.--Section 31144(g)(5)(B) of title
49, United States Code, is amended by striking ``(and up to
$7,310,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010)''.
(f) Commercial Driver's License Information System
Modernization.--Section 4123(d)(6) of SAFETEA-LU (119 Stat.
1736) is amended by striking ``$2,016,000 for the period
beginning on October 1, 2010, and ending on December 31,
2010.'' and inserting ``$8,000,000 for fiscal year 2011.''.
(g) Outreach and Education.--Section 4127(e) of SAFETEA-LU
(119 Stat. 1741) is amended by striking ``and 2010'' and all
that follows before ``to carry out'' and inserting ``2010,
and 2011''.
(h) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by
striking ``2009, 2010, and $252,000 for the period beginning
on October 1, 2010, and ending on December 31, 2010,'' and
inserting ``2011''.
(i) Motor Carrier Safety Advisory Committee.--Section
4144(d) of SAFETEA-LU (119 Stat. 1748) is amended by striking
``December 31, 2010'' and inserting ``September 30, 2011''.
(j) Working Group for Development of Practices and
Procedures to Enhance Federal-State Relations.--Section
4213(d) of SAFETEA-LU (49 U.S.C. 14710 note; 119 Stat. 1759)
is amended by striking ``December 31, 2010'' and inserting
``September 30, 2011''.
SEC. 523. ADDITIONAL PROGRAMS.
(a) Hazardous Materials Research Projects.--Section 7131(c)
of SAFETEA-LU (119 Stat. 1910) is amended by striking
``through 2010'' and all that follows before ``shall be
available'' and inserting ``through 2011''.
(b) Dingell-Johnson Sport Fish Restoration Act.--Section 4
of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c) is amended--
(1) in subsection (a) by striking ``For each of fiscal
years 2006'' and all that follows before paragraph (1) and
inserting the following: ``For each of fiscal years 2006
through 2011, the balance of each annual appropriation made
in accordance with the provisions of section 3 remaining
after the distributions for administrative expenses and other
purposes under subsection (b) and for multistate conservation
grants under section 14 shall be distributed as follows:'';
and
(2) in subsection (b)(1)(A) by striking the first sentence
and inserting the following: ``From the annual appropriation
made in accordance with section 3, for each of fiscal years
2006 through 2011, the Secretary of the Interior may use no
more than the amount specified in subparagraph (B) for the
fiscal year for expenses for administration incurred in the
implementation of this Act, in accordance with this section
and section 9.''.
(c) Surface Transportation Project Delivery Pilot
Program.--Section 327(i)(1) of title 23, United States Code,
is amended by striking ``6 years after'' and inserting ``7
years after''.
(d) Implementation of Future Strategic Highway Research
Program.--Section 510 of title 23, United States Code, is
amended by adding at the end the following:
``(h) Implementation.--Notwithstanding any other provision
of this section, the Secretary may use funds made available
to carry out this section for implementation of research
products related to the future strategic highway research
program, including development, demonstration, evaluation,
and technology transfer activities.''.
Subtitle C--Public Transportation Programs
SEC. 531. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.
Section 5305(g) of title 49, United States Code, is amended
by striking ``2010, and for the period beginning October 1,
2010, and ending December 31, 2010,'' and inserting ``2011''.
SEC. 532. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.
Section 5307(b)(2) of title 49, United States Code, is
amended--
(1) in the paragraph heading by striking ``2010, and the
period beginning october 1, 2010, and ending december 31,
2010'' and inserting ``2011'';
(2) in subparagraph (A) by striking ``2010, and the period
beginning October 1, 2010, and ending December 31, 2010,''
and inserting ``2011,''; and
(3) in subparagraph (E)--
(A) in the subparagraph heading by striking ``2010 and
during the period beginning october 1, 2010, and ending
december 31, 2010'' and inserting ``2011''; and
(B) in the matter preceding clause (i) by striking ``In
fiscal years 2008 through 2010, and during the period
beginning October 1, 2010, and ending December 31, 2010,''
and inserting ``In each of fiscal years 2008 through 2011''.
SEC. 533. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.
Section 5309(m) of title 49, United States Code, is
amended--
(1) in paragraph (2)--
(A) in the paragraph heading by striking ``2010 and october
1, 2010, through december 31, 2010'' and inserting ``2011'';
(B) in the matter preceding subparagraph (A) by striking
``2010, and during the period beginning October 1, 2010, and
ending December 31, 2010,'' and inserting ``2011''; and
(C) in subparagraph (A)(i) by striking ``2010, and
$50,000,000 for the period beginning October 1, 2010, and
ending December 31, 2010,'' and inserting ``2011'';
(2) in paragraph (6)--
(A) in subparagraph (B) by striking ``2010, and $3,750,000
shall be available for the period beginning October 1, 2010,
and ending December 31, 2010,'' and inserting ``2011''; and
(B) in subparagraph (C) by striking ``2010, and $1,250,000
shall be available for the period beginning October 1, 2010
and ending December 31, 2010,'' and inserting ``2011''; and
(3) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``(A) Ferry boat systems.--'' and all that
follows through ``(i) Fiscal year 2006 through 2010.--
$10,000,000 shall be available in each of fiscal years 2006
through 2010'' and inserting the following:
``(A) Ferry boat systems.--$10,000,000 shall be available
in each of fiscal years 2006 through 2011'';
(ii) by striking clause (ii);
(iii) by redesignating subclauses (I) through (VIII) as
clauses (i) through (viii), respectively, and moving the text
of such clauses 2 ems to the left; and
(iv) by inserting a period at the end of clause (iv) (as so
redesignated);
(B) by striking subparagraph (B)(vi) and inserting the
following:
``(vi) $13,500,000 for fiscal year 2011.'';
(C) in subparagraph (C) by striking ``, and during the
period beginning October 1, 2010, and ending December 31,
2010,'';
(D) in subparagraph (D) by striking ``, and not less than
$8,750,000 shall be available for the period beginning
October 1, 2010, and ending December 31, 2010,''; and
(E) in subparagraph (E) by striking ``, and $750,000 shall
be available for the period beginning October 1, 2010, and
ending December 31, 2010,''.
SEC. 534. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN
URBANIZED AREAS.
Section 5311(c)(1)(F) of title 49, United States Code, is
amended to read as follows:
``(F) $15,000,000 for fiscal year 2011.''.
SEC. 535. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.
Section 5337 of title 49, United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2010'' and inserting ``2011''; and
[[Page S9220]]
(2) by striking subsection (g).
SEC. 536. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.
(a) Formula and Bus Grants.--Section 5338(b) of title 49,
United States Code, is amended--
(1) by striking paragraph (1)(F) and inserting the
following:
``(F) $8,360,565,000 for fiscal year 2011.''; and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``$28,375,000 for the
period beginning October 1, 2010, and ending December 31,
2010,'' and inserting ``$113,500,000 for fiscal year 2011'';
(B) in subparagraph (B) by striking ``$1,040,091,250 for
the period beginning October 1, 2010, and ending December 31,
2010,'' and inserting ``$4,160,365,000 for fiscal year
2011'';
(C) in subparagraph (C) by striking ``$12,875,000 for the
period beginning October 1, 2010, and ending December 31,
2010,'' and inserting ``$51,500,000 for fiscal year 2011'';
(D) in subparagraph (D) by striking ``$416,625,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$1,666,500,000 for fiscal year
2011'';
(E) in subparagraph (E) by striking ``$246,000,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$984,000,000 for fiscal year 2011'';
(F) in subparagraph (F) by striking ``$33,375,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$133,500,000 for fiscal year 2011'';
(G) in subparagraph (G) by striking ``$116,250,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$465,000,000 for fiscal year 2011'';
(H) in subparagraph (H) by striking ``$41,125,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$164,500,000 for fiscal year 2011'';
(I) in subparagraph (I) by striking ``$23,125,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$92,500,000 for fiscal year 2011'';
(J) in subparagraph (J) by striking ``$6,725,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$26,900,000 for fiscal year 2011'';
(K) in subparagraph (K) by striking ``$875,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$3,500,000 for fiscal year 2011'';
(L) in subparagraph (L) by striking ``$6,250,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$25,000,000 for fiscal year 2011'';
(M) in subparagraph (M) by striking ``$116,250,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$465,000,000 for fiscal year 2011'';
and
(N) in subparagraph (N) by striking ``$2,200,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$8,800,000 for fiscal year 2011''.
(b) Capital Investment Grants.--Section 5338(c)(6) of title
49, United States Code, is amended to read as follows:
``(6) $2,000,000,000 for fiscal year 2011.''.
(c) Research and University Research Centers.--Section
5338(d) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by striking
``$17,437,500 for the period beginning October 1, 2010, and
ending December 31, 2010'' and inserting ``$69,750,000 for
fiscal year 2011''; and
(B) in subparagraph (A) by striking ``fiscal year 2009''
and inserting ``each of fiscal years 2009, 2010, and 2011'';
(2) in paragraph (2)(A)--
(A) in clauses (i), (ii), and (iii) by striking ``2009''
and inserting ``2011''; and
(B) in clauses (v), (vi), (vii), and (viii) by striking
``and 2009'' and inserting ``through 2011''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Funding.--If the Secretary determines that a project
or activity described in paragraph (2) received sufficient
funds in fiscal year 2010, or a previous fiscal year, to
carry out the purpose for which the project or activity was
authorized, the Secretary may not allocate any amounts under
paragraph (2) for the project or activity for fiscal year
2011, or any subsequent fiscal year.''.
(d) Administration.--Section 5338(e)(6) of title 49, United
States Code, is amended to read as follows:
``(6) $98,911,000 for fiscal year 2011.''.
SEC. 537. AMENDMENTS TO SAFETEA-LU.
(a) Contracted Paratransit Pilot.--Section 3009(i)(1) of
SAFETEA-LU (119 Stat. 1572) is amended by striking ``2010,
and for the period beginning October 1, 2010, and ending
December 31, 2010'' and inserting ``2011''.
(b) Public-private Partnership Pilot Program.--Section 3011
of SAFETEA-LU (49 U.S.C. 5309 note; 119 Stat. 1588) is
amended--
(1) in subsection (c)(5) by striking ``2010 and the period
beginning October 1, 2010, and ending December 31, 2010'' and
inserting ``2011''; and
(2) in subsection (d) by striking ``2010, and for the
period beginning October 1, 2010, and ending December 31,
2010'' and inserting ``2011''.
(c) Elderly Individuals and Individuals With Disabilities
Pilot Program.--Section 3012(b)(8) of SAFETEA-LU (49 U.S.C.
5310 note; 119 Stat. 1593) is amended by striking ``December
31, 2010'' and inserting ``September 30, 2011''.
(d) Obligation Ceiling.--Section 3040(7) of SAFETEA-LU (119
Stat. 1639) is amended to read as follows:
``(7) $10,507,752,000 for fiscal year 2011, of which not
more than $8,360,565,000 shall be from the Mass Transit
Account.''.
(e) Project Authorizations for New Fixed Guideway Capital
Projects.--Section 3043 of SAFETEA-LU (119 Stat. 1640) is
amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``2010, and for the period beginning October
1, 2010, and ending December 31, 2010,'' and inserting
``2011''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``2010, and for the period beginning October
1, 2010, and ending December 31, 2010,'' and inserting
``2011''.
(f) Allocations for National Research and Technology
Programs.--Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note;
119 Stat. 1706) is amended--
(1) in subsection (b) by striking ``or period'';
(2) by striking subsection (c) and inserting the following:
``(c) Additional Appropriations.--The Secretary shall
allocate amounts appropriated pursuant to section 5338(d) of
title 49, United States Code, for national research and
technology programs under sections 5312, 5314, and 5322 of
such title for fiscal years 2010 and 2011, in amounts equal
to the amounts allocated for fiscal year 2009 under each of
paragraphs (2), (3), (5), (6), and (8) through (25) of
subsection (a).''; and
(3) in subsection (d)--
(A) by striking ``2009'' and inserting ``2010''; and
(B) by striking ``2010'' and inserting ``2011''.
SEC. 538. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--Section 8003(a) of SAFETEA-LU (2
U.S.C. 901 note; 119 Stat. 1917) is amended--
(1) in paragraph (6) by striking ``for the period beginning
on October 1, 2009, and ending on September 30, 2010,'' and
inserting ``for fiscal year 2010,''; and
(2) by striking paragraph (7) and inserting the following:
``(7) for fiscal year 2011, $42,469,970,178.''.
(b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU
(2 U.S.C. 901 note; 119 Stat. 1917) is amended--
(1) in paragraph (6) by striking ``for the period beginning
on October 1, 2009, and ending on December 31, 2010,'' and
inserting ``for fiscal year 2010,''; and
(2) by striking paragraph (7) and inserting the following:
``(7) for fiscal year 2011, $10,338,065,000.''.
Subtitle D--Extension of Expenditure Authority
SEC. 541. EXTENSION OF EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``December 31, 2010 (January 1, 2011, in
the case of expenditures for administrative expenses)'' in
subsections (b)(6)(B) and (c)(1) and inserting ``October 1,
2011'',
(2) by striking ``the Surface Transportation Extension Act
of 2010'' in subsections (c)(1) and (e)(3) and inserting
``the Surface Transportation Extension Act of 2010, Part
II'', and
(3) by striking ``January 1, 2011'' in subsection (e)(3)
and inserting ``October 1, 2011''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Surface Transportation Extension Act of
2010'' each place it appears in subsection (b)(2) and
inserting ``Surface Transportation Extension Act of 2010,
Part II'', and
(2) by striking ``January 1, 2011'' in subsection (d)(2)
and inserting ``October 1, 2011''.
(c) Effective Date.--The amendments made by this section
shall take effect on December 31, 2010.
TITLE VI--EXTENSION OF AVIATION PROGRAMS
SECTION 601. SHORT TITLE.
This title may be cited as the ``Airport and Airway
Extension Act of 2010, Part IV''.
SEC. 602. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of
the Internal Revenue Code of 1986 is amended by striking
``December 31, 2010'' and inserting ``September 30, 2011''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking
``December 31, 2010'' and inserting ``September 30, 2011''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``December 31, 2010'' and
inserting ``September 30, 2011''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2011.
SEC. 603. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURE AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2011'' and inserting ``October
1, 2011''; and
(2) by inserting ``or the Airport and Airway Extension Act
of 2010, Part IV'' before the semicolon at the end of
subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e)
of such Code is amended by striking ``January 1, 2011'' and
inserting ``October 1, 2011''.
[[Page S9221]]
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2011.
SEC. 604. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103(8) of
title 49, United States Code, is amended to read as follows:
``(8) $3,700,000,000 for fiscal year 2011.''.
(b) Project Grant Authority.--Section 47104(c) of such
title is amended by striking ``December 31, 2010,'' and
inserting ``September 30, 2011,''.
SEC. 605. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is
amended by striking ``January 1, 2011.'' and inserting
``October 1, 2011.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``December 31, 2010,'' and inserting
``September 30, 2011,''; and
(2) by striking ``March 31, 2011,'' and inserting
``December 31, 2011,''.
(c) Section 44303(b) of such title is amended by striking
``March 31, 2011,'' and inserting ``December 31, 2011,''.
(d) Section 47107(s)(3) of such title is amended by
striking ``January 1, 2011.'' and inserting ``October 1,
2011.''.
(e) Section 47115(j) of such title is amended by striking
``fiscal years 2004 through 2010, and for the portion of
fiscal year 2011 ending before January 1, 2011,'' and
inserting ``fiscal years 2004 through 2011,''.
(f) Section 47141(f) of such title is amended by striking
``December 31, 2010.'' and inserting ``September 30, 2011.''.
(g) Section 49108 of such title is amended by striking
``December 31, 2010,'' and inserting ``September 30, 2011,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by
striking ``fiscal year 2009 or 2010, or in the portion of
fiscal year 2011 ending before January 1, 2011,'' and
inserting ``fiscal year 2009, 2010, or 2011''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended
by striking ``for fiscal years ending before October 1, 2010,
and for the portion of fiscal year 2011 ending before January
1, 2011,'' and inserting ``for fiscal years ending before
October 1, 2011,''.
(j) The amendments made by this section shall take effect
on January 1, 2011.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2011''.
DIVISION M--FOOD SAFETY
SEC. 6001. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``FDA
Food Safety Modernization Act''.
(b) References.--Except as otherwise specified, whenever in
this division an amendment is expressed in terms of an
amendment to a section or other provision, the reference
shall be considered to be made to a section or other
provision of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.).
(c) Table of Contents.--The table of contents for this
division is as follows:
DIVISION D--FOOD SAFETY
Sec. 6001. Short title; references; table of contents.
TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS
Sec. 6101. Inspections of records.
Sec. 6102. Registration of food facilities.
Sec. 6103. Hazard analysis and risk-based preventive controls.
Sec. 6104. Performance standards.
Sec. 6105. Standards for produce safety.
Sec. 6106. Protection against intentional adulteration.
Sec. 6107. Authority to collect fees.
Sec. 6108. National agriculture and food defense strategy.
Sec. 6109. Food and Agriculture Coordinating Councils.
Sec. 6110. Building domestic capacity.
Sec. 6111. Sanitary transportation of food.
Sec. 6112. Food allergy and anaphylaxis management.
Sec. 6113. New dietary ingredients.
Sec. 6114. Requirement for guidance relating to post-harvest processing
of raw oysters.
Sec. 6115. Port shopping.
Sec. 6116. Alcohol-related facilities.
TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY
PROBLEMS
Sec. 6201. Targeting of inspection resources for domestic facilities,
foreign facilities, and ports of entry; annual report.
Sec. 6202. Laboratory accreditation for analyses of foods.
Sec. 6203. Integrated consortium of laboratory networks.
Sec. 6204. Enhancing tracking and tracing of food and recordkeeping.
Sec. 6205. Surveillance.
Sec. 6206. Mandatory recall authority.
Sec. 6207. Administrative detention of food.
Sec. 6208. Decontamination and disposal standards and plans.
Sec. 6209. Improving the training of State, local, territorial, and
tribal food safety officials.
Sec. 6210. Enhancing food safety.
Sec. 6211. Improving the reportable food registry.
TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD
Sec. 6301. Foreign supplier verification program.
Sec. 6302. Voluntary qualified importer program.
Sec. 6303. Authority to require import certifications for food.
Sec. 6304. Prior notice of imported food shipments.
Sec. 6305. Building capacity of foreign governments with respect to
food safety.
Sec. 6306. Inspection of foreign food facilities.
Sec. 6307. Accreditation of third-party auditors.
Sec. 6308. Foreign offices of the Food and Drug Administration.
Sec. 6309. Smuggled food.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 6401. Funding for food safety.
Sec. 6402. Employee protections.
Sec. 6403. Jurisdiction; authorities.
Sec. 6404. Compliance with international agreements.
Sec. 6405. Determination of budgetary effects.
TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS
SEC. 6101. INSPECTIONS OF RECORDS.
(a) In General.--Section 414(a) (21 U.S.C. 350c(a)) is
amended--
(1) by striking the subsection heading and all that follows
through ``of food is'' and inserting the following: ``Records
Inspection.--
``(1) Adulterated food.--If the Secretary has a reasonable
belief that an article of food, and any other article of food
that the Secretary reasonably believes is likely to be
affected in a similar manner, is'';
(2) by inserting ``, and to any other article of food that
the Secretary reasonably believes is likely to be affected in
a similar manner,'' after ``relating to such article'';
(3) by striking the last sentence; and
(4) by inserting at the end the following:
``(2) Use of or exposure to food of concern.--If the
Secretary believes that there is a reasonable probability
that the use of or exposure to an article of food, and any
other article of food that the Secretary reasonably believes
is likely to be affected in a similar manner, will cause
serious adverse health consequences or death to humans or
animals, each person (excluding farms and restaurants) who
manufactures, processes, packs, distributes, receives, holds,
or imports such article shall, at the request of an officer
or employee duly designated by the Secretary, permit such
officer or employee, upon presentation of appropriate
credentials and a written notice to such person, at
reasonable times and within reasonable limits and in a
reasonable manner, to have access to and copy all records
relating to such article and to any other article of food
that the Secretary reasonably believes is likely to be
affected in a similar manner, that are needed to assist the
Secretary in determining whether there is a reasonable
probability that the use of or exposure to the food will
cause serious adverse health consequences or death to humans
or animals.
``(3) Application.--The requirement under paragraphs (1)
and (2) applies to all records relating to the manufacture,
processing, packing, distribution, receipt, holding, or
importation of such article maintained by or on behalf of
such person in any format (including paper and electronic
formats) and at any location.''.
(b) Conforming Amendment.--Section 704(a)(1)(B) (21 U.S.C.
374(a)(1)(B)) is amended by striking ``section 414 when'' and
all that follows through ``subject to'' and inserting
``section 414, when the standard for records inspection under
paragraph (1) or (2) of section 414(a) applies, subject to''.
SEC. 6102. REGISTRATION OF FOOD FACILITIES.
(a) Updating of Food Category Regulations; Biennial
Registration Renewal.--Section 415(a) (21 U.S.C. 350d(a)) is
amended--
(1) in paragraph (2), by--
(A) striking ``conducts business and'' and inserting
``conducts business, the e-mail address for the contact
person of the facility or, in the case of a foreign facility,
the United States agent for the facility, and''; and
(B) inserting ``, or any other food categories as
determined appropriate by the Secretary, including by
guidance'' after ``Code of Federal Regulations'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Biennial registration renewal.--During the period
beginning on October 1 and ending on December 31 of each
even-numbered year, a registrant that has submitted a
registration under paragraph (1) shall submit to the
Secretary a renewal registration containing the information
described in paragraph (2). The Secretary shall provide for
an abbreviated registration renewal process for any
registrant that has not had any changes to such information
since the registrant submitted the preceding registration or
registration renewal for the facility involved.''.
(b) Suspension of Registration.--
(1) In general.--Section 415 (21 U.S.C. 350d) is amended--
(A) in subsection (a)(2), by inserting after the first
sentence the following: ``The registration shall contain an
assurance that the Secretary will be permitted to inspect
such facility at the times and in the manner permitted by
this Act.'';
[[Page S9222]]
(B) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(C) by inserting after subsection (a) the following:
``(b) Suspension of Registration.--
``(1) In general.--If the Secretary determines that food
manufactured, processed, packed, received, or held by a
facility registered under this section has a reasonable
probability of causing serious adverse health consequences or
death to humans or animals, the Secretary may by order
suspend the registration of a facility--
``(A) that created, caused, or was otherwise responsible
for such reasonable probability; or
``(B)(i) that knew of, or had reason to know of, such
reasonable probability; and
``(ii) packed, received, or held such food.
``(2) Hearing on suspension.--The Secretary shall provide
the registrant subject to an order under paragraph (1) with
an opportunity for an informal hearing, to be held as soon as
possible but not later than 2 business days after the
issuance of the order or such other time period, as agreed
upon by the Secretary and the registrant, on the actions
required for reinstatement of registration and why the
registration that is subject to suspension should be
reinstated. The Secretary shall reinstate a registration if
the Secretary determines, based on evidence presented, that
adequate grounds do not exist to continue the suspension of
the registration.
``(3) Post-hearing corrective action plan; vacating of
order.--
``(A) Corrective action plan.--If, after providing
opportunity for an informal hearing under paragraph (2), the
Secretary determines that the suspension of registration
remains necessary, the Secretary shall require the registrant
to submit a corrective action plan to demonstrate how the
registrant plans to correct the conditions found by the
Secretary. The Secretary shall review such plan not later
than 14 days after the submission of the corrective action
plan or such other time period as determined by the
Secretary.
``(B) Vacating of order.--Upon a determination by the
Secretary that adequate grounds do not exist to continue the
suspension actions required by the order, or that such
actions should be modified, the Secretary shall promptly
vacate the order and reinstate the registration of the
facility subject to the order or modify the order, as
appropriate.
``(4) Effect of suspension.--If the registration of a
facility is suspended under this subsection, no person shall
import or export food into the United States from such
facility, offer to import or export food into the United
States from such facility, or otherwise introduce food from
such facility into interstate or intrastate commerce in the
United States.
``(5) Regulations.--
``(A) In general.--The Secretary shall promulgate
regulations to implement this subsection. The Secretary may
promulgate such regulations on an interim final basis.
``(B) Registration requirement.--The Secretary may require
that registration under this section be submitted in an
electronic format. Such requirement may not take effect
before the date that is 5 years after the date of enactment
of the FDA Food Safety Modernization Act.
``(6) Application date.--Facilities shall be subject to the
requirements of this subsection beginning on the earlier of--
``(A) the date on which the Secretary issues regulations
under paragraph (5); or
``(B) 180 days after the date of enactment of the FDA Food
Safety Modernization Act.
``(7) No delegation.--The authority conferred by this
subsection to issue an order to suspend a registration or
vacate an order of suspension shall not be delegated to any
officer or employee other than the Commissioner.''.
(2) Small entity compliance policy guide.--Not later than
180 days after the issuance of the regulations promulgated
under section 415(b)(5) of the Federal Food, Drug, and
Cosmetic Act (as added by this section), the Secretary shall
issue a small entity compliance policy guide setting forth in
plain language the requirements of such regulations to assist
small entities in complying with registration requirements
and other activities required under such section.
(3) Imported food.--Section 801(l) (21 U.S.C. 381(l)) is
amended by inserting ``(or for which a registration has been
suspended under such section)'' after ``section 415''.
(c) Clarification of Intent.--
(1) Retail food establishment.--The Secretary shall amend
the definition of the term ``retail food establishment'' in
section 1.227(b)(11) of title 21, Code of Federal Regulations
to clarify that, in determining the primary function of an
establishment or a retail food establishment under such
section, the sale of food products directly to consumers by
such establishment and the sale of food directly to consumers
by such retail food establishment include--
(A) the sale of such food products or food directly to
consumers by such establishment at a roadside stand or
farmers' market where such stand or market is located other
than where the food was manufactured or processed;
(B) the sale and distribution of such food through a
community supported agriculture program; and
(C) the sale and distribution of such food at any other
such direct sales platform as determined by the Secretary.
(2) Definitions.--For purposes of paragraph (1)--
(A) the term ``community supported agriculture program''
has the same meaning given the term ``community supported
agriculture (CSA) program'' in section 249.2 of title 7, Code
of Federal Regulations (or any successor regulation); and
(B) the term ``consumer'' does not include a business.
(d) Conforming Amendments.--
(1) Section 301(d) (21 U.S.C. 331(d)) is amended by
inserting ``415,'' after ``404,''.
(2) Section 415(d), as redesignated by subsection (b), is
amended by adding at the end before the period ``for a
facility to be registered, except with respect to the
reinstatement of a registration that is suspended under
subsection (b)''.
SEC. 6103. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE
CONTROLS.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.) is
amended by adding at the end the following:
``SEC. 418. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE
CONTROLS.
``(a) In General.--The owner, operator, or agent in charge
of a facility shall, in accordance with this section,
evaluate the hazards that could affect food manufactured,
processed, packed, or held by such facility, identify and
implement preventive controls to significantly minimize or
prevent the occurrence of such hazards and provide assurances
that such food is not adulterated under section 402 or
misbranded under section 403(w), monitor the performance of
those controls, and maintain records of this monitoring as a
matter of routine practice.
``(b) Hazard Analysis.--The owner, operator, or agent in
charge of a facility shall--
``(1) identify and evaluate known or reasonably foreseeable
hazards that may be associated with the facility, including--
``(A) biological, chemical, physical, and radiological
hazards, natural toxins, pesticides, drug residues,
decomposition, parasites, allergens, and unapproved food and
color additives; and
``(B) hazards that occur naturally, or may be
unintentionally introduced; and
``(2) identify and evaluate hazards that may be
intentionally introduced, including by acts of terrorism; and
``(3) develop a written analysis of the hazards.
``(c) Preventive Controls.--The owner, operator, or agent
in charge of a facility shall identify and implement
preventive controls, including at critical control points, if
any, to provide assurances that--
``(1) hazards identified in the hazard analysis conducted
under subsection (b)(1) will be significantly minimized or
prevented;
``(2) any hazards identified in the hazard analysis
conducted under subsection (b)(2) will be significantly
minimized or prevented and addressed, consistent with section
420, as applicable; and
``(3) the food manufactured, processed, packed, or held by
such facility will not be adulterated under section 402 or
misbranded under section 403(w).
``(d) Monitoring of Effectiveness.--The owner, operator, or
agent in charge of a facility shall monitor the effectiveness
of the preventive controls implemented under subsection (c)
to provide assurances that the outcomes described in
subsection (c) shall be achieved.
``(e) Corrective Actions.--The owner, operator, or agent in
charge of a facility shall establish procedures to ensure
that, if the preventive controls implemented under subsection
(c) are not properly implemented or are found to be
ineffective--
``(1) appropriate action is taken to reduce the likelihood
of recurrence of the implementation failure;
``(2) all affected food is evaluated for safety; and
``(3) all affected food is prevented from entering into
commerce if the owner, operator, or agent in charge of such
facility cannot ensure that the affected food is not
adulterated under section 402 or misbranded under section
403(w).
``(f) Verification.--The owner, operator, or agent in
charge of a facility shall verify that--
``(1) the preventive controls implemented under subsection
(c) are adequate to control the hazards identified under
subsection (b);
``(2) the owner, operator, or agent is conducting
monitoring in accordance with subsection (d);
``(3) the owner, operator, or agent is making appropriate
decisions about corrective actions taken under subsection
(e);
``(4) the preventive controls implemented under subsection
(c) are effectively and significantly minimizing or
preventing the occurrence of identified hazards, including
through the use of environmental and product testing programs
and other appropriate means; and
``(5) there is documented, periodic reanalysis of the plan
under subsection (i) to ensure that the plan is still
relevant to the raw materials, conditions, and processes in
the facility, and new and emerging threats.
``(g) Recordkeeping.--The owner, operator, or agent in
charge of a facility shall maintain, for not less than 2
years, records documenting the monitoring of the preventive
controls implemented under subsection (c), instances of
nonconformance material to food safety, the results of
testing and other appropriate means of verification under
subsection (f)(4), instances when corrective actions were
implemented, and the efficacy of preventive controls and
corrective actions.
[[Page S9223]]
``(h) Written Plan and Documentation.--The owner, operator,
or agent in charge of a facility shall prepare a written plan
that documents and describes the procedures used by the
facility to comply with the requirements of this section,
including analyzing the hazards under subsection (b) and
identifying the preventive controls adopted under subsection
(c) to address those hazards. Such written plan, together
with the documentation described in subsection (g), shall be
made promptly available to a duly authorized representative
of the Secretary upon oral or written request.
``(i) Requirement To Reanalyze.--The owner, operator, or
agent in charge of a facility shall conduct a reanalysis
under subsection (b) whenever a significant change is made in
the activities conducted at a facility operated by such
owner, operator, or agent if the change creates a reasonable
potential for a new hazard or a significant increase in a
previously identified hazard or not less frequently than once
every 3 years, whichever is earlier. Such reanalysis shall be
completed and additional preventive controls needed to
address the hazard identified, if any, shall be implemented
before the change in activities at the facility is operative.
Such owner, operator, or agent shall revise the written plan
required under subsection (h) if such a significant change is
made or document the basis for the conclusion that no
additional or revised preventive controls are needed. The
Secretary may require a reanalysis under this section to
respond to new hazards and developments in scientific
understanding, including, as appropriate, results from the
Department of Homeland Security biological, chemical,
radiological, or other terrorism risk assessment.
``(j) Exemption for Seafood, Juice, and Low-acid Canned
Food Facilities Subject to HACCP.--
``(1) In general.--This section shall not apply to a
facility if the owner, operator, or agent in charge of such
facility is required to comply with, and is in compliance
with, 1 of the following standards and regulations with
respect to such facility:
``(A) The Seafood Hazard Analysis Critical Control Points
Program of the Food and Drug Administration.
``(B) The Juice Hazard Analysis Critical Control Points
Program of the Food and Drug Administration.
``(C) The Thermally Processed Low-Acid Foods Packaged in
Hermetically Sealed Containers standards of the Food and Drug
Administration (or any successor standards).
``(2) Applicability.--The exemption under paragraph (1)(C)
shall apply only with respect to microbiological hazards that
are regulated under the standards for Thermally Processed
Low-Acid Foods Packaged in Hermetically Sealed Containers
under part 113 of chapter 21, Code of Federal Regulations (or
any successor regulations).
``(k) Exception for Activities of Facilities Subject to
Section 419.--This section shall not apply to activities of a
facility that are subject to section 419.
``(l) Modified Requirements for Qualified Facilities.--
``(1) Qualified facilities.--
``(A) In general.--A facility is a qualified facility for
purposes of this subsection if the facility meets the
conditions under subparagraph (B) or (C).
``(B) Very small business.--A facility is a qualified
facility under this subparagraph--
``(i) if the facility, including any subsidiary or
affiliate of the facility, is, collectively, a very small
business (as defined in the regulations promulgated under
subsection (n)); and
``(ii) in the case where the facility is a subsidiary or
affiliate of an entity, if such subsidiaries or affiliates,
are, collectively, a very small business (as so defined).
``(C) Limited annual monetary value of sales.--
``(i) In general.--A facility is a qualified facility under
this subparagraph if clause (ii) applies--
``(I) to the facility, including any subsidiary or
affiliate of the facility, collectively; and
``(II) to the subsidiaries or affiliates, collectively, of
any entity of which the facility is a subsidiary or
affiliate.
``(ii) Average annual monetary value.--This clause applies
if--
``(I) during the 3-year period preceding the applicable
calendar year, the average annual monetary value of the food
manufactured, processed, packed, or held at such facility (or
the collective average annual monetary value of such food at
any subsidiary or affiliate, as described in clause (i)) that
is sold directly to qualified end-users during such period
exceeded the average annual monetary value of the food
manufactured, processed, packed, or held at such facility (or
the collective average annual monetary value of such food at
any subsidiary or affiliate, as so described) sold by such
facility (or collectively by any such subsidiary or
affiliate) to all other purchasers during such period; and
``(II) the average annual monetary value of all food sold
by such facility (or the collective average annual monetary
value of such food sold by any subsidiary or affiliate, as
described in clause (i)) during such period was less than
$500,000, adjusted for inflation.
``(2) Exemption.--A qualified facility--
``(A) shall not be subject to the requirements under
subsections (a) through (i) and subsection (n) in an
applicable calendar year; and
``(B) shall submit to the Secretary--
``(i)(I) documentation that demonstrates that the owner,
operator, or agent in charge of the facility has identified
potential hazards associated with the food being produced, is
implementing preventive controls to address the hazards, and
is monitoring the preventive controls to ensure that such
controls are effective; or
``(II) documentation (which may include licenses,
inspection reports, certificates, permits, credentials,
certification by an appropriate agency (such as a State
department of agriculture), or other evidence of oversight),
as specified by the Secretary, that the facility is in
compliance with State, local, county, or other applicable
non-Federal food safety law; and
``(ii) documentation, as specified by the Secretary in a
guidance document issued not later than 1 year after the date
of enactment of this section, that the facility is a
qualified facility under paragraph (1)(B) or (1)(C).
``(3) Withdrawal; rule of construction.--
``(A) In general.--In the event of an active investigation
of a foodborne illness outbreak that is directly linked to a
qualified facility subject to an exemption under this
subsection, or if the Secretary determines that it is
necessary to protect the public health and prevent or
mitigate a foodborne illness outbreak based on conduct or
conditions associated with a qualified facility that are
material to the safety of the food manufactured, processed,
packed, or held at such facility, the Secretary may withdraw
the exemption provided to such facility under this
subsection.
``(B) Rule of construction.--Nothing in this subsection
shall be construed to expand or limit the inspection
authority of the Secretary.
``(4) Definitions.--In this subsection:
``(A) Affiliate.--The term `affiliate' means any facility
that controls, is controlled by, or is under common control
with another facility.
``(B) Qualified end-user.--The term `qualified end-user',
with respect to a food, means--
``(i) the consumer of the food; or
``(ii) a restaurant or retail food establishment (as those
terms are defined by the Secretary for purposes of section
415) that--
``(I) is located--
``(aa) in the same State as the qualified facility that
sold the food to such restaurant or establishment; or
``(bb) not more than 275 miles from such facility; and
``(II) is purchasing the food for sale directly to
consumers at such restaurant or retail food establishment.
``(C) Consumer.--For purposes of subparagraph (B), the term
`consumer' does not include a business.
``(D) Subsidiary.--The term `subsidiary' means any company
which is owned or controlled directly or indirectly by
another company.
``(5) Study.--
``(A) In general.--The Secretary, in consultation with the
Secretary of Agriculture, shall conduct a study of the food
processing sector regulated by the Secretary to determine--
``(i) the distribution of food production by type and size
of operation, including monetary value of food sold;
``(ii) the proportion of food produced by each type and
size of operation;
``(iii) the number and types of food facilities co-located
on farms, including the number and proportion by commodity
and by manufacturing or processing activity;
``(iv) the incidence of foodborne illness originating from
each size and type of operation and the type of food
facilities for which no reported or known hazard exists; and
``(v) the effect on foodborne illness risk associated with
commingling, processing, transporting, and storing food and
raw agricultural commodities, including differences in risk
based on the scale and duration of such activities.
``(B) Size.--The results of the study conducted under
subparagraph (A) shall include the information necessary to
enable the Secretary to define the terms `small business' and
`very small business', for purposes of promulgating the
regulation under subsection (n). In defining such terms, the
Secretary shall include consideration of harvestable acres,
income, the number of employees, and the volume of food
harvested.
``(C) Submission of report.--Not later than 18 months after
the date of enactment the FDA Food Safety Modernization Act,
the Secretary shall submit to Congress a report that
describes the results of the study conducted under
subparagraph (A).
``(6) No preemption.--Nothing in this subsection preempts
State, local, county, or other non-Federal law regarding the
safe production of food. Compliance with this subsection
shall not relieve any person from liability at common law or
under State statutory law.
``(7) Notification to consumers.--
``(A) In general.--A qualified facility that is exempt from
the requirements under subsections (a) through (i) and
subsection (n) and does not prepare documentation under
paragraph (2)(B)(i)(I) shall--
``(i) with respect to a food for which a food packaging
label is required by the Secretary under any other provision
of this Act, include prominently and conspicuously on such
label the name and business address of the facility where the
food was manufactured or processed; or
``(ii) with respect to a food for which a food packaging
label is not required by the Secretary under any other
provisions of this Act, prominently and conspicuously
display,
[[Page S9224]]
at the point of purchase, the name and business address of
the facility where the food was manufactured or processed, on
a label, poster, sign, placard, or documents delivered
contemporaneously with the food in the normal course of
business, or, in the case of Internet sales, in an electronic
notice.
``(B) No additional label.--Subparagraph (A) does not
provide authority to the Secretary to require a label that is
in addition to any label required under any other provision
of this Act.
``(m) Authority With Respect to Certain Facilities.--The
Secretary may, by regulation, exempt or modify the
requirements for compliance under this section with respect
to facilities that are solely engaged in the production of
food for animals other than man, the storage of raw
agricultural commodities (other than fruits and vegetables)
intended for further distribution or processing, or the
storage of packaged foods that are not exposed to the
environment.
``(n) Regulations.--
``(1) In general.--Not later than 18 months after the date
of enactment of the FDA Food Safety Modernization Act, the
Secretary shall promulgate regulations--
``(A) to establish science-based minimum standards for
conducting a hazard analysis, documenting hazards,
implementing preventive controls, and documenting the
implementation of the preventive controls under this section;
and
``(B) to define, for purposes of this section, the terms
`small business' and `very small business', taking into
consideration the study described in subsection (l)(5).
``(2) Coordination.--In promulgating the regulations under
paragraph (1)(A), with regard to hazards that may be
intentionally introduced, including by acts of terrorism, the
Secretary shall coordinate with the Secretary of Homeland
Security, as appropriate.
``(3) Content.--The regulations promulgated under paragraph
(1)(A) shall--
``(A) provide sufficient flexibility to be practicable for
all sizes and types of facilities, including small businesses
such as a small food processing facility co-located on a
farm;
``(B) comply with chapter 35 of title 44, United States
Code (commonly known as the `Paperwork Reduction Act'), with
special attention to minimizing the burden (as defined in
section 3502(2) of such Act) on the facility, and collection
of information (as defined in section 3502(3) of such Act),
associated with such regulations;
``(C) acknowledge differences in risk and minimize, as
appropriate, the number of separate standards that apply to
separate foods; and
``(D) not require a facility to hire a consultant or other
third party to identify, implement, certify, or audit
preventative controls, except in the case of negotiated
enforcement resolutions that may require such a consultant or
third party.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to provide the Secretary with the
authority to prescribe specific technologies, practices, or
critical controls for an individual facility.
``(5) Review.--In promulgating the regulations under
paragraph (1)(A), the Secretary shall review regulatory
hazard analysis and preventive control programs in existence
on the date of enactment of the FDA Food Safety Modernization
Act, including the Grade `A' Pasteurized Milk Ordinance to
ensure that such regulations are consistent, to the extent
practicable, with applicable domestic and internationally
recognized standards in existence on such date.
``(o) Definitions.--For purposes of this section:
``(1) Critical control point.--The term `critical control
point' means a point, step, or procedure in a food process at
which control can be applied and is essential to prevent or
eliminate a food safety hazard or reduce such hazard to an
acceptable level.
``(2) Facility.--The term `facility' means a domestic
facility or a foreign facility that is required to register
under section 415.
``(3) Preventive controls.--The term `preventive controls'
means those risk-based, reasonably appropriate procedures,
practices, and processes that a person knowledgeable about
the safe manufacturing, processing, packing, or holding of
food would employ to significantly minimize or prevent the
hazards identified under the hazard analysis conducted under
subsection (b) and that are consistent with the current
scientific understanding of safe food manufacturing,
processing, packing, or holding at the time of the analysis.
Those procedures, practices, and processes may include the
following:
``(A) Sanitation procedures for food contact surfaces and
utensils and food-contact surfaces of equipment.
``(B) Supervisor, manager, and employee hygiene training.
``(C) An environmental monitoring program to verify the
effectiveness of pathogen controls in processes where a food
is exposed to a potential contaminant in the environment.
``(D) A food allergen control program.
``(E) A recall plan.
``(F) Current Good Manufacturing Practices (cGMPs) under
part 110 of title 21, Code of Federal Regulations (or any
successor regulations).
``(G) Supplier verification activities that relate to the
safety of food.''.
(b) Guidance Document.--The Secretary shall issue a
guidance document related to the regulations promulgated
under subsection (b)(1) with respect to the hazard analysis
and preventive controls under section 418 of the Federal
Food, Drug, and Cosmetic Act (as added by subsection (a)).
(c) Rulemaking.--
(1) Proposed rulemaking.--
(A) In general.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the
``Secretary'') shall publish a notice of proposed rulemaking
in the Federal Register to promulgate regulations with
respect to--
(i) activities that constitute on-farm packing or holding
of food that is not grown, raised, or consumed on such farm
or another farm under the same ownership for purposes of
section 415 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 350d), as amended by this Act; and
(ii) activities that constitute on-farm manufacturing or
processing of food that is not consumed on that farm or on
another farm under common ownership for purposes of such
section 415.
(B) Clarification.--The rulemaking described under
subparagraph (A) shall enhance the implementation of such
section 415 and clarify the activities that are included as
part of the definition of the term ``facility'' under such
section 415. Nothing in this Act authorizes the Secretary to
modify the definition of the term ``facility'' under such
section.
(C) Science-based risk analysis.--In promulgating
regulations under subparagraph (A), the Secretary shall
conduct a science-based risk analysis of--
(i) specific types of on-farm packing or holding of food
that is not grown, raised, or consumed on such farm or
another farm under the same ownership, as such packing and
holding relates to specific foods; and
(ii) specific on-farm manufacturing and processing
activities as such activities relate to specific foods that
are not consumed on that farm or on another farm under common
ownership.
(D) Authority with respect to certain facilities.--
(i) In general.--In promulgating the regulations under
subparagraph (A), the Secretary shall consider the results of
the science-based risk analysis conducted under subparagraph
(C), and shall exempt certain facilities from the
requirements in section 418 of the Federal Food, Drug, and
Cosmetic Act (as added by this section), including hazard
analysis and preventive controls, and the mandatory
inspection frequency in section 421 of such Act (as added by
section 6201), or modify the requirements in such sections
418 or 421, as the Secretary determines appropriate, if such
facilities are engaged only in specific types of on-farm
manufacturing, processing, packing, or holding activities
that the Secretary determines to be low risk involving
specific foods the Secretary determines to be low risk.
(ii) Limitation.--The exemptions or modifications under
clause (i) shall not include an exemption from the
requirement to register under section 415 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350d), as amended by
this Act, if applicable, and shall apply only to small
businesses and very small businesses, as defined in the
regulation promulgated under section 418(n) of the Federal
Food, Drug, and Cosmetic Act (as added under subsection (a)).
(2) Final regulations.--Not later than 9 months after the
close of the comment period for the proposed rulemaking under
paragraph (1), the Secretary shall adopt final rules with
respect to--
(A) activities that constitute on-farm packing or holding
of food that is not grown, raised, or consumed on such farm
or another farm under the same ownership for purposes of
section 415 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 350d), as amended by this Act;
(B) activities that constitute on-farm manufacturing or
processing of food that is not consumed on that farm or on
another farm under common ownership for purposes of such
section 415; and
(C) the requirements under sections 418 and 421 of the
Federal Food, Drug, and Cosmetic Act, as added by this Act,
from which the Secretary may issue exemptions or
modifications of the requirements for certain types of
facilities.
(d) Small Entity Compliance Policy Guide.--Not later than
180 days after the issuance of the regulations promulgated
under subsection (n) of section 418 of the Federal Food,
Drug, and Cosmetic Act (as added by subsection (a)), the
Secretary shall issue a small entity compliance policy guide
setting forth in plain language the requirements of such
section 418 and this section to assist small entities in
complying with the hazard analysis and other activities
required under such section 418 and this section.
(e) Prohibited Acts.--Section 301 (21 U.S.C. 331) is
amended by adding at the end the following:
``(uu) The operation of a facility that manufactures,
processes, packs, or holds food for sale in the United States
if the owner, operator, or agent in charge of such facility
is not in compliance with section 418.''.
(f) No Effect on HACCP Authorities.--Nothing in the
amendments made by this section limits the authority of the
Secretary under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) or the Public Health Service Act (42
U.S.C. 201 et seq.) to revise, issue, or enforce Hazard
Analysis Critical Control programs and the Thermally
[[Page S9225]]
Processed Low-Acid Foods Packaged in Hermetically Sealed
Containers standards.
(g) Dietary Supplements.--Nothing in the amendments made by
this section shall apply to any facility with regard to the
manufacturing, processing, packing, or holding of a dietary
supplement that is in compliance with the requirements of
sections 402(g)(2) and 761 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342(g)(2), 379aa-1).
(h) Updating Guidance Relating to Fish and Fisheries
Products Hazards and Controls.--The Secretary shall, not
later than 180 days after the date of enactment of this Act,
update the Fish and Fisheries Products Hazards and Control
Guidance to take into account advances in technology that
have occurred since the previous publication of such Guidance
by the Secretary.
(i) Effective Dates.--
(1) General rule.--The amendments made by this section
shall take effect 18 months after the date of enactment of
this Act.
(2) Flexibility for small businesses.--Notwithstanding
paragraph (1)--
(A) the amendments made by this section shall apply to a
small business (as defined in the regulations promulgated
under section 418(n) of the Federal Food, Drug, and Cosmetic
Act (as added by this section)) beginning on the date that is
6 months after the effective date of such regulations; and
(B) the amendments made by this section shall apply to a
very small business (as defined in such regulations)
beginning on the date that is 18 months after the effective
date of such regulations.
SEC. 6104. PERFORMANCE STANDARDS.
(a) In General.--The Secretary shall, in coordination with
the Secretary of Agriculture, not less frequently than every
2 years, review and evaluate relevant health data and other
relevant information, including from toxicological and
epidemiological studies and analyses, current Good
Manufacturing Practices issued by the Secretary relating to
food, and relevant recommendations of relevant advisory
committees, including the Food Advisory Committee, to
determine the most significant foodborne contaminants.
(b) Guidance Documents and Regulations.--Based on the
review and evaluation conducted under subsection (a), and
when appropriate to reduce the risk of serious illness or
death to humans or animals or to prevent adulteration of the
food under section 402 of the Federal Food, Drug, or Cosmetic
Act (21 U.S.C. 342) or to prevent the spread by food of
communicable disease under section 361 of the Public Health
Service Act (42 U.S.C. 264), the Secretary shall issue
contaminant-specific and science-based guidance documents,
including guidance documents regarding action levels, or
regulations. Such guidance, including guidance regarding
action levels, or regulations--
(1) shall apply to products or product classes;
(2) shall, where appropriate, differentiate between food
for human consumption and food intended for consumption by
animals other than humans; and
(3) shall not be written to be facility-specific.
(c) No Duplication of Efforts.--The Secretary shall
coordinate with the Secretary of Agriculture to avoid issuing
duplicative guidance on the same contaminants.
(d) Review.--The Secretary shall periodically review and
revise, as appropriate, the guidance documents, including
guidance documents regarding action levels, or regulations
promulgated under this section.
SEC. 6105. STANDARDS FOR PRODUCE SAFETY.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6103, is amended by adding at the end the
following:
``SEC. 419. STANDARDS FOR PRODUCE SAFETY.
``(a) Proposed Rulemaking.--
``(1) In general.--
``(A) Rulemaking.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary, in coordination with the Secretary of Agriculture
and representatives of State departments of agriculture
(including with regard to the national organic program
established under the Organic Foods Production Act of 1990),
and in consultation with the Secretary of Homeland Security,
shall publish a notice of proposed rulemaking to establish
science-based minimum standards for the safe production and
harvesting of those types of fruits and vegetables, including
specific mixes or categories of fruits and vegetables, that
are raw agricultural commodities for which the Secretary has
determined that such standards minimize the risk of serious
adverse health consequences or death.
``(B) Determination by secretary.--With respect to small
businesses and very small businesses (as such terms are
defined in the regulation promulgated under subparagraph (A))
that produce and harvest those types of fruits and vegetables
that are raw agricultural commodities that the Secretary has
determined are low risk and do not present a risk of serious
adverse health consequences or death, the Secretary may
determine not to include production and harvesting of such
fruits and vegetables in such rulemaking, or may modify the
applicable requirements of regulations promulgated pursuant
to this section.
``(2) Public input.--During the comment period on the
notice of proposed rulemaking under paragraph (1), the
Secretary shall conduct not less than 3 public meetings in
diverse geographical areas of the United States to provide
persons in different regions an opportunity to comment.
``(3) Content.--The proposed rulemaking under paragraph (1)
shall--
``(A) provide sufficient flexibility to be applicable to
various types of entities engaged in the production and
harvesting of fruits and vegetables that are raw agricultural
commodities, including small businesses and entities that
sell directly to consumers, and be appropriate to the scale
and diversity of the production and harvesting of such
commodities;
``(B) include, with respect to growing, harvesting,
sorting, packing, and storage operations, science-based
minimum standards related to soil amendments, hygiene,
packaging, temperature controls, animals in the growing area,
and water;
``(C) consider hazards that occur naturally, may be
unintentionally introduced, or may be intentionally
introduced, including by acts of terrorism;
``(D) take into consideration, consistent with ensuring
enforceable public health protection, conservation and
environmental practice standards and policies established by
Federal natural resource conservation, wildlife conservation,
and environmental agencies;
``(E) in the case of production that is certified organic,
not include any requirements that conflict with or duplicate
the requirements of the national organic program established
under the Organic Foods Production Act of 1990, while
providing the same level of public health protection as the
requirements under guidance documents, including guidance
documents regarding action levels, and regulations under the
FDA Food Safety Modernization Act; and
``(F) define, for purposes of this section, the terms
`small business' and `very small business'.
``(4) Prioritization.--The Secretary shall prioritize the
implementation of the regulations under this section for
specific fruits and vegetables that are raw agricultural
commodities based on known risks which may include a history
and severity of foodborne illness outbreaks.
``(b) Final Regulation.--
``(1) In general.--Not later than 1 year after the close of
the comment period for the proposed rulemaking under
subsection (a), the Secretary shall adopt a final regulation
to provide for minimum science-based standards for those
types of fruits and vegetables, including specific mixes or
categories of fruits or vegetables, that are raw agricultural
commodities, based on known safety risks, which may include a
history of foodborne illness outbreaks.
``(2) Final regulation.--The final regulation shall--
``(A) provide for coordination of education and enforcement
activities by State and local officials, as designated by the
Governors of the respective States or the appropriate elected
State official as recognized by State statute; and
``(B) include a description of the variance process under
subsection (c) and the types of permissible variances the
Secretary may grant.
``(3) Flexibility for small businesses.--Notwithstanding
paragraph (1)--
``(A) the regulations promulgated under this section shall
apply to a small business (as defined in the regulation
promulgated under subsection (a)(1)) after the date that is 1
year after the effective date of the final regulation under
paragraph (1); and
``(B) the regulations promulgated under this section shall
apply to a very small business (as defined in the regulation
promulgated under subsection (a)(1)) after the date that is 2
years after the effective date of the final regulation under
paragraph (1).
``(c) Criteria.--
``(1) In general.--The regulations adopted under subsection
(b) shall--
``(A) set forth those procedures, processes, and practices
that the Secretary determines to minimize the risk of serious
adverse health consequences or death, including procedures,
processes, and practices that the Secretary determines to be
reasonably necessary to prevent the introduction of known or
reasonably foreseeable biological, chemical, and physical
hazards, including hazards that occur naturally, may be
unintentionally introduced, or may be intentionally
introduced, including by acts of terrorism, into fruits and
vegetables, including specific mixes or categories of fruits
and vegetables, that are raw agricultural commodities and to
provide reasonable assurances that the produce is not
adulterated under section 402;
``(B) provide sufficient flexibility to be practicable for
all sizes and types of businesses, including small businesses
such as a small food processing facility co-located on a
farm;
``(C) comply with chapter 35 of title 44, United States
Code (commonly known as the `Paperwork Reduction Act'), with
special attention to minimizing the burden (as defined in
section 3502(2) of such Act) on the business, and collection
of information (as defined in section 3502(3) of such Act),
associated with such regulations;
``(D) acknowledge differences in risk and minimize, as
appropriate, the number of separate standards that apply to
separate foods; and
``(E) not require a business to hire a consultant or other
third party to identify, implement, or certify compliance
with these procedures, processes, and practices, except in
the case of negotiated enforcement resolutions that may
require such a consultant or third party; and
[[Page S9226]]
``(F) permit States and foreign countries from which food
is imported into the United States to request from the
Secretary variances from the requirements of the regulations,
subject to paragraph (2), where the State or foreign country
determines that the variance is necessary in light of local
growing conditions and that the procedures, processes, and
practices to be followed under the variance are reasonably
likely to ensure that the produce is not adulterated under
section 402 and to provide the same level of public health
protection as the requirements of the regulations adopted
under subsection (b).
``(2) Variances.--
``(A) Requests for variances.--A State or foreign country
from which food is imported into the United States may in
writing request a variance from the Secretary. Such request
shall describe the variance requested and present information
demonstrating that the variance does not increase the
likelihood that the food for which the variance is requested
will be adulterated under section 402, and that the variance
provides the same level of public health protection as the
requirements of the regulations adopted under subsection (b).
The Secretary shall review such requests in a reasonable
timeframe.
``(B) Approval of variances.--The Secretary may approve a
variance in whole or in part, as appropriate, and may specify
the scope of applicability of a variance to other similarly
situated persons.
``(C) Denial of variances.--The Secretary may deny a
variance request if the Secretary determines that such
variance is not reasonably likely to ensure that the food is
not adulterated under section 402 and is not reasonably
likely to provide the same level of public health protection
as the requirements of the regulation adopted under
subsection (b). The Secretary shall notify the person
requesting such variance of the reasons for the denial.
``(D) Modification or revocation of a variance.--The
Secretary, after notice and an opportunity for a hearing, may
modify or revoke a variance if the Secretary determines that
such variance is not reasonably likely to ensure that the
food is not adulterated under section 402 and is not
reasonably likely to provide the same level of public health
protection as the requirements of the regulations adopted
under subsection (b).
``(d) Enforcement.--The Secretary may coordinate with the
Secretary of Agriculture and, as appropriate, shall contract
and coordinate with the agency or department designated by
the Governor of each State to perform activities to ensure
compliance with this section.
``(e) Guidance.--
``(1) In general.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall publish, after consultation with the
Secretary of Agriculture, representatives of State
departments of agriculture, farmer representatives, and
various types of entities engaged in the production and
harvesting or importing of fruits and vegetables that are raw
agricultural commodities, including small businesses, updated
good agricultural practices and guidance for the safe
production and harvesting of specific types of fresh produce
under this section.
``(2) Public meetings.--The Secretary shall conduct not
fewer than 3 public meetings in diverse geographical areas of
the United States as part of an effort to conduct education
and outreach regarding the guidance described in paragraph
(1) for persons in different regions who are involved in the
production and harvesting of fruits and vegetables that are
raw agricultural commodities, including persons that sell
directly to consumers and farmer representatives, and for
importers of fruits and vegetables that are raw agricultural
commodities.
``(3) Paperwork reduction.--The Secretary shall ensure that
any updated guidance under this section will--
``(A) provide sufficient flexibility to be practicable for
all sizes and types of facilities, including small businesses
such as a small food processing facility co-located on a
farm; and
``(B) acknowledge differences in risk and minimize, as
appropriate, the number of separate standards that apply to
separate foods.
``(f) Exemption for Direct Farm Marketing.--
``(1) In general.--A farm shall be exempt from the
requirements under this section in a calendar year if--
``(A) during the previous 3-year period, the average annual
monetary value of the food sold by such farm directly to
qualified end-users during such period exceeded the average
annual monetary value of the food sold by such farm to all
other buyers during such period; and
``(B) the average annual monetary value of all food sold
during such period was less than $500,000, adjusted for
inflation.
``(2) Notification to consumers.--
``(A) In general.--A farm that is exempt from the
requirements under this section shall--
``(i) with respect to a food for which a food packaging
label is required by the Secretary under any other provision
of this Act, include prominently and conspicuously on such
label the name and business address of the farm where the
produce was grown; or
``(ii) with respect to a food for which a food packaging
label is not required by the Secretary under any other
provision of this Act, prominently and conspicuously display,
at the point of purchase, the name and business address of
the farm where the produce was grown, on a label, poster,
sign, placard, or document delivered contemporaneously with
the food in the normal course of business, or, in the case of
Internet sales, in an electronic notice.
``(B) No additional label.--Subparagraph (A) does not
provide authority to the Secretary to require a label that is
in addition to any label required under any other provision
of this Act.
``(3) Withdrawal; rule of construction.--
``(A) In general.--In the event of an active investigation
of a foodborne illness outbreak that is directly linked to a
farm subject to an exemption under this subsection, or if the
Secretary determines that it is necessary to protect the
public health and prevent or mitigate a foodborne illness
outbreak based on conduct or conditions associated with a
farm that are material to the safety of the food produced or
harvested at such farm, the Secretary may withdraw the
exemption provided to such farm under this subsection.
``(B) Rule of construction.--Nothing in this subsection
shall be construed to expand or limit the inspection
authority of the Secretary.
``(4) Definitions.--
``(A) Qualified end-user.--In this subsection, the term
`qualified end-user', with respect to a food means--
``(i) the consumer of the food; or
``(ii) a restaurant or retail food establishment (as those
terms are defined by the Secretary for purposes of section
415) that is located--
``(I) in the same State as the farm that produced the food;
or
``(II) not more than 275 miles from such farm.
``(B) Consumer.--For purposes of subparagraph (A), the term
`consumer' does not include a business.
``(5) No preemption.--Nothing in this subsection preempts
State, local, county, or other non-Federal law regarding the
safe production, harvesting, holding, transportation, and
sale of fresh fruits and vegetables. Compliance with this
subsection shall not relieve any person from liability at
common law or under State statutory law.
``(6) Limitation of effect.--Nothing in this subsection
shall prevent the Secretary from exercising any authority
granted in the other sections of this Act.
``(g) Clarification.--This section shall not apply to
produce that is produced by an individual for personal
consumption.
``(h) Exception for Activities of Facilities Subject to
Section 418.--This section shall not apply to activities of a
facility that are subject to section 418.''.
(b) Small Entity Compliance Policy Guide.--Not later than
180 days after the issuance of regulations under section 419
of the Federal Food, Drug, and Cosmetic Act (as added by
subsection (a)), the Secretary of Health and Human Services
shall issue a small entity compliance policy guide setting
forth in plain language the requirements of such section 419
and to assist small entities in complying with standards for
safe production and harvesting and other activities required
under such section.
(c) Prohibited Acts.--Section 301 (21 U.S.C. 331), as
amended by section 6103, is amended by adding at the end the
following:
``(vv) The failure to comply with the requirements under
section 419.''.
(d) No Effect on HACCP Authorities.--Nothing in the
amendments made by this section limits the authority of the
Secretary under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) or the Public Health Service Act (42
U.S.C. 201 et seq.) to revise, issue, or enforce product and
category-specific regulations, such as the Seafood Hazard
Analysis Critical Controls Points Program, the Juice Hazard
Analysis Critical Control Program, and the Thermally
Processed Low-Acid Foods Packaged in Hermetically Sealed
Containers standards.
SEC. 6106. PROTECTION AGAINST INTENTIONAL ADULTERATION.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6105, is amended by adding at the end the
following:
``SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERATION.
``(a) Determinations.--
``(1) In general.--The Secretary shall--
``(A) conduct a vulnerability assessment of the food
system, including by consideration of the Department of
Homeland Security biological, chemical, radiological, or
other terrorism risk assessments;
``(B) consider the best available understanding of
uncertainties, risks, costs, and benefits associated with
guarding against intentional adulteration of food at
vulnerable points; and
``(C) determine the types of science-based mitigation
strategies or measures that are necessary to protect against
the intentional adulteration of food.
``(2) Limited distribution.--In the interest of national
security, the Secretary, in consultation with the Secretary
of Homeland Security, may determine the time, manner, and
form in which determinations made under paragraph (1) are
made publicly available.
``(b) Regulations.--Not later than 18 months after the date
of enactment of the FDA Food Safety Modernization Act, the
Secretary, in coordination with the Secretary of Homeland
Security and in consultation with the Secretary of
Agriculture, shall promulgate regulations to protect against
the intentional adulteration of food subject to this Act.
Such regulations shall--
[[Page S9227]]
``(1) specify how a person shall assess whether the person
is required to implement mitigation strategies or measures
intended to protect against the intentional adulteration of
food; and
``(2) specify appropriate science-based mitigation
strategies or measures to prepare and protect the food supply
chain at specific vulnerable points, as appropriate.
``(c) Applicability.--Regulations promulgated under
subsection (b) shall apply only to food for which there is a
high risk of intentional contamination, as determined by the
Secretary, in consultation with the Secretary of Homeland
Security, under subsection (a), that could cause serious
adverse health consequences or death to humans or animals and
shall include those foods--
``(1) for which the Secretary has identified clear
vulnerabilities (including short shelf-life or susceptibility
to intentional contamination at critical control points); and
``(2) in bulk or batch form, prior to being packaged for
the final consumer.
``(d) Exception.--This section shall not apply to farms,
except for those that produce milk.
``(e) Definition.--For purposes of this section, the term
`farm' has the meaning given that term in section 1.227 of
title 21, Code of Federal Regulations (or any successor
regulation).''.
(b) Guidance Documents.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services, in consultation with the Secretary of Homeland
Security and the Secretary of Agriculture, shall issue
guidance documents related to protection against the
intentional adulteration of food, including mitigation
strategies or measures to guard against such adulteration as
required under section 420 of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a).
(2) Content.--The guidance documents issued under paragraph
(1) shall--
(A) include a model assessment for a person to use under
subsection (b)(1) of section 420 of the Federal Food, Drug,
and Cosmetic Act, as added by subsection (a);
(B) include examples of mitigation strategies or measures
described in subsection (b)(2) of such section; and
(C) specify situations in which the examples of mitigation
strategies or measures described in subsection (b)(2) of such
section are appropriate.
(3) Limited distribution.--In the interest of national
security, the Secretary of Health and Human Services, in
consultation with the Secretary of Homeland Security, may
determine the time, manner, and form in which the guidance
documents issued under paragraph (1) are made public,
including by releasing such documents to targeted audiences.
(c) Periodic Review.--The Secretary of Health and Human
Services shall periodically review and, as appropriate,
update the regulations under section 420(b) of the Federal
Food, Drug, and Cosmetic Act, as added by subsection (a), and
the guidance documents under subsection (b).
(d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.),
as amended by section 6105, is amended by adding at the end
the following:
``(ww) The failure to comply with section 420.''.
SEC. 6107. AUTHORITY TO COLLECT FEES.
(a) Fees for Reinspection, Recall, and Importation
Activities.--Subchapter C of chapter VII (21 U.S.C. 379f et
seq.) is amended by adding at the end the following:
``PART 6--FEES RELATED TO FOOD
``SEC. 743. AUTHORITY TO COLLECT AND USE FEES.
``(a) In General.--
``(1) Purpose and authority.--For fiscal year 2010 and each
subsequent fiscal year, the Secretary shall, in accordance
with this section, assess and collect fees from--
``(A) the responsible party for each domestic facility (as
defined in section 415(b)) and the United States agent for
each foreign facility subject to a reinspection in such
fiscal year, to cover reinspection-related costs for such
year;
``(B) the responsible party for a domestic facility (as
defined in section 415(b)) and an importer who does not
comply with a recall order under section 423 or under section
412(f) in such fiscal year, to cover food recall activities
associated with such order performed by the Secretary,
including technical assistance, follow-up effectiveness
checks, and public notifications, for such year;
``(C) each importer participating in the voluntary
qualified importer program under section 806 in such year, to
cover the administrative costs of such program for such year;
and
``(D) each importer subject to a reinspection in such
fiscal year, to cover reinspection-related costs for such
year.
``(2) Definitions.--For purposes of this section--
``(A) the term `reinspection' means--
``(i) with respect to domestic facilities (as defined in
section 415(b)), 1 or more inspections conducted under
section 704 subsequent to an inspection conducted under such
provision which identified noncompliance materially related
to a food safety requirement of this Act, specifically to
determine whether compliance has been achieved to the
Secretary's satisfaction; and
``(ii) with respect to importers, 1 or more examinations
conducted under section 801 subsequent to an examination
conducted under such provision which identified noncompliance
materially related to a food safety requirement of this Act,
specifically to determine whether compliance has been
achieved to the Secretary's satisfaction;
``(B) the term `reinspection-related costs' means all
expenses, including administrative expenses, incurred in
connection with--
``(i) arranging, conducting, and evaluating the results of
reinspections; and
``(ii) assessing and collecting reinspection fees under
this section; and
``(C) the term `responsible party' has the meaning given
such term in section 417(a)(1).
``(b) Establishment of Fees.--
``(1) In general.--Subject to subsections (c) and (d), the
Secretary shall establish the fees to be collected under this
section for each fiscal year specified in subsection (a)(1),
based on the methodology described under paragraph (2), and
shall publish such fees in a Federal Register notice not
later than 60 days before the start of each such year.
``(2) Fee methodology.--
``(A) Fees.--Fees amounts established for collection--
``(i) under subparagraph (A) of subsection (a)(1) for a
fiscal year shall be based on the Secretary's estimate of 100
percent of the costs of the reinspection-related activities
(including by type or level of reinspection activity, as the
Secretary determines applicable) described in such
subparagraph (A) for such year;
``(ii) under subparagraph (B) of subsection (a)(1) for a
fiscal year shall be based on the Secretary's estimate of 100
percent of the costs of the activities described in such
subparagraph (B) for such year;
``(iii) under subparagraph (C) of subsection (a)(1) for a
fiscal year shall be based on the Secretary's estimate of 100
percent of the costs of the activities described in such
subparagraph (C) for such year; and
``(iv) under subparagraph (D) of subsection (a)(1) for a
fiscal year shall be based on the Secretary's estimate of 100
percent of the costs of the activities described in such
subparagraph (D) for such year.
``(B) Other considerations.--
``(i) Voluntary qualified importer program.--In
establishing the fee amounts under subparagraph (A)(iii) for
a fiscal year, the Secretary shall provide for the number of
importers who have submitted to the Secretary a notice under
section 806(c) informing the Secretary of the intent of such
importer to participate in the program under section 806 in
such fiscal year.
``(ii) Crediting of fees.--In establishing the fee amounts
under subparagraph (A) for a fiscal year, the Secretary shall
provide for the crediting of fees from the previous year to
the next year if the Secretary overestimated the amount of
fees needed to carry out such activities, and consider the
need to account for any adjustment of fees and such other
factors as the Secretary determines appropriate.
``(iii) Published guidelines.--Not later than 180 days
after the date of enactment of the FDA Food Safety
Modernization Act, the Secretary shall publish in the Federal
Register a proposed set of guidelines in consideration of the
burden of fee amounts on small business. Such consideration
may include reduced fee amounts for small businesses. The
Secretary shall provide for a period of public comment on
such guidelines. The Secretary shall adjust the fee schedule
for small businesses subject to such fees only through notice
and comment rulemaking.
``(3) Use of fees.--The Secretary shall make all of the
fees collected pursuant to clause (i), (ii), (iii), and (iv)
of paragraph (2)(A) available solely to pay for the costs
referred to in such clause (i), (ii), (iii), and (iv) of
paragraph (2)(A), respectively.
``(c) Limitations.--
``(1) In general.--Fees under subsection (a) shall be
refunded for a fiscal year beginning after fiscal year 2010
unless the amount of the total appropriations for food safety
activities at the Food and Drug Administration for such
fiscal year (excluding the amount of fees appropriated for
such fiscal year) is equal to or greater than the amount of
appropriations for food safety activities at the Food and
Drug Administration for fiscal year 2009 (excluding the
amount of fees appropriated for such fiscal year), multiplied
by the adjustment factor under paragraph (3).
``(2) Authority.--If--
``(A) the Secretary does not assess fees under subsection
(a) for a portion of a fiscal year because paragraph (1)
applies; and
``(B) at a later date in such fiscal year, such paragraph
(1) ceases to apply,
the Secretary may assess and collect such fees under
subsection (a), without any modification to the rate of such
fees, notwithstanding the provisions of subsection (a)
relating to the date fees are to be paid.
``(3) Adjustment factor.--
``(A) In general.--The adjustment factor described in
paragraph (1) shall be the total percentage change that
occurred in the Consumer Price Index for all urban consumers
(all items; United States city average) for the 12-month
period ending June 30 preceding the fiscal year, but in no
case shall such adjustment factor be negative.
``(B) Compounded basis.--The adjustment under subparagraph
(A) made each fiscal year shall be added on a compounded
basis to the sum of all adjustments made each fiscal year
after fiscal year 2009.
[[Page S9228]]
``(4) Limitation on amount of certain fees.--
``(A) In general.--Notwithstanding any other provision of
this section and subject to subparagraph (B), the Secretary
may not collect fees in a fiscal year such that the amount
collected--
``(i) under subparagraph (B) of subsection (a)(1) exceeds
$20,000,000; and
``(ii) under subparagraphs (A) and (D) of subsection (a)(1)
exceeds $25,000,000 combined.
``(B) Exception.--If a domestic facility (as defined in
section 415(b)) or an importer becomes subject to a fee
described in subparagraph (A), (B), or (D) of subsection
(a)(1) after the maximum amount of fees has been collected by
the Secretary under subparagraph (A), the Secretary may
collect a fee from such facility or importer.
``(d) Crediting and Availability of Fees.--Fees authorized
under subsection (a) shall be collected and available for
obligation only to the extent and in the amount provided in
appropriations Acts. Such fees are authorized to remain
available until expended. Such sums as may be necessary may
be transferred from the Food and Drug Administration salaries
and expenses account without fiscal year limitation to such
appropriation account for salaries and expenses with such
fiscal year limitation. The sums transferred shall be
available solely for the purpose of paying the operating
expenses of the Food and Drug Administration employees and
contractors performing activities associated with these food
safety fees.
``(e) Collection of Fees.--
``(1) In general.--The Secretary shall specify in the
Federal Register notice described in subsection (b)(1) the
time and manner in which fees assessed under this section
shall be collected.
``(2) Collection of unpaid fees.--In any case where the
Secretary does not receive payment of a fee assessed under
this section within 30 days after it is due, such fee shall
be treated as a claim of the United States Government subject
to provisions of subchapter II of chapter 37 of title 31,
United States Code.
``(f) Annual Report to Congress.--Not later than 120 days
after each fiscal year for which fees are assessed under this
section, the Secretary shall submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of
Representatives, to include a description of fees assessed
and collected for each such year and a summary description of
the entities paying such fees and the types of business in
which such entities engage.
``(g) Authorization of Appropriations.--For fiscal year
2010 and each fiscal year thereafter, there is authorized to
be appropriated for fees under this section an amount equal
to the total revenue amount determined under subsection (b)
for the fiscal year, as adjusted or otherwise affected under
the other provisions of this section.''.
(b) Export Certification Fees for Foods and Animal Feed.--
(1) Authority for export certifications for food, including
animal feed.--Section 801(e)(4)(A) (21 U.S.C. 381(e)(4)(A))
is amended--
(A) in the matter preceding clause (i), by striking ``a
drug'' and inserting ``a food, drug'';
(B) in clause (i) by striking ``exported drug'' and
inserting ``exported food, drug''; and
(C) in clause (ii) by striking ``the drug'' each place it
appears and inserting ``the food, drug''.
(2) Clarification of certification.--Section 801(e)(4) (21
U.S.C. 381(e)(4)) is amended by inserting after subparagraph
(B) the following new subparagraph:
``(C) For purposes of this paragraph, a certification by
the Secretary shall be made on such basis, and in such form
(including a publicly available listing) as the Secretary
determines appropriate.''.
(3) Limitations on use and amount of fees.--Paragraph (4)
of section 801(e) (21 U.S.C. 381(e)) is amended by adding at
the end the following:
``(D) With regard to fees pursuant to subparagraph (B) in
connection with written export certifications for food:
``(i) Such fees shall be collected and available solely for
the costs of the Food and Drug Administration associated with
issuing such certifications.
``(ii) Such fees may not be retained in an amount that
exceeds such costs.''.
SEC. 6108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY.
(a) Development and Submission of Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services and the Secretary of Agriculture, in coordination
with the Secretary of Homeland Security, shall prepare and
transmit to the relevant committees of Congress, and make
publicly available on the Internet Web sites of the
Department of Health and Human Services and the Department of
Agriculture, the National Agriculture and Food Defense
Strategy.
(2) Implementation plan.--The strategy shall include an
implementation plan for use by the Secretaries described
under paragraph (1) in carrying out the strategy.
(3) Research.--The strategy shall include a coordinated
research agenda for use by the Secretaries described under
paragraph (1) in conducting research to support the goals and
activities described in paragraphs (1) and (2) of subsection
(b).
(4) Revisions.--Not later than 4 years after the date on
which the strategy is submitted to the relevant committees of
Congress under paragraph (1), and not less frequently than
every 4 years thereafter, the Secretary of Health and Human
Services and the Secretary of Agriculture, in coordination
with the Secretary of Homeland Security, shall revise and
submit to the relevant committees of Congress the strategy.
(5) Consistency with existing plans.--The strategy
described in paragraph (1) shall be consistent with--
(A) the National Incident Management System;
(B) the National Response Framework;
(C) the National Infrastructure Protection Plan;
(D) the National Preparedness Goals; and
(E) other relevant national strategies.
(b) Components.--
(1) In general.--The strategy shall include a description
of the process to be used by the Department of Health and
Human Services, the Department of Agriculture, and the
Department of Homeland Security--
(A) to achieve each goal described in paragraph (2); and
(B) to evaluate the progress made by Federal, State, local,
and tribal governments towards the achievement of each goal
described in paragraph (2).
(2) Goals.--The strategy shall include a description of the
process to be used by the Department of Health and Human
Services, the Department of Agriculture, and the Department
of Homeland Security to achieve the following goals:
(A) Preparedness goal.--Enhance the preparedness of the
agriculture and food system by--
(i) conducting vulnerability assessments of the agriculture
and food system;
(ii) mitigating vulnerabilities of the system;
(iii) improving communication and training relating to the
system;
(iv) developing and conducting exercises to test
decontamination and disposal plans;
(v) developing modeling tools to improve event consequence
assessment and decision support; and
(vi) preparing risk communication tools and enhancing
public awareness through outreach.
(B) Detection goal.--Improve agriculture and food system
detection capabilities by--
(i) identifying contamination in food products at the
earliest possible time; and
(ii) conducting surveillance to prevent the spread of
diseases.
(C) Emergency response goal.--Ensure an efficient response
to agriculture and food emergencies by--
(i) immediately investigating animal disease outbreaks and
suspected food contamination;
(ii) preventing additional human illnesses;
(iii) organizing, training, and equipping animal, plant,
and food emergency response teams of--
(I) the Federal Government; and
(II) State, local, and tribal governments;
(iv) designing, developing, and evaluating training and
exercises carried out under agriculture and food defense
plans; and
(v) ensuring consistent and organized risk communication to
the public by--
(I) the Federal Government;
(II) State, local, and tribal governments; and
(III) the private sector.
(D) Recovery goal.--Secure agriculture and food production
after an agriculture or food emergency by--
(i) working with the private sector to develop business
recovery plans to rapidly resume agriculture, food
production, and international trade;
(ii) conducting exercises of the plans described in
subparagraph (C) with the goal of long-term recovery results;
(iii) rapidly removing, and effectively disposing of--
(I) contaminated agriculture and food products; and
(II) infected plants and animals; and
(iv) decontaminating and restoring areas affected by an
agriculture or food emergency.
(3) Evaluation.--The Secretary, in coordination with the
Secretary of Agriculture and the Secretary of Homeland
Security, shall--
(A) develop metrics to measure progress for the evaluation
process described in paragraph (1)(B); and
(B) report on the progress measured in subparagraph (A) as
part of the National Agriculture and Food Defense strategy
described in subsection (a)(1).
(c) Limited Distribution.--In the interest of national
security, the Secretary of Health and Human Services and the
Secretary of Agriculture, in coordination with the Secretary
of Homeland Security, may determine the manner and format in
which the National Agriculture and Food Defense strategy
established under this section is made publicly available on
the Internet Web sites of the Department of Health and Human
Services, the Department of Homeland Security, and the
Department of Agriculture, as described in subsection (a)(1).
SEC. 6109. FOOD AND AGRICULTURE COORDINATING COUNCILS.
The Secretary of Homeland Security, in coordination with
the Secretary of Health and Human Services and the Secretary
of
[[Page S9229]]
Agriculture, shall within 180 days of enactment of this Act,
and annually thereafter, submit to the relevant committees of
Congress, and make publicly available on the Internet Web
site of the Department of Homeland Security, a report on the
activities of the Food and Agriculture Government
Coordinating Council and the Food and Agriculture Sector
Coordinating Council, including the progress of such Councils
on--
(1) facilitating partnerships between public and private
entities to help coordinate and enhance the protection of the
agriculture and food system of the United States;
(2) providing for the regular and timely interchange of
information between each council relating to the security of
the agriculture and food system (including intelligence
information);
(3) identifying best practices and methods for improving
the coordination among Federal, State, local, and private
sector preparedness and response plans for agriculture and
food defense; and
(4) recommending methods by which to protect the economy
and the public health of the United States from the effects
of--
(A) animal or plant disease outbreaks;
(B) food contamination; and
(C) natural disasters affecting agriculture and food.
SEC. 6110. BUILDING DOMESTIC CAPACITY.
(a) In General.--
(1) Initial report.--The Secretary, in coordination with
the Secretary of Agriculture and the Secretary of Homeland
Security, shall, not later than 2 years after the date of
enactment of this Act, submit to Congress a comprehensive
report that identifies programs and practices that are
intended to promote the safety and supply chain security of
food and to prevent outbreaks of foodborne illness and other
food-related hazards that can be addressed through preventive
activities. Such report shall include a description of the
following:
(A) Analysis of the need for further regulations or
guidance to industry.
(B) Outreach to food industry sectors, including through
the Food and Agriculture Coordinating Councils referred to in
section 6109, to identify potential sources of emerging
threats to the safety and security of the food supply and
preventive strategies to address those threats.
(C) Systems to ensure the prompt distribution to the food
industry of information and technical assistance concerning
preventive strategies.
(D) Communication systems to ensure that information about
specific threats to the safety and security of the food
supply are rapidly and effectively disseminated.
(E) Surveillance systems and laboratory networks to rapidly
detect and respond to foodborne illness outbreaks and other
food-related hazards, including how such systems and networks
are integrated.
(F) Outreach, education, and training provided to States
and local governments to build State and local food safety
and food defense capabilities, including progress
implementing strategies developed under sections 6108 and
6205.
(G) The estimated resources needed to effectively implement
the programs and practices identified in the report developed
in this section over a 5-year period.
(H) The impact of requirements under this Act (including
amendments made by this Act) on certified organic farms and
facilities (as defined in section 415 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350d)).
(I) Specific efforts taken pursuant to the agreements
authorized under section 421(c) of the Federal Food, Drug,
and Cosmetic Act (as added by section 6201), together with,
as necessary, a description of any additional authorities
necessary to improve seafood safety.
(2) Biennial reports.--On a biennial basis following the
submission of the report under paragraph (1), the Secretary
shall submit to Congress a report that--
(A) reviews previous food safety programs and practices;
(B) outlines the success of those programs and practices;
(C) identifies future programs and practices; and
(D) includes information related to any matter described in
subparagraphs (A) through (H) of paragraph (1), as necessary.
(b) Risk-Based Activities.--The report developed under
subsection (a)(1) shall describe methods that seek to ensure
that resources available to the Secretary for food safety-
related activities are directed at those actions most likely
to reduce risks from food, including the use of preventive
strategies and allocation of inspection resources. The
Secretary shall promptly undertake those risk-based actions
that are identified during the development of the report as
likely to contribute to the safety and security of the food
supply.
(c) Capability for Laboratory Analyses; Research.--The
report developed under subsection (a)(1) shall provide a
description of methods to increase capacity to undertake
analyses of food samples promptly after collection, to
identify new and rapid analytical techniques, including
commercially available techniques that can be employed at
ports of entry and by Food Emergency Response Network
laboratories, and to provide for well-equipped and staffed
laboratory facilities and progress toward laboratory
accreditation under section 422 of the Federal Food, Drug,
and Cosmetic Act (as added by section 6202).
(d) Information Technology.--The report developed under
subsection (a)(1) shall include a description of such
information technology systems as may be needed to identify
risks and receive data from multiple sources, including
foreign governments, State, local, and tribal governments,
other Federal agencies, the food industry, laboratories,
laboratory networks, and consumers. The information
technology systems that the Secretary describes shall also
provide for the integration of the facility registration
system under section 415 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350d), and the prior notice system
under section 801(m) of such Act (21 U.S.C. 381(m)) with
other information technology systems that are used by the
Federal Government for the processing of food offered for
import into the United States.
(e) Automated Risk Assessment.--The report developed under
subsection (a)(1) shall include a description of progress
toward developing and improving an automated risk assessment
system for food safety surveillance and allocation of
resources.
(f) Traceback and Surveillance Report.--The Secretary shall
include in the report developed under subsection (a)(1) an
analysis of the Food and Drug Administration's performance in
foodborne illness outbreaks during the 5-year period
preceding the date of enactment of this Act involving fruits
and vegetables that are raw agricultural commodities (as
defined in section 6201(r) (21 U.S.C. 321(r)) and
recommendations for enhanced surveillance, outbreak response,
and traceability. Such findings and recommendations shall
address communication and coordination with the public,
industry, and State and local governments, as such
communication and coordination relates to outbreak
identification and traceback.
(g) Biennial Food Safety and Food Defense Research Plan.--
The Secretary, the Secretary of Agriculture, and the
Secretary of Homeland Security shall, on a biennial basis,
submit to Congress a joint food safety and food defense
research plan which may include studying the long-term health
effects of foodborne illness. Such biennial plan shall
include a list and description of projects conducted during
the previous 2-year period and the plan for projects to be
conducted during the subsequent 2-year period.
(h) Effectiveness of Programs Administered by the
Department of Health and Human Services.--
(1) In general.--To determine whether existing Federal
programs administered by the Department of Health and Human
Services are effective in achieving the stated goals of such
programs, the Secretary shall, beginning not later than 1
year after the date of enactment of this Act--
(A) conduct an annual evaluation of each program of such
Department to determine the effectiveness of each such
program in achieving legislated intent, purposes, and
objectives; and
(B) submit to Congress a report concerning such evaluation.
(2) Content.--The report described under paragraph (1)(B)
shall--
(A) include conclusions concerning the reasons that such
existing programs have proven successful or not successful
and what factors contributed to such conclusions;
(B) include recommendations for consolidation and
elimination to reduce duplication and inefficiencies in such
programs at such Department as identified during the
evaluation conduct under this subsection; and
(C) be made publicly available in a publication entitled
``Guide to the U.S. Department of Health and Human Services
Programs''.
(i) Unique Identification Numbers.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Commissioner of Food and Drugs, shall conduct a study
regarding the need for, and challenges associated with,
development and implementation of a program that requires a
unique identification number for each food facility
registered with the Secretary and, as appropriate, each
broker that imports food into the United States. Such study
shall include an evaluation of the costs associated with
development and implementation of such a system, and make
recommendations about what new authorities, if any, would be
necessary to develop and implement such a system.
(2) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the findings of the study conducted
under paragraph (1) and that includes any recommendations
determined appropriate by the Secretary.
SEC. 6111. SANITARY TRANSPORTATION OF FOOD.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall promulgate
regulations described in section 416(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350e(b)).
(b) Food Transportation Study.--The Secretary, acting
through the Commissioner of Food and Drugs, shall conduct a
study of the transportation of food for consumption in the
United States, including transportation by air, that includes
an examination of the unique needs of rural and frontier
areas with regard to the delivery of safe food.
SEC. 6112. FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT.
(a) Definitions.--In this section:
[[Page S9230]]
(1) Early childhood education program.--The term ``early
childhood education program'' means--
(A) a Head Start program or an Early Head Start program
carried out under the Head Start Act (42 U.S.C. 9831 et
seq.);
(B) a State licensed or regulated child care program or
school; or
(C) a State prekindergarten program that serves children
from birth through kindergarten.
(2) ESEA definitions.--The terms ``local educational
agency'', ``secondary school'', ``elementary school'', and
``parent'' have the meanings given the terms in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) School.--The term ``school'' includes public--
(A) kindergartens;
(B) elementary schools; and
(C) secondary schools.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Establishment of Voluntary Food Allergy and Anaphylaxis
Management Guidelines.--
(1) Establishment.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Education, shall--
(i) develop guidelines to be used on a voluntary basis to
develop plans for individuals to manage the risk of food
allergy and anaphylaxis in schools and early childhood
education programs; and
(ii) make such guidelines available to local educational
agencies, schools, early childhood education programs, and
other interested entities and individuals to be implemented
on a voluntary basis only.
(B) Applicability of ferpa.--Each plan described in
subparagraph (A) that is developed for an individual shall be
considered an education record for the purpose of section 444
of the General Education Provisions Act (commonly referred to
as the ``Family Educational Rights and Privacy Act of 1974'')
(20 U.S.C. 1232g).
(2) Contents.--The voluntary guidelines developed by the
Secretary under paragraph (1) shall address each of the
following and may be updated as the Secretary determines
necessary:
(A) Parental obligation to provide the school or early
childhood education program, prior to the start of every
school year, with--
(i) documentation from their child's physician or nurse--
(I) supporting a diagnosis of food allergy, and any risk of
anaphylaxis, if applicable;
(II) identifying any food to which the child is allergic;
(III) describing, if appropriate, any prior history of
anaphylaxis;
(IV) listing any medication prescribed for the child for
the treatment of anaphylaxis;
(V) detailing emergency treatment procedures in the event
of a reaction;
(VI) listing the signs and symptoms of a reaction; and
(VII) assessing the child's readiness for self-
administration of prescription medication; and
(ii) a list of substitute meals that may be offered to the
child by school or early childhood education program food
service personnel.
(B) The creation and maintenance of an individual plan for
food allergy management, in consultation with the parent,
tailored to the needs of each child with a documented risk
for anaphylaxis, including any procedures for the self-
administration of medication by such children in instances
where--
(i) the children are capable of self-administering
medication; and
(ii) such administration is not prohibited by State law.
(C) Communication strategies between individual schools or
early childhood education programs and providers of emergency
medical services, including appropriate instructions for
emergency medical response.
(D) Strategies to reduce the risk of exposure to
anaphylactic causative agents in classrooms and common school
or early childhood education program areas such as
cafeterias.
(E) The dissemination of general information on life-
threatening food allergies to school or early childhood
education program staff, parents, and children.
(F) Food allergy management training of school or early
childhood education program personnel who regularly come into
contact with children with life-threatening food allergies.
(G) The authorization and training of school or early
childhood education program personnel to administer
epinephrine when the nurse is not immediately available.
(H) The timely accessibility of epinephrine by school or
early childhood education program personnel when the nurse is
not immediately available.
(I) The creation of a plan contained in each individual
plan for food allergy management that addresses the
appropriate response to an incident of anaphylaxis of a child
while such child is engaged in extracurricular programs of a
school or early childhood education program, such as
nonacademic outings and field trips, before- and after-school
programs or before- and after-early child education program
programs, and school-sponsored or early childhood education
program-sponsored programs held on weekends.
(J) Maintenance of information for each administration of
epinephrine to a child at risk for anaphylaxis and prompt
notification to parents.
(K) Other elements the Secretary determines necessary for
the management of food allergies and anaphylaxis in schools
and early childhood education programs.
(3) Relation to state law.--Nothing in this section or the
guidelines developed by the Secretary under paragraph (1)
shall be construed to preempt State law, including any State
law regarding whether students at risk for anaphylaxis may
self-administer medication.
(c) School-Based Food Allergy Management Grants.--
(1) In general.--The Secretary may award grants to local
educational agencies to assist such agencies with
implementing voluntary food allergy and anaphylaxis
management guidelines described in subsection (b).
(2) Application.--
(A) In general.--To be eligible to receive a grant under
this subsection, a local educational agency shall submit an
application to the Secretary at such time, in such manner,
and including such information as the Secretary may
reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall include--
(i) an assurance that the local educational agency has
developed plans in accordance with the food allergy and
anaphylaxis management guidelines described in subsection
(b);
(ii) a description of the activities to be funded by the
grant in carrying out the food allergy and anaphylaxis
management guidelines, including--
(I) how the guidelines will be carried out at individual
schools served by the local educational agency;
(II) how the local educational agency will inform parents
and students of the guidelines in place;
(III) how school nurses, teachers, administrators, and
other school-based staff will be made aware of, and given
training on, when applicable, the guidelines in place; and
(IV) any other activities that the Secretary determines
appropriate;
(iii) an itemization of how grant funds received under this
subsection will be expended;
(iv) a description of how adoption of the guidelines and
implementation of grant activities will be monitored; and
(v) an agreement by the local educational agency to report
information required by the Secretary to conduct evaluations
under this subsection.
(3) Use of funds.--Each local educational agency that
receives a grant under this subsection may use the grant
funds for the following:
(A) Purchase of materials and supplies, including limited
medical supplies such as epinephrine and disposable wet
wipes, to support carrying out the food allergy and
anaphylaxis management guidelines described in subsection
(b).
(B) In partnership with local health departments, school
nurse, teacher, and personnel training for food allergy
management.
(C) Programs that educate students as to the presence of,
and policies and procedures in place related to, food
allergies and anaphylactic shock.
(D) Outreach to parents.
(E) Any other activities consistent with the guidelines
described in subsection (b).
(4) Duration of awards.--The Secretary may award grants
under this subsection for a period of not more than 2 years.
In the event the Secretary conducts a program evaluation
under this subsection, funding in the second year of the
grant, where applicable, shall be contingent on a successful
program evaluation by the Secretary after the first year.
(5) Limitation on grant funding.--The Secretary may not
provide grant funding to a local educational agency under
this subsection after such local educational agency has
received 2 years of grant funding under this subsection.
(6) Maximum amount of annual awards.--A grant awarded under
this subsection may not be made in an amount that is more
than $50,000 annually.
(7) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to local educational
agencies with the highest percentages of children who are
counted under section 1124(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333(c)).
(8) Matching funds.--
(A) In general.--The Secretary may not award a grant under
this subsection unless the local educational agency agrees
that, with respect to the costs to be incurred by such local
educational agency in carrying out the grant activities, the
local educational agency shall make available (directly or
through donations from public or private entities) non-
Federal funds toward such costs in an amount equal to not
less than 25 percent of the amount of the grant.
(B) Determination of amount of non-federal contribution.--
Non-Federal funds required under subparagraph (A) may be cash
or in kind, including plant, equipment, or services. Amounts
provided by the Federal Government, and any portion of any
service subsidized by the Federal Government, may not be
included in determining the amount of such non-Federal funds.
(9) Administrative funds.--A local educational agency that
receives a grant under
[[Page S9231]]
this subsection may use not more than 2 percent of the grant
amount for administrative costs related to carrying out this
subsection.
(10) Progress and evaluations.--At the completion of the
grant period referred to in paragraph (4), a local
educational agency shall provide the Secretary with
information on how grant funds were spent and the status of
implementation of the food allergy and anaphylaxis management
guidelines described in subsection (b).
(11) Supplement, not supplant.--Grant funds received under
this subsection shall be used to supplement, and not
supplant, non-Federal funds and any other Federal funds
available to carry out the activities described in this
subsection.
(12) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $30,000,000
for fiscal year 2011 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
(d) Voluntary Nature of Guidelines.--
(1) In general.--The food allergy and anaphylaxis
management guidelines developed by the Secretary under
subsection (b) are voluntary. Nothing in this section or the
guidelines developed by the Secretary under subsection (b)
shall be construed to require a local educational agency to
implement such guidelines.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary may enforce an agreement by a local educational
agency to implement food allergy and anaphylaxis management
guidelines as a condition of the receipt of a grant under
subsection (c).
SEC. 6113. NEW DIETARY INGREDIENTS.
(a) In General.--Section 413 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350b) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Notification.--
``(1) In general.--If the Secretary determines that the
information in a new dietary ingredient notification
submitted under this section for an article purported to be a
new dietary ingredient is inadequate to establish that a
dietary supplement containing such article will reasonably be
expected to be safe because the article may be, or may
contain, an anabolic steroid or an analogue of an anabolic
steroid, the Secretary shall notify the Drug Enforcement
Administration of such determination. Such notification by
the Secretary shall include, at a minimum, the name of the
dietary supplement or article, the name of the person or
persons who marketed the product or made the submission of
information regarding the article to the Secretary under this
section, and any contact information for such person or
persons that the Secretary has.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `anabolic steroid' has the meaning given
such term in section 102(41) of the Controlled Substances
Act; and
``(B) the term `analogue of an anabolic steroid' means a
substance whose chemical structure is substantially similar
to the chemical structure of an anabolic steroid.''.
(b) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish guidance
that clarifies when a dietary supplement ingredient is a new
dietary ingredient, when the manufacturer or distributor of a
dietary ingredient or dietary supplement should provide the
Secretary with information as described in section 413(a)(2)
of the Federal Food, Drug, and Cosmetic Act, the evidence
needed to document the safety of new dietary ingredients, and
appropriate methods for establishing the identify of a new
dietary ingredient.
SEC. 6114. REQUIREMENT FOR GUIDANCE RELATING TO POST-HARVEST
PROCESSING OF RAW OYSTERS.
(a) In General.--Not later than 90 days prior to the
issuance of any guidance, regulation, or suggested amendment
by the Food and Drug Administration to the National Shellfish
Sanitation Program's Model Ordinance, or the issuance of any
guidance or regulation by the Food and Drug Administration
relating to the Seafood Hazard Analysis Critical Control
Points Program of the Food and Drug Administration (parts 123
and 1240 of title 21, Code of Federal Regulations (or any
successor regulations), where such guidance, regulation, or
suggested amendment relates to post-harvest processing for
raw oysters, the Secretary shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report which shall include--
(1) an assessment of how post-harvest processing or other
equivalent controls feasibly may be implemented in the
fastest, safest, and most economical manner;
(2) the projected public health benefits of any proposed
post-harvest processing;
(3) the projected costs of compliance with such post-
harvest processing measures;
(4) the impact post-harvest processing is expected to have
on the sales, cost, and availability of raw oysters;
(5) criteria for ensuring post-harvest processing standards
will be applied equally to shellfish imported from all
nations of origin;
(6) an evaluation of alternative measures to prevent,
eliminate, or reduce to an acceptable level the occurrence of
foodborne illness; and
(7) the extent to which the Food and Drug Administration
has consulted with the States and other regulatory agencies,
as appropriate, with regard to post-harvest processing
measures.
(b) Limitation.--Subsection (a) shall not apply to the
guidance described in section 6103(h).
(c) Review and Evaluation.--Not later than 30 days after
the Secretary issues a proposed regulation or guidance
described in subsection (a), the Comptroller General of the
United States shall--
(1) review and evaluate the report described in subsection
(a) and report to Congress on the findings of the estimates
and analysis in the report;
(2) compare such proposed regulation or guidance to similar
regulations or guidance with respect to other regulated
foods, including a comparison of risks the Secretary may find
associated with seafood and the instances of those risks in
such other regulated foods; and
(3) evaluate the impact of post-harvest processing on the
competitiveness of the domestic oyster industry in the United
States and in international markets.
(d) Waiver.--The requirement of preparing a report under
subsection (a) shall be waived if the Secretary issues a
guidance that is adopted as a consensus agreement between
Federal and State regulators and the oyster industry, acting
through the Interstate Shellfish Sanitation Conference.
(e) Public Access.--Any report prepared under this section
shall be made available to the public.
SEC. 6115. PORT SHOPPING.
Until the date on which the Secretary promulgates a final
rule that implements the amendments made by section 308 of
the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (Public Law 107-188), the Secretary
shall notify the Secretary of Homeland Security of all
instances in which the Secretary refuses to admit a food into
the United States under section 801(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(a)) so that the
Secretary of Homeland Security, acting through the
Commissioner of Customs and Border Protection, may prevent
food refused admittance into the United States by a United
States port of entry from being admitted by another United
States port of entry, through the notification of other such
United States ports of entry.
SEC. 6116. ALCOHOL-RELATED FACILITIES.
(a) In General.--Except as provided by sections 6102, 6206,
6207, 6302, 6304, 6402, 6403, and 6404 of this Act, and the
amendments made by such sections, nothing in this Act, or the
amendments made by this Act, shall be construed to apply to a
facility that--
(1) under the Federal Alcohol Administration Act (27 U.S.C.
201 et seq.) or chapter 51 of subtitle E of the Internal
Revenue Code of 1986 (26 U.S.C. 5001 et seq.) is required to
obtain a permit or to register with the Secretary of the
Treasury as a condition of doing business in the United
States; and
(2) under section 415 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350d) is required to register as a
facility because such facility is engaged in manufacturing,
processing, packing, or holding 1 or more alcoholic
beverages, with respect to the activities of such facility
that relate to the manufacturing, processing, packing, or
holding of alcoholic beverages.
(b) Limited Receipt and Distribution of Nonalcohol Food.--
Subsection (a) shall not apply to a facility engaged in the
receipt and distribution of any nonalcohol food, except that
such paragraph shall apply to a facility described in such
paragraph that receives and distributes nonalcohol food,
provided such food is received and distributed--
(1) in a prepackaged form that prevents any direct human
contact with such food; and
(2) in amounts that constitute not more than 5 percent of
the overall sales of such facility, as determined by the
Secretary of the Treasury.
(c) Rule of Construction.--Except as provided in
subsections (a) and (b), this section shall not be construed
to exempt any food, other than alcoholic beverages, as
defined in section 214 of the Federal Alcohol Administration
Act (27 U.S.C. 214), from the requirements of this Act
(including the amendments made by this Act).
TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY
PROBLEMS
SEC. 6201. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC
FACILITIES, FOREIGN FACILITIES, AND PORTS OF
ENTRY; ANNUAL REPORT.
(a) Targeting of Inspection Resources for Domestic
Facilities, Foreign Facilities, and Ports of Entry.--Chapter
IV (21 U.S.C. 341 et seq.), as amended by section 6106, is
amended by adding at the end the following:
``SEC. 421. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC
FACILITIES, FOREIGN FACILITIES, AND PORTS OF
ENTRY; ANNUAL REPORT.
``(a) Identification and Inspection of Facilities.--
``(1) Identification.--The Secretary shall identify high-
risk facilities and shall allocate resources to inspect
facilities according to the known safety risks of the
facilities, which shall be based on the following factors:
``(A) The known safety risks of the food manufactured,
processed, packed, or held at the facility.
[[Page S9232]]
``(B) The compliance history of a facility, including with
regard to food recalls, outbreaks of foodborne illness, and
violations of food safety standards.
``(C) The rigor and effectiveness of the facility's hazard
analysis and risk-based preventive controls.
``(D) Whether the food manufactured, processed, packed, or
held at the facility meets the criteria for priority under
section 801(h)(1).
``(E) Whether the food or the facility that manufactured,
processed, packed, or held such food has received a
certification as described in section 801(q) or 806, as
appropriate.
``(F) Any other criteria deemed necessary and appropriate
by the Secretary for purposes of allocating inspection
resources.
``(2) Inspections.--
``(A) In general.--Beginning on the date of enactment of
the FDA Food Safety Modernization Act, the Secretary shall
increase the frequency of inspection of all facilities.
``(B) Domestic high-risk facilities.--The Secretary shall
increase the frequency of inspection of domestic facilities
identified under paragraph (1) as high-risk facilities such
that each such facility is inspected--
``(i) not less often than once in the 5-year period
following the date of enactment of the FDA Food Safety
Modernization Act; and
``(ii) not less often than once every 3 years thereafter.
``(C) Domestic non-high-risk facilities.--The Secretary
shall ensure that each domestic facility that is not
identified under paragraph (1) as a high-risk facility is
inspected--
``(i) not less often than once in the 7-year period
following the date of enactment of the FDA Food Safety
Modernization Act; and
``(ii) not less often than once every 5 years thereafter.
``(D) Foreign facilities.--
``(i) Year 1.--In the 1-year period following the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall inspect not fewer than 600 foreign
facilities.
``(ii) Subsequent years.--In each of the 5 years following
the 1-year period described in clause (i), the Secretary
shall inspect not fewer than twice the number of foreign
facilities inspected by the Secretary during the previous
year.
``(E) Reliance on federal, state, or local inspections.--In
meeting the inspection requirements under this subsection for
domestic facilities, the Secretary may rely on inspections
conducted by other Federal, State, or local agencies under
interagency agreements, contracts, memoranda of
understanding, or other obligations.
``(b) Identification and Inspection at Ports of Entry.--The
Secretary, in consultation with the Secretary of Homeland
Security, shall allocate resources to inspect any article of
food imported into the United States according to the known
safety risks of the article of food, which shall be based on
the following factors:
``(1) The known safety risks of the food imported.
``(2) The known safety risks of the countries or regions of
origin and countries through which such article of food is
transported.
``(3) The compliance history of the importer, including
with regard to food recalls, outbreaks of foodborne illness,
and violations of food safety standards.
``(4) The rigor and effectiveness of the activities
conducted by the importer of such article of food to satisfy
the requirements of the foreign supplier verification program
under section 805.
``(5) Whether the food importer participates in the
voluntary qualified importer program under section 806.
``(6) Whether the food meets the criteria for priority
under section 801(h)(1).
``(7) Whether the food or the facility that manufactured,
processed, packed, or held such food received a certification
as described in section 801(q) or 806.
``(8) Any other criteria deemed necessary and appropriate
by the Secretary for purposes of allocating inspection
resources.
``(c) Interagency Agreements With Respect to Seafood.--
``(1) In general.--The Secretary of Health and Human
Services, the Secretary of Commerce, the Secretary of
Homeland Security, the Chairman of the Federal Trade
Commission, and the heads of other appropriate agencies may
enter into such agreements as may be necessary or appropriate
to improve seafood safety.
``(2) Scope of agreements.--The agreements under paragraph
(1) may include--
``(A) cooperative arrangements for examining and testing
seafood imports that leverage the resources, capabilities,
and authorities of each party to the agreement;
``(B) coordination of inspections of foreign facilities to
increase the percentage of imported seafood and seafood
facilities inspected;
``(C) standardization of data on seafood names, inspection
records, and laboratory testing to improve interagency
coordination;
``(D) coordination to detect and investigate violations
under applicable Federal law;
``(E) a process, including the use or modification of
existing processes, by which officers and employees of the
National Oceanic and Atmospheric Administration may be duly
designated by the Secretary to carry out seafood examinations
and investigations under section 801 of this Act or section
203 of the Food Allergen Labeling and Consumer Protection Act
of 2004;
``(F) the sharing of information concerning observed
noncompliance with United States food requirements
domestically and in foreign nations and new regulatory
decisions and policies that may affect the safety of food
imported into the United States;
``(G) conducting joint training on subjects that affect and
strengthen seafood inspection effectiveness by Federal
authorities; and
``(H) outreach on Federal efforts to enhance seafood safety
and compliance with Federal food safety requirements.
``(d) Coordination.--The Secretary shall improve
coordination and cooperation with the Secretary of
Agriculture and the Secretary of Homeland Security to target
food inspection resources.
``(e) Facility.--For purposes of this section, the term
`facility' means a domestic facility or a foreign facility
that is required to register under section 415.''.
(b) Annual Report.--Section 1003 (21 U.S.C. 393) is amended
by adding at the end the following:
``(h) Annual Report Regarding Food.--Not later than
February 1 of each year, the Secretary shall submit to
Congress a report, including efforts to coordinate and
cooperate with other Federal agencies with responsibilities
for food inspections, regarding--
``(1) information about food facilities including--
``(A) the appropriations used to inspect facilities
registered pursuant to section 415 in the previous fiscal
year;
``(B) the average cost of both a non-high-risk food
facility inspection and a high-risk food facility inspection,
if such a difference exists, in the previous fiscal year;
``(C) the number of domestic facilities and the number of
foreign facilities registered pursuant to section 415 that
the Secretary inspected in the previous fiscal year;
``(D) the number of domestic facilities and the number of
foreign facilities registered pursuant to section 415 that
were scheduled for inspection in the previous fiscal year and
which the Secretary did not inspect in such year;
``(E) the number of high-risk facilities identified
pursuant to section 421 that the Secretary inspected in the
previous fiscal year; and
``(F) the number of high-risk facilities identified
pursuant to section 421 that were scheduled for inspection in
the previous fiscal year and which the Secretary did not
inspect in such year.
``(2) information about food imports including--
``(A) the number of lines of food imported into the United
States that the Secretary physically inspected or sampled in
the previous fiscal year;
``(B) the number of lines of food imported into the United
States that the Secretary did not physically inspect or
sample in the previous fiscal year; and
``(C) the average cost of physically inspecting or sampling
a line of food subject to this Act that is imported or
offered for import into the United States; and
``(3) information on the foreign offices of the Food and
Drug Administration including--
``(A) the number of foreign offices established; and
``(B) the number of personnel permanently stationed in each
foreign office.
``(i) Public Availability of Annual Food Reports.--The
Secretary shall make the reports required under subsection
(h) available to the public on the Internet Web site of the
Food and Drug Administration.''.
(c) Advisory Committee Consultation.--In allocating
inspection resources as described in section 421 of the
Federal Food, Drug, and Cosmetic Act (as added by subsection
(a)), the Secretary may, as appropriate, consult with any
relevant advisory committee within the Department of Health
and Human Services.
SEC. 6202. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6201, is amended by adding at the end the
following:
``SEC. 422. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.
``(a) Recognition of Laboratory Accreditation.--
``(1) In general.--Not later than 2 years after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall--
``(A) establish a program for the testing of food by
accredited laboratories;
``(B) establish a publicly available registry of
accreditation bodies recognized by the Secretary and
laboratories accredited by a recognized accreditation body,
including the name of, contact information for, and other
information deemed appropriate by the Secretary about such
bodies and laboratories; and
``(C) require, as a condition of recognition or
accreditation, as appropriate, that recognized accreditation
bodies and accredited laboratories report to the Secretary
any changes that would affect the recognition of such
accreditation body or the accreditation of such laboratory.
``(2) Program requirements.--The program established under
paragraph (1)(A) shall provide for the recognition of
laboratory accreditation bodies that meet criteria
established by the Secretary for accreditation of
laboratories, including independent private laboratories and
laboratories run and operated by a Federal agency (including
the Department of Commerce), State, or locality with a
demonstrated capability to conduct 1
[[Page S9233]]
or more sampling and analytical testing methodologies for
food.
``(3) Increasing the number of qualified laboratories.--The
Secretary shall work with the laboratory accreditation bodies
recognized under paragraph (1), as appropriate, to increase
the number of qualified laboratories that are eligible to
perform testing under subsection (b) beyond the number so
qualified on the date of enactment of the FDA Food Safety
Modernization Act.
``(4) Limited distribution.--In the interest of national
security, the Secretary, in coordination with the Secretary
of Homeland Security, may determine the time, manner, and
form in which the registry established under paragraph (1)(B)
is made publicly available.
``(5) Foreign laboratories.--Accreditation bodies
recognized by the Secretary under paragraph (1) may accredit
laboratories that operate outside the United States, so long
as such laboratories meet the accreditation standards
applicable to domestic laboratories accredited under this
section.
``(6) Model laboratory standards.--The Secretary shall
develop model standards that a laboratory shall meet to be
accredited by a recognized accreditation body for a specified
sampling or analytical testing methodology and included in
the registry provided for under paragraph (1). In developing
the model standards, the Secretary shall consult existing
standards for guidance. The model standards shall include--
``(A) methods to ensure that--
``(i) appropriate sampling, analytical procedures
(including rapid analytical procedures), and commercially
available techniques are followed and reports of analyses are
certified as true and accurate;
``(ii) internal quality systems are established and
maintained;
``(iii) procedures exist to evaluate and respond promptly
to complaints regarding analyses and other activities for
which the laboratory is accredited; and
``(iv) individuals who conduct the sampling and analyses
are qualified by training and experience to do so; and
``(B) any other criteria determined appropriate by the
Secretary.
``(7) Review of recognition.--To ensure compliance with the
requirements of this section, the Secretary--
``(A) shall periodically, and in no case less than once
every 5 years, reevaluate accreditation bodies recognized
under paragraph (1) and may accompany auditors from an
accreditation body to assess whether the accreditation body
meets the criteria for recognition; and
``(B) shall promptly revoke the recognition of any
accreditation body found not to be in compliance with the
requirements of this section, specifying, as appropriate, any
terms and conditions necessary for laboratories accredited by
such body to continue to perform testing as described in this
section.
``(b) Testing Procedures.--
``(1) In general.--Not later than 30 months after the date
of enactment of the FDA Food Safety Modernization Act, food
testing shall be conducted by Federal laboratories or non-
Federal laboratories that have been accredited for the
appropriate sampling or analytical testing methodology or
methodologies by a recognized accreditation body on the
registry established by the Secretary under subsection
(a)(1)(B) whenever such testing is conducted--
``(A) by or on behalf of an owner or consignee--
``(i) in response to a specific testing requirement under
this Act or implementing regulations, when applied to address
an identified or suspected food safety problem; and
``(ii) as required by the Secretary, as the Secretary deems
appropriate, to address an identified or suspected food
safety problem; or
``(B) on behalf of an owner or consignee--
``(i) in support of admission of an article of food under
section 801(a); and
``(ii) under an Import Alert that requires successful
consecutive tests.
``(2) Results of testing.--The results of any such testing
shall be sent directly to the Food and Drug Administration,
except the Secretary may by regulation exempt test results
from such submission requirement if the Secretary determines
that such results do not contribute to the protection of
public health. Test results required to be submitted may be
submitted to the Food and Drug Administration through
electronic means.
``(3) Exception.--The Secretary may waive requirements
under this subsection if--
``(A) a new methodology or methodologies have been
developed and validated but a laboratory has not yet been
accredited to perform such methodology or methodologies; and
``(B) the use of such methodology or methodologies are
necessary to prevent, control, or mitigate a food emergency
or foodborne illness outbreak.
``(c) Review by Secretary.--If food sampling and testing
performed by a laboratory run and operated by a State or
locality that is accredited by a recognized accreditation
body on the registry established by the Secretary under
subsection (a) result in a State recalling a food, the
Secretary shall review the sampling and testing results for
the purpose of determining the need for a national recall or
other compliance and enforcement activities.
``(d) No Limit on Secretarial Authority.--Nothing in this
section shall be construed to limit the ability of the
Secretary to review and act upon information from food
testing, including determining the sufficiency of such
information and testing.''.
(b) Food Emergency Response Network.--The Secretary, in
coordination with the Secretary of Agriculture, the Secretary
of Homeland Security, and State, local, and tribal
governments shall, not later than 180 days after the date of
enactment of this Act, and biennially thereafter, submit to
the relevant committees of Congress, and make publicly
available on the Internet Web site of the Department of
Health and Human Services, a report on the progress in
implementing a national food emergency response laboratory
network that--
(1) provides ongoing surveillance, rapid detection, and
surge capacity for large-scale food-related emergencies,
including intentional adulteration of the food supply;
(2) coordinates the food laboratory capacities of State,
local, and tribal food laboratories, including the adoption
of novel surveillance and identification technologies and the
sharing of data among Federal agencies and State laboratories
to develop national situational awareness;
(3) provides accessible, timely, accurate, and consistent
food laboratory services throughout the United States;
(4) develops and implements a methods repository for use by
Federal, State, and local officials;
(5) responds to food-related emergencies; and
(6) is integrated with relevant laboratory networks
administered by other Federal agencies.
SEC. 6203. INTEGRATED CONSORTIUM OF LABORATORY NETWORKS.
(a) In General.--The Secretary of Homeland Security, in
coordination with the Secretary of Health and Human Services,
the Secretary of Agriculture, the Secretary of Commerce, and
the Administrator of the Environmental Protection Agency,
shall maintain an agreement through which relevant laboratory
network members, as determined by the Secretary of Homeland
Security, shall--
(1) agree on common laboratory methods in order to reduce
the time required to detect and respond to foodborne illness
outbreaks and facilitate the sharing of knowledge and
information relating to animal health, agriculture, and human
health;
(2) identify means by which laboratory network members
could work cooperatively--
(A) to optimize national laboratory preparedness; and
(B) to provide surge capacity during emergencies; and
(3) engage in ongoing dialogue and build relationships that
will support a more effective and integrated response during
emergencies.
(b) Reporting Requirement.--The Secretary of Homeland
Security shall, on a biennial basis, submit to the relevant
committees of Congress, and make publicly available on the
Internet Web site of the Department of Homeland Security, a
report on the progress of the integrated consortium of
laboratory networks, as established under subsection (a), in
carrying out this section.
SEC. 6204. ENHANCING TRACKING AND TRACING OF FOOD AND
RECORDKEEPING.
(a) Pilot Projects.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary''),
taking into account recommendations from the Secretary of
Agriculture and representatives of State departments of
health and agriculture, shall establish pilot projects in
coordination with the food industry to explore and evaluate
methods to rapidly and effectively identify recipients of
food to prevent or mitigate a foodborne illness outbreak and
to address credible threats of serious adverse health
consequences or death to humans or animals as a result of
such food being adulterated under section 402 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 342) or misbranded
under section 403(w) of such Act (21 U.S.C. 343(w)).
(2) Content.--The Secretary shall conduct 1 or more pilot
projects under paragraph (1) in coordination with the
processed food sector and 1 or more such pilot projects in
coordination with processors or distributors of fruits and
vegetables that are raw agricultural commodities. The
Secretary shall ensure that the pilot projects under
paragraph (1) reflect the diversity of the food supply and
include at least 3 different types of foods that have been
the subject of significant outbreaks during the 5-year period
preceding the date of enactment of this Act, and are selected
in order to--
(A) develop and demonstrate methods for rapid and effective
tracking and tracing of foods in a manner that is practicable
for facilities of varying sizes, including small businesses;
(B) develop and demonstrate appropriate technologies,
including technologies existing on the date of enactment of
this Act, that enhance the tracking and tracing of food; and
(C) inform the promulgation of regulations under subsection
(d).
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall report to Congress
on the findings of the pilot projects under this subsection
together with recommendations for improving the tracking and
tracing of food.
(b) Additional Data Gathering.--
(1) In general.--The Secretary, in coordination with the
Secretary of Agriculture and
[[Page S9234]]
multiple representatives of State departments of health and
agriculture, shall assess--
(A) the costs and benefits associated with the adoption and
use of several product tracing technologies, including
technologies used in the pilot projects under subsection (a);
(B) the feasibility of such technologies for different
sectors of the food industry, including small businesses; and
(C) whether such technologies are compatible with the
requirements of this subsection.
(2) Requirements.--To the extent practicable, in carrying
out paragraph (1), the Secretary shall--
(A) evaluate domestic and international product tracing
practices in commercial use;
(B) consider international efforts, including an assessment
of whether product tracing requirements developed under this
section are compatible with global tracing systems, as
appropriate; and
(C) consult with a diverse and broad range of experts and
stakeholders, including representatives of the food industry,
agricultural producers, and nongovernmental organizations
that represent the interests of consumers.
(c) Product Tracing System.--The Secretary, in consultation
with the Secretary of Agriculture, shall, as appropriate,
establish within the Food and Drug Administration a product
tracing system to receive information that improves the
capacity of the Secretary to effectively and rapidly track
and trace food that is in the United States or offered for
import into the United States. Prior to the establishment of
such product tracing system, the Secretary shall examine the
results of applicable pilot projects and shall ensure that
the activities of such system are adequately supported by the
results of such pilot projects.
(d) Additional Recordkeeping Requirements for High-risk
Foods.--
(1) In general.--In order to rapidly and effectively
identify recipients of a food to prevent or mitigate a
foodborne illness outbreak and to address credible threats of
serious adverse health consequences or death to humans or
animals as a result of such food being adulterated under
section 402 of the Federal Food, Drug, and Cosmetic Act or
misbranded under section 403(w) of such Act, not later than 2
years after the date of enactment of this Act, the Secretary
shall publish a notice of proposed rulemaking to establish
recordkeeping requirements, in addition to the requirements
under section 414 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 350c) and subpart J of part 1 of title 21, Code of
Federal Regulations (or any successor regulations), for
facilities that manufacture, process, pack, or hold foods
that the Secretary designates under paragraph (2) as high-
risk foods. The Secretary shall set an appropriate effective
date of such additional requirements for foods designated as
high risk that takes into account the length of time
necessary to comply with such requirements. Such requirements
shall--
(A) relate only to information that is reasonably available
and appropriate;
(B) be science-based;
(C) not prescribe specific technologies for the maintenance
of records;
(D) ensure that the public health benefits of imposing
additional recordkeeping requirements outweigh the cost of
compliance with such requirements;
(E) be scale-appropriate and practicable for facilities of
varying sizes and capabilities with respect to costs and
recordkeeping burdens, and not require the creation and
maintenance of duplicate records where the information is
contained in other company records kept in the normal course
of business;
(F) minimize the number of different recordkeeping
requirements for facilities that handle more than 1 type of
food;
(G) to the extent practicable, not require a facility to
change business systems to comply with such requirements;
(H) allow any person subject to this subsection to maintain
records required under this subsection at a central or
reasonably accessible location provided that such records can
be made available to the Secretary not later than 24 hours
after the Secretary requests such records;
(I) include a process by which the Secretary may issue a
waiver of the requirements under this subsection if the
Secretary determines that such requirements would result in
an economic hardship for an individual facility or a type of
facility;
(J) be commensurate with the known safety risks of the
designated food;
(K) take into account international trade obligations;
(L) not require--
(i) a full pedigree, or a record of the complete previous
distribution history of the food from the point of origin of
such food;
(ii) records of recipients of a food beyond the immediate
subsequent recipient of such food; or
(iii) product tracking to the case level by persons subject
to such requirements; and
(M) include a process by which the Secretary may remove a
high-risk food designation developed under paragraph (2) for
a food or type of food.
(2) Designation of high-risk foods.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and thereafter as the Secretary
determines necessary, the Secretary shall designate high-risk
foods for which the additional recordkeeping requirements
described in paragraph (1) are appropriate and necessary to
protect the public health. Each such designation shall be
based on--
(i) the known safety risks of a particular food, including
the history and severity of foodborne illness outbreaks
attributed to such food, taking into consideration foodborne
illness data collected by the Centers for Disease Control and
Prevention;
(ii) the likelihood that a particular food has a high
potential risk for microbiological or chemical contamination
or would support the growth of pathogenic microorganisms due
to the nature of the food or the processes used to produce
such food;
(iii) the point in the manufacturing process of the food
where contamination is most likely to occur;
(iv) the likelihood of contamination and steps taken during
the manufacturing process to reduce the possibility of
contamination;
(v) the likelihood that consuming a particular food will
result in a foodborne illness due to contamination of the
food; and
(vi) the likely or known severity, including health and
economic impacts, of a foodborne illness attributed to a
particular food.
(B) List of high-risk foods.--At the time the Secretary
promulgates the final rules under paragraph (1), the
Secretary shall publish the list of the foods designated
under subparagraph (A) as high-risk foods on the Internet
website of the Food and Drug Administration. The Secretary
may update the list to designate new high-risk foods and to
remove foods that are no longer deemed to be high-risk foods,
provided that each such update to the list is consistent with
the requirements of this subsection and notice of such update
is published in the Federal Register.
(3) Protection of sensitive information.--In promulgating
regulations under this subsection, the Secretary shall take
appropriate measures to ensure that there are effective
procedures to prevent the unauthorized disclosure of any
trade secret or confidential information that is obtained by
the Secretary pursuant to this section, including periodic
risk assessment and planning to prevent unauthorized release
and controls to--
(A) prevent unauthorized reproduction of trade secret or
confidential information;
(B) prevent unauthorized access to trade secret or
confidential information; and
(C) maintain records with respect to access by any person
to trade secret or confidential information maintained by the
agency.
(4) Public input.--During the comment period in the notice
of proposed rulemaking under paragraph (1), the Secretary
shall conduct not less than 3 public meetings in diverse
geographical areas of the United States to provide persons in
different regions an opportunity to comment.
(5) Retention of records.--Except as otherwise provided in
this subsection, the Secretary may require that a facility
retain records under this subsection for not more than 2
years, taking into consideration the risk of spoilage, loss
of value, or loss of palatability of the applicable food when
determining the appropriate timeframes.
(6) Limitations.--
(A) Farm-to-school programs.--In establishing requirements
under this subsection, the Secretary shall, in consultation
with the Secretary of Agriculture, consider the impact of
requirements on farm-to-school or farm-to-institution
programs of the Department of Agriculture and other farm-to-
school and farm-to-institution programs outside such agency,
and shall modify the requirements under this subsection, as
appropriate, with respect to such programs so that the
requirements do not place undue burdens on farm-to-school or
farm-to-institution programs.
(B) Identity-preserved labels with respect to farm sales of
food that is produced and packaged on a farm.--The
requirements under this subsection shall not apply to a food
that is produced and packaged on a farm if--
(i) the packaging of the food maintains the integrity of
the product and prevents subsequent contamination or
alteration of the product; and
(ii) the labeling of the food includes the name, complete
address (street address, town, State, country, and zip or
other postal code), and business phone number of the farm,
unless the Secretary waives the requirement to include a
business phone number of the farm, as appropriate, in order
to accommodate a religious belief of the individual in charge
of such farm.
(C) Fishing vessels.--The requirements under this
subsection with respect to a food that is produced through
the use of a fishing vessel (as defined in section 3(18) of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802(18))) shall be limited to the requirements
under subparagraph (F) until such time as the food is sold by
the owner, operator, or agent in charge of such fishing
vessel.
(D) Commingled raw agricultural commodities.--
(i) Limitation on extent of tracing.--Recordkeeping
requirements under this subsection with regard to any
commingled raw agricultural commodity shall be limited to the
requirements under subparagraph (F).
(ii) Definitions.--For the purposes of this subparagraph--
(I) the term ``commingled raw agricultural commodity''
means any commodity that is
[[Page S9235]]
combined or mixed after harvesting, but before processing;
(II) the term ``commingled raw agricultural commodity''
shall not include types of fruits and vegetables that are raw
agricultural commodities for which the Secretary has
determined that standards promulgated under section 419 of
the Federal Food, Drug, and Cosmetic Act (as added by section
6105) would minimize the risk of serious adverse health
consequences or death; and
(III) the term ``processing'' means operations that alter
the general state of the commodity, such as canning, cooking,
freezing, dehydration, milling, grinding, pasteurization, or
homogenization.
(E) Exemption of other foods.--The Secretary may, by notice
in the Federal Register, modify the requirements under this
subsection with respect to, or exempt a food or a type of
facility from, the requirements of this subsection (other
than the requirements under subparagraph (F), if applicable)
if the Secretary determines that product tracing requirements
for such food (such as bulk or commingled ingredients that
are intended to be processed to destroy pathogens) or type of
facility is not necessary to protect the public health.
(F) Recordkeeping regarding previous sources and subsequent
recipients.--In the case of a person or food to which a
limitation or exemption under subparagraph (C), (D), or (E)
applies, if such person, or a person who manufactures,
processes, packs, or holds such food, is required to register
with the Secretary under section 415 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350d) with respect to the
manufacturing, processing, packing, or holding of the
applicable food, the Secretary shall require such person to
maintain records that identify the immediate previous source
of such food and the immediate subsequent recipient of such
food.
(G) Grocery stores.--With respect to a sale of a food
described in subparagraph (H) to a grocery store, the
Secretary shall not require such grocery store to maintain
records under this subsection other than records documenting
the farm that was the source of such food. The Secretary
shall not require that such records be kept for more than 180
days.
(H) Farm sales to consumers.--The Secretary shall not
require a farm to maintain any distribution records under
this subsection with respect to a sale of a food described in
subparagraph (I) (including a sale of a food that is produced
and packaged on such farm), if such sale is made by the farm
directly to a consumer.
(I) Sale of a food.--A sale of a food described in this
subparagraph is a sale of a food in which--
(i) the food is produced on a farm; and
(ii) the sale is made by the owner, operator, or agent in
charge of such farm directly to a consumer or grocery store.
(7) No impact on non-high-risk foods.--The recordkeeping
requirements established under paragraph (1) shall have no
effect on foods that are not designated by the Secretary
under paragraph (2) as high-risk foods. Foods described in
the preceding sentence shall be subject solely to the
recordkeeping requirements under section 414 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350c) and subpart J
of part 1 of title 21, Code of Federal Regulations (or any
successor regulations).
(e) Evaluation and Recommendations.--
(1) Report.--Not later than 1 year after the effective date
of the final rule promulgated under subsection (d)(1), the
Comptroller General of the United States shall submit to
Congress a report, taking into consideration the costs of
compliance and other regulatory burdens on small businesses
and Federal, State, and local food safety practices and
requirements, that evaluates the public health benefits and
risks, if any, of limiting--
(A) the product tracing requirements under subsection (d)
to foods identified under paragraph (2) of such subsection,
including whether such requirements provide adequate
assurance of traceability in the event of intentional
adulteration, including by acts of terrorism; and
(B) the participation of restaurants in the recordkeeping
requirements.
(2) Determination and recommendations.--In conducting the
evaluation and report under paragraph (1), if the Comptroller
General of the United States determines that the limitations
described in such paragraph do not adequately protect the
public health, the Comptroller General shall submit to
Congress recommendations, if appropriate, regarding
recordkeeping requirements for restaurants and additional
foods, in order to protect the public health.
(f) Farms.--
(1) Request for information.--Notwithstanding subsection
(d), during an active investigation of a foodborne illness
outbreak, or if the Secretary determines it is necessary to
protect the public health and prevent or mitigate a foodborne
illness outbreak, the Secretary, in consultation and
coordination with State and local agencies responsible for
food safety, as appropriate, may request that the owner,
operator, or agent of a farm identify potential immediate
recipients, other than consumers, of an article of the food
that is the subject of such investigation if the Secretary
reasonably believes such article of food--
(A) is adulterated under section 402 of the Federal Food,
Drug, and Cosmetic Act;
(B) presents a threat of serious adverse health
consequences or death to humans or animals; and
(C) was adulterated as described in subparagraph (A) on a
particular farm (as defined in section 1.227 of chapter 21,
Code of Federal Regulations (or any successor regulation)).
(2) Manner of request.--In making a request under paragraph
(1), the Secretary, in consultation and coordination with
State and local agencies responsible for food safety, as
appropriate, shall issue a written notice to the owner,
operator, or agent of the farm to which the article of food
has been traced. The individual providing such notice shall
present to such owner, operator, or agent appropriate
credentials and shall deliver such notice at reasonable times
and within reasonable limits and in a reasonable manner.
(3) Delivery of information requested.--The owner,
operator, or agent of a farm shall deliver the information
requested under paragraph (1) in a prompt and reasonable
manner. Such information may consist of records kept in the
normal course of business, and may be in electronic or
nonelectronic format.
(4) Limitation.--A request made under paragraph (1) shall
not include a request for information relating to the
finances, pricing of commodities produced, personnel,
research, sales (other than information relating to
shipping), or other disclosures that may reveal trade secrets
or confidential information from the farm to which the
article of food has been traced, other than information
necessary to identify potential immediate recipients of such
food. Section 301(j) of the Federal Food, Drug, and Cosmetic
Act and the Freedom of Information Act shall apply with
respect to any confidential commercial information that is
disclosed to the Food and Drug Administration in the course
of responding to a request under paragraph (1).
(5) Records.--Except with respect to identifying potential
immediate recipients in response to a request under this
subsection, nothing in this subsection shall require the
establishment or maintenance by farms of new records.
(g) No Limitation on Commingling of Food.--Nothing in this
section shall be construed to authorize the Secretary to
impose any limitation on the commingling of food.
(h) Small Entity Compliance Guide.--Not later than 180 days
after promulgation of a final rule under subsection (d), the
Secretary shall issue a small entity compliance guide setting
forth in plain language the requirements of the regulations
under such subsection in order to assist small entities,
including farms and small businesses, in complying with the
recordkeeping requirements under such subsection.
(i) Flexibility for Small Businesses.--Notwithstanding any
other provision of law, the regulations promulgated under
subsection (d) shall apply--
(1) to small businesses (as defined by the Secretary in
section 6103, not later than 90 days after the date of
enactment of this Act) beginning on the date that is 1 year
after the effective date of the final regulations promulgated
under subsection (d); and
(2) to very small businesses (as defined by the Secretary
in section 6103, not later than 90 days after the date of
enactment of this Act) beginning on the date that is 2 years
after the effective date of the final regulations promulgated
under subsection (d).
(j) Enforcement.--
(1) Prohibited acts.--Section 301(e) (21 U.S.C. 331(e)) is
amended by inserting ``; or the violation of any
recordkeeping requirement under section 6204 of the FDA Food
Safety Modernization Act (except when such violation is
committed by a farm)'' before the period at the end.
(2) Imports.--Section 801(a) (21 U.S.C. 381(a)) is amended
by inserting ``or (4) the recordkeeping requirements under
section 6204 of the FDA Food Safety Modernization Act (other
than the requirements under subsection (f) of such section)
have not been complied with regarding such article,'' in the
third sentence before ``then such article shall be refused
admission''.
SEC. 6205. SURVEILLANCE.
(a) Definition of Foodborne Illness Outbreak.--In this Act,
the term ``foodborne illness outbreak'' means the occurrence
of 2 or more cases of a similar illness resulting from the
ingestion of a certain food.
(b) Foodborne Illness Surveillance Systems.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
enhance foodborne illness surveillance systems to improve the
collection, analysis, reporting, and usefulness of data on
foodborne illnesses by--
(A) coordinating Federal, State, and local foodborne
illness surveillance systems, including complaint systems,
and increasing participation in national networks of public
health and food regulatory agencies and laboratories;
(B) facilitating sharing of surveillance information on a
more timely basis among governmental agencies, including the
Food and Drug Administration, the Department of Agriculture,
the Department of Homeland Security, and State and local
agencies, and with the public;
(C) developing improved epidemiological tools for obtaining
quality exposure data and microbiological methods for
classifying cases;
[[Page S9236]]
(D) augmenting such systems to improve attribution of a
foodborne illness outbreak to a specific food;
(E) expanding capacity of such systems, including working
toward automatic electronic searches, for implementation of
identification practices, including fingerprinting
strategies, for foodborne infectious agents, in order to
identify new or rarely documented causes of foodborne illness
and submit standardized information to a centralized
database;
(F) allowing timely public access to aggregated, de-
identified surveillance data;
(G) at least annually, publishing current reports on
findings from such systems;
(H) establishing a flexible mechanism for rapidly
initiating scientific research by academic institutions;
(I) integrating foodborne illness surveillance systems and
data with other biosurveillance and public health situational
awareness capabilities at the Federal, State, and local
levels, including by sharing foodborne illness surveillance
data with the National Biosurveillance Integration Center;
and
(J) other activities as determined appropriate by the
Secretary.
(2) Working group.--The Secretary shall support and
maintain a diverse working group of experts and stakeholders
from Federal, State, and local food safety and health
agencies, the food and food testing industries, consumer
organizations, and academia. Such working group shall provide
the Secretary, through at least annual meetings of the
working group and an annual public report, advice and
recommendations on an ongoing and regular basis regarding the
improvement of foodborne illness surveillance and
implementation of this section, including advice and
recommendations on--
(A) the priority needs of regulatory agencies, the food
industry, and consumers for information and analysis on
foodborne illness and its causes;
(B) opportunities to improve the effectiveness of
initiatives at the Federal, State, and local levels,
including coordination and integration of activities among
Federal agencies, and among the Federal, State, and local
levels of government;
(C) improvement in the timeliness and depth of access by
regulatory and health agencies, the food industry, academic
researchers, and consumers to foodborne illness aggregated,
de-identified surveillance data collected by government
agencies at all levels, including data compiled by the
Centers for Disease Control and Prevention;
(D) key barriers at Federal, State, and local levels to
improving foodborne illness surveillance and the utility of
such surveillance for preventing foodborne illness;
(E) the capabilities needed for establishing automatic
electronic searches of surveillance data; and
(F) specific actions to reduce barriers to improvement,
implement the working group's recommendations, and achieve
the purposes of this section, with measurable objectives and
timelines, and identification of resource and staffing needs.
(3) Authorization of appropriations.--To carry out the
activities described in paragraph (1), there is authorized to
be appropriated $24,000,000 for each fiscal years 2011
through 2015.
(c) Improving Food Safety and Defense Capacity at the State
and Local Level.--
(1) In general.--The Secretary shall develop and implement
strategies to leverage and enhance the food safety and
defense capacities of State and local agencies in order to
achieve the following goals:
(A) Improve foodborne illness outbreak response and
containment.
(B) Accelerate foodborne illness surveillance and outbreak
investigation, including rapid shipment of clinical isolates
from clinical laboratories to appropriate State laboratories,
and conducting more standardized illness outbreak interviews.
(C) Strengthen the capacity of State and local agencies to
carry out inspections and enforce safety standards.
(D) Improve the effectiveness of Federal, State, and local
partnerships to coordinate food safety and defense resources
and reduce the incidence of foodborne illness.
(E) Share information on a timely basis among public health
and food regulatory agencies, with the food industry, with
health care providers, and with the public.
(F) Strengthen the capacity of State and local agencies to
achieve the goals described in section 6108.
(2) Review.--In developing of the strategies required by
paragraph (1), the Secretary shall, not later than 1 year
after the date of enactment of the FDA Food Safety
Modernization Act, complete a review of State and local
capacities, and needs for enhancement, which may include a
survey with respect to--
(A) staffing levels and expertise available to perform food
safety and defense functions;
(B) laboratory capacity to support surveillance, outbreak
response, inspection, and enforcement activities;
(C) information systems to support data management and
sharing of food safety and defense information among State
and local agencies and with counterparts at the Federal
level; and
(D) other State and local activities and needs as
determined appropriate by the Secretary.
(d) Food Safety Capacity Building Grants.--Section 317R(b)
of the Public Health Service Act (42 U.S.C. 247b-20(b)) is
amended--
(1) by striking ``2002'' and inserting ``2010''; and
(2) by striking ``2003 through 2006'' and inserting ``2011
through 2015''.
SEC. 6206. MANDATORY RECALL AUTHORITY.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6202, is amended by adding at the end the
following:
``SEC. 423. MANDATORY RECALL AUTHORITY.
``(a) Voluntary Procedures.--If the Secretary determines,
based on information gathered through the reportable food
registry under section 417 or through any other means, that
there is a reasonable probability that an article of food
(other than infant formula) is adulterated under section 402
or misbranded under section 403(w) and the use of or exposure
to such article will cause serious adverse health
consequences or death to humans or animals, the Secretary
shall provide the responsible party (as defined in section
417) with an opportunity to cease distribution and recall
such article.
``(b) Prehearing Order To Cease Distribution and Give
Notice.--
``(1) In general.--If the responsible party refuses to or
does not voluntarily cease distribution or recall such
article within the time and in the manner prescribed by the
Secretary (if so prescribed), the Secretary may, by order
require, as the Secretary deems necessary, such person to--
``(A) immediately cease distribution of such article; and
``(B) as applicable, immediately notify all persons--
``(i) manufacturing, processing, packing, transporting,
distributing, receiving, holding, or importing and selling
such article; and
``(ii) to which such article has been distributed,
transported, or sold, to immediately cease distribution of
such article.
``(2) Required additional information.--
``(A) In general.--If an article of food covered by a
recall order issued under paragraph (1)(B) has been
distributed to a warehouse-based third-party logistics
provider without providing such provider sufficient
information to know or reasonably determine the precise
identity of the article of food covered by a recall order
that is in its possession, the notice provided by the
responsible party subject to the order issued under paragraph
(1)(B) shall include such information as is necessary for the
warehouse-based third-party logistics provider to identify
the food.
``(B) Rules of construction.--Nothing in this paragraph
shall be construed--
``(i) to exempt a warehouse-based third-party logistics
provider from the requirements of this Act, including the
requirements in this section and section 414; or
``(ii) to exempt a warehouse-based third party logistics
provider from being the subject of a mandatory recall order.
``(3) Determination to limit areas affected.--If the
Secretary requires a responsible party to cease distribution
under paragraph (1)(A) of an article of food identified in
subsection (a), the Secretary may limit the size of the
geographic area and the markets affected by such cessation if
such limitation would not compromise the public health.
``(c) Hearing on Order.--The Secretary shall provide the
responsible party subject to an order under subsection (b)
with an opportunity for an informal hearing, to be held as
soon as possible, but not later than 2 days after the
issuance of the order, on the actions required by the order
and on why the article that is the subject of the order
should not be recalled.
``(d) Post-hearing Recall Order and Modification of
Order.--
``(1) Amendment of order.--If, after providing opportunity
for an informal hearing under subsection (c), the Secretary
determines that removal of the article from commerce is
necessary, the Secretary shall, as appropriate--
``(A) amend the order to require recall of such article or
other appropriate action;
``(B) specify a timetable in which the recall shall occur;
``(C) require periodic reports to the Secretary describing
the progress of the recall; and
``(D) provide notice to consumers to whom such article was,
or may have been, distributed.
``(2) Vacating of order.--If, after such hearing, the
Secretary determines that adequate grounds do not exist to
continue the actions required by the order, or that such
actions should be modified, the Secretary shall vacate the
order or modify the order.
``(e) Rule Regarding Alcoholic Beverages.--The Secretary
shall not initiate a mandatory recall or take any other
action under this section with respect to any alcohol
beverage until the Secretary has provided the Alcohol and
Tobacco Tax and Trade Bureau with a reasonable opportunity to
cease distribution and recall such article under the Alcohol
and Tobacco Tax and Trade Bureau authority.
``(f) Cooperation and Consultation.--The Secretary shall
work with State and local public health officials in carrying
out this section, as appropriate.
``(g) Public Notification.--In conducting a recall under
this section, the Secretary shall--
``(1) ensure that a press release is published regarding
the recall, as well as alerts and public notices, as
appropriate, in order to provide notification--
``(A) of the recall to consumers and retailers to whom such
article was, or may have been, distributed; and
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``(B) that includes, at a minimum--
``(i) the name of the article of food subject to the
recall;
``(ii) a description of the risk associated with such
article; and
``(iii) to the extent practicable, information for
consumers about similar articles of food that are not
affected by the recall;
``(2) consult the policies of the Department of Agriculture
regarding providing to the public a list of retail consignees
receiving products involved in a Class I recall and shall
consider providing such a list to the public, as determined
appropriate by the Secretary; and
``(3) if available, publish on the Internet Web site of the
Food and Drug Administration an image of the article that is
the subject of the press release described in paragraph (1).
``(h) No Delegation.--The authority conferred by this
section to order a recall or vacate a recall order shall not
be delegated to any officer or employee other than the
Commissioner.
``(i) Effect.--Nothing in this section shall affect the
authority of the Secretary to request or participate in a
voluntary recall, or to issue an order to cease distribution
or to recall under any other provision of this Act or under
the Public Health Service Act.
``(j) Coordinated Communication.--
``(1) In general.--To assist in carrying out the
requirements of this subsection, the Secretary shall
establish an incident command operation or a similar
operation within the Department of Health and Human Services
that will operate not later than 24 hours after the
initiation of a mandatory recall or the recall of an article
of food for which the use of, or exposure to, such article
will cause serious adverse health consequences or death to
humans or animals.
``(2) Requirements.--To reduce the potential for
miscommunication during recalls or regarding investigations
of a foodborne illness outbreak associated with a food that
is subject to a recall, each incident command operation or
similar operation under paragraph (1) shall use regular staff
and resources of the Department of Health and Human Services
to--
``(A) ensure timely and coordinated communication within
the Department, including enhanced communication and
coordination between different agencies and organizations
within the Department;
``(B) ensure timely and coordinated communication from the
Department, including public statements, throughout the
duration of the investigation and related foodborne illness
outbreak;
``(C) identify a single point of contact within the
Department for public inquiries regarding any actions by the
Secretary related to a recall;
``(D) coordinate with Federal, State, local, and tribal
authorities, as appropriate, that have responsibilities
related to the recall of a food or a foodborne illness
outbreak associated with a food that is subject to the
recall, including notification of the Secretary of
Agriculture and the Secretary of Education in the event such
recalled food is a commodity intended for use in a child
nutrition program (as identified in section 25(b) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769f(b)); and
``(E) conclude operations at such time as the Secretary
determines appropriate.
``(3) Multiple recalls.--The Secretary may establish
multiple or concurrent incident command operations or similar
operations in the event of multiple recalls or foodborne
illness outbreaks necessitating such action by the Department
of Health and Human Services.''.
(b) Search Engine.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall modify the
Internet Web site of the Food and Drug Administration to
include a search engine that--
(1) is consumer-friendly, as determined by the Secretary;
and
(2) provides a means by which an individual may locate
relevant information regarding each article of food subject
to a recall under section 423 of the Federal Food, Drug, and
Cosmetic Act and the status of such recall (such as whether a
recall is ongoing or has been completed).
(c) Civil Penalty.--Section 303(f)(2)(A) (21 U.S.C.
333(f)(2)(A)) is amended by inserting ``or any person who
does not comply with a recall order under section 423'' after
``section 402(a)(2)(B)''.
(d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.),
as amended by section 6106, is amended by adding at the end
the following:
``(xx) The refusal or failure to follow an order under
section 423.''.
(e) GAO Review.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that--
(A) identifies State and local agencies with the authority
to require the mandatory recall of food, and evaluates use of
such authority with regard to frequency, effectiveness, and
appropriateness, including consideration of any new or
existing mechanisms available to compensate persons for
general and specific recall-related costs when a recall is
subsequently determined by the relevant authority to have
been an error;
(B) identifies Federal agencies, other than the Department
of Health and Human Services, with mandatory recall authority
and examines use of that authority with regard to frequency,
effectiveness, and appropriateness, including any new or
existing mechanisms available to compensate persons for
general and specific recall-related costs when a recall is
subsequently determined by the relevant agency to have been
an error;
(C) considers models for farmer restitution implemented in
other nations in cases of erroneous recalls; and
(D) makes recommendations to the Secretary regarding use of
the authority under section 423 of the Federal Food, Drug,
and Cosmetic Act (as added by this section) to protect the
public health while seeking to minimize unnecessary economic
costs.
(2) Effect of review.--If the Comptroller General of the
United States finds, after the review conducted under
paragraph (1), that the mechanisms described in such
paragraph do not exist or are inadequate, then, not later
than 90 days after the conclusion of such review, the
Secretary of Agriculture shall conduct a study of the
feasibility of implementing a farmer indemnification program
to provide restitution to agricultural producers for losses
sustained as a result of a mandatory recall of an
agricultural commodity by a Federal or State regulatory
agency that is subsequently determined to be in error. The
Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results of the study, including any
recommendations.
(f) Annual Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act and annually thereafter, the Secretary
of Health and Human Services (referred to in this subsection
as the ``Secretary'') shall submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of
Representatives on the use of recall authority under section
423 of the Federal Food, Drug, and Cosmetic Act (as added by
subsection (a)) and any public health advisories issued by
the Secretary that advise against the consumption of an
article of food on the ground that the article of food is
adulterated and poses an imminent danger to health.
(2) Content.--The report under paragraph (1) shall include,
with respect to the report year--
(A) the identity of each article of food that was the
subject of a public health advisory described in paragraph
(1), an opportunity to cease distribution and recall under
subsection (a) of section 423 of the Federal Food, Drug, and
Cosmetic Act, or a mandatory recall order under subsection
(b) of such section;
(B) the number of responsible parties, as defined in
section 417 of the Federal Food, Drug, and Cosmetic Act,
formally given the opportunity to cease distribution of an
article of food and recall such article, as described in
section 423(a) of such Act;
(C) the number of responsible parties described in
subparagraph (B) who did not cease distribution of or recall
an article of food after given the opportunity to cease
distribution or recall under section 423(a) of the Federal
Food, Drug, and Cosmetic Act;
(D) the number of recall orders issued under section 423(b)
of the Federal Food, Drug, and Cosmetic Act; and
(E) a description of any instances in which there was no
testing that confirmed adulteration of an article of food
that was the subject of a recall under section 423(b) of the
Federal Food, Drug, and Cosmetic Act or a public health
advisory described in paragraph (1).
SEC. 6207. ADMINISTRATIVE DETENTION OF FOOD.
(a) In General.--Section 304(h)(1)(A) (21 U.S.C.
334(h)(1)(A)) is amended by--
(1) striking ``credible evidence or information
indicating'' and inserting ``reason to believe''; and
(2) striking ``presents a threat of serious adverse health
consequences or death to humans or animals'' and inserting
``is adulterated or misbranded''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue an interim
final rule amending subpart K of part 1 of title 21, Code of
Federal Regulations, to implement the amendment made by this
section.
(c) Effective Date.--The amendment made by this section
shall take effect 180 days after the date of enactment of
this Act.
SEC. 6208. DECONTAMINATION AND DISPOSAL STANDARDS AND PLANS.
(a) In General.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), in coordination with the Secretary of
Health and Human Services, Secretary of Homeland Security,
and Secretary of Agriculture, shall provide support for, and
technical assistance to, State, local, and tribal governments
in preparing for, assessing, decontaminating, and recovering
from an agriculture or food emergency.
(b) Development of Standards.--In carrying out subsection
(a), the Administrator, in coordination with the Secretary of
Health and Human Services, Secretary of Homeland Security,
Secretary of Agriculture, and State, local, and tribal
governments, shall develop and disseminate specific standards
and protocols to undertake clean-up, clearance, and recovery
activities following the decontamination and disposal of
specific threat agents and foreign animal diseases.
[[Page S9238]]
(c) Development of Model Plans.--In carrying out subsection
(a), the Administrator, the Secretary of Health and Human
Services, and the Secretary of Agriculture shall jointly
develop and disseminate model plans for--
(1) the decontamination of individuals, equipment, and
facilities following an intentional contamination of
agriculture or food; and
(2) the disposal of large quantities of animals, plants, or
food products that have been infected or contaminated by
specific threat agents and foreign animal diseases.
(d) Exercises.--In carrying out subsection (a), the
Administrator, in coordination with the entities described
under subsection (b), shall conduct exercises at least
annually to evaluate and identify weaknesses in the
decontamination and disposal model plans described in
subsection (c). Such exercises shall be carried out, to the
maximum extent practicable, as part of the national exercise
program under section 648(b)(1) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748(b)(1)).
(e) Modifications.--Based on the exercises described in
subsection (d), the Administrator, in coordination with the
entities described in subsection (b), shall review and modify
as necessary the plans described in subsection (c) not less
frequently than biennially.
(f) Prioritization.--The Administrator, in coordination
with the entities described in subsection (b), shall develop
standards and plans under subsections (b) and (c) in an
identified order of priority that takes into account--
(1) highest risk biological, chemical, and radiological
threat agents;
(2) agents that could cause the greatest economic
devastation to the agriculture and food system; and
(3) agents that are most difficult to clean or remediate.
SEC. 6209. IMPROVING THE TRAINING OF STATE, LOCAL,
TERRITORIAL, AND TRIBAL FOOD SAFETY OFFICIALS.
(a) Improving Training.--Chapter X (21 U.S.C. 391 et seq.)
is amended by adding at the end the following:
``SEC. 1012. IMPROVING THE TRAINING OF STATE, LOCAL,
TERRITORIAL, AND TRIBAL FOOD SAFETY OFFICIALS.
``(a) Training.--The Secretary shall set standards and
administer training and education programs for the employees
of State, local, territorial, and tribal food safety
officials relating to the regulatory responsibilities and
policies established by this Act, including programs for--
``(1) scientific training;
``(2) training to improve the skill of officers and
employees authorized to conduct inspections under sections
702 and 704;
``(3) training to achieve advanced product or process
specialization in such inspections;
``(4) training that addresses best practices;
``(5) training in administrative process and procedure and
integrity issues;
``(6) training in appropriate sampling and laboratory
analysis methodology; and
``(7) training in building enforcement actions following
inspections, examinations, testing, and investigations.
``(b) Partnerships With State and Local Officials.--
``(1) In general.--The Secretary, pursuant to a contract or
memorandum of understanding between the Secretary and the
head of a State, local, territorial, or tribal department or
agency, is authorized and encouraged to conduct examinations,
testing, and investigations for the purposes of determining
compliance with the food safety provisions of this Act
through the officers and employees of such State, local,
territorial, or tribal department or agency.
``(2) Content.--A contract or memorandum described under
paragraph (1) shall include provisions to ensure adequate
training of such officers and employees to conduct such
examinations, testing, and investigations. The contract or
memorandum shall contain provisions regarding reimbursement.
Such provisions may, at the sole discretion of the head of
the other department or agency, require reimbursement, in
whole or in part, from the Secretary for the examinations,
testing, or investigations performed pursuant to this section
by the officers or employees of the State, territorial, or
tribal department or agency.
``(3) Effect.--Nothing in this subsection shall be
construed to limit the authority of the Secretary under
section 702.
``(c) Extension Service.--The Secretary shall ensure
coordination with the extension activities of the National
Institute of Food and Agriculture of the Department of
Agriculture in advising producers and small processors
transitioning into new practices required as a result of the
enactment of the FDA Food Safety Modernization Act and
assisting regulated industry with compliance with such Act.
``(d) National Food Safety Training, Education, Extension,
Outreach, and Technical Assistance Program.--
``(1) In general.--In order to improve food safety and
reduce the incidence of foodborne illness, the Secretary
shall, not later than 180 days after the date of enactment of
the FDA Food Safety Modernization Act, enter into one or more
memoranda of understanding, or enter into other cooperative
agreements, with the Secretary of Agriculture to establish a
competitive grant program within the National Institute for
Food and Agriculture to provide food safety training,
education, extension, outreach, and technical assistance to--
``(A) owners and operators of farms;
``(B) small food processors; and
``(C) small fruit and vegetable merchant wholesalers.
``(2) Implementation.--The competitive grant program
established under paragraph (1) shall be carried out in
accordance with section 405 of the Agricultural Research,
Extension, and Education Reform Act of 1998.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this section for fiscal years 2011 through
2015.''.
(b) National Food Safety Training, Education, Extension,
Outreach, and Technical Assistance Program.--Title IV of the
Agricultural Research, Extension, and Education Reform Act of
1998 is amended by inserting after section 404 (7 U.S.C.
7624) the following:
``SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION,
EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE
PROGRAM.
``(a) In General.--The Secretary shall award grants under
this section to carry out the competitive grant program
established under section 1012(d) of the Federal Food, Drug,
and Cosmetic Act, pursuant to any memoranda of understanding
entered into under such section.
``(b) Integrated Approach.--The grant program described
under subsection (a) shall be carried out under this section
in a manner that facilitates the integration of food safety
standards and guidance with the variety of agricultural
production systems, encompassing conventional, sustainable,
organic, conservation, and environmental practices.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to projects that target small-
and medium-sized farms, beginning farmers, socially
disadvantaged farmers, small processors, or small fresh fruit
and vegetable merchant wholesalers.
``(d) Program Coordination.--
``(1) In general.--The Secretary shall coordinate
implementation of the grant program under this section with
the National Integrated Food Safety Initiative.
``(2) Interaction.--The Secretary shall--
``(A) in carrying out the grant program under this section,
take into consideration applied research, education, and
extension results obtained from the National Integrated Food
Safety Initiative; and
``(B) in determining the applied research agenda for the
National Integrated Food Safety Initiative, take into
consideration the needs articulated by participants in
projects funded by the program under this section.
``(e) Grants.--
``(1) In general.--In carrying out this section, the
Secretary shall make competitive grants to support training,
education, extension, outreach, and technical assistance
projects that will help improve public health by increasing
the understanding and adoption of established food safety
standards, guidance, and protocols.
``(2) Encouraged features.--The Secretary shall encourage
projects carried out using grant funds under this section to
include co-management of food safety, conservation systems,
and ecological health.
``(3) Maximum term and size of grant.--
``(A) In general.--A grant under this section shall have a
term that is not more than 3 years.
``(B) Limitation on grant funding.--The Secretary may not
provide grant funding to an entity under this section after
such entity has received 3 years of grant funding under this
section.
``(f) Grant Eligibility.--
``(1) In general.--To be eligible for a grant under this
section, an entity shall be--
``(A) a State cooperative extension service;
``(B) a Federal, State, local, or tribal agency, a
nonprofit community-based or nongovernmental organization, or
an organization representing owners and operators of farms,
small food processors, or small fruit and vegetable merchant
wholesalers that has a commitment to public health and
expertise in administering programs that contribute to food
safety;
``(C) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) or a foundation maintained by an institution of
higher education;
``(D) a collaboration of 2 or more eligible entities
described in this subsection; or
``(E) such other appropriate entity, as determined by the
Secretary.
``(2) Multistate partnerships.--Grants under this section
may be made for projects involving more than 1 State.
``(g) Regional Balance.--In making grants under this
section, the Secretary shall, to the maximum extent
practicable, ensure--
``(1) geographic diversity; and
``(2) diversity of types of agricultural production.
``(h) Technical Assistance.--The Secretary may use funds
made available under this section to provide technical
assistance to grant recipients to further the purposes of
this section.
``(i) Best Practices and Model Programs.--Based on
evaluations of, and responses arising from, projects funded
under this section, the Secretary may issue a set of
recommended best practices and models for food safety
training programs for agricultural producers, small food
processors, and small fresh fruit and vegetable merchant
wholesalers.
``(j) Authorization of Appropriations.--For the purposes of
making grants under
[[Page S9239]]
this section, there are authorized to be appropriated such
sums as may be necessary for fiscal years 2011 through
2015.''.
SEC. 6210. ENHANCING FOOD SAFETY.
(a) Grants To Enhance Food Safety.--Section 1009 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399) is
amended to read as follows:
``SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY.
``(a) In General.--The Secretary is authorized to make
grants to eligible entities to--
``(1) undertake examinations, inspections, investigations,
and related food safety activities under section 702;
``(2) train to the standards of the Secretary for the
examination, inspection, and investigation of food
manufacturing, processing, packing, holding, distribution,
and importation, including as such examination, inspection,
and investigation relate to retail food establishments;
``(3) build the food safety capacity of the laboratories of
such eligible entity, including the detection of zoonotic
diseases;
``(4) build the infrastructure and capacity of the food
safety programs of such eligible entity to meet the standards
as outlined in the grant application; and
``(5) take appropriate action to protect the public health
in response to--
``(A) a notification under section 1008, including planning
and otherwise preparing to take such action; or
``(B) a recall of food under this Act.
``(b) Eligible Entities; Application.--
``(1) In general.--In this section, the term `eligible
entity' means an entity--
``(A) that is--
``(i) a State;
``(ii) a locality;
``(iii) a territory;
``(iv) an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act); or
``(v) a nonprofit food safety training entity that
collaborates with 1 or more institutions of higher education;
and
``(B) that submits an application to the Secretary at such
time, in such manner, and including such information as the
Secretary may reasonably require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) an assurance that the eligible entity has developed
plans to engage in the types of activities described in
subsection (a);
``(B) a description of the types of activities to be funded
by the grant;
``(C) an itemization of how grant funds received under this
section will be expended;
``(D) a description of how grant activities will be
monitored; and
``(E) an agreement by the eligible entity to report
information required by the Secretary to conduct evaluations
under this section.
``(c) Limitations.--The funds provided under subsection (a)
shall be available to an eligible entity that receives a
grant under this section only to the extent such entity funds
the food safety programs of such entity independently of any
grant under this section in each year of the grant at a level
equal to the level of such funding in the previous year,
increased by the Consumer Price Index. Such non-Federal
matching funds may be provided directly or through donations
from public or private entities and may be in cash or in-
kind, fairly evaluated, including plant, equipment, or
services.
``(d) Additional Authority.--The Secretary may--
``(1) award a grant under this section in each subsequent
fiscal year without reapplication for a period of not more
than 3 years, provided the requirements of subsection (c) are
met for the previous fiscal year; and
``(2) award a grant under this section in a fiscal year for
which the requirement of subsection (c) has not been met only
if such requirement was not met because such funding was
diverted for response to 1 or more natural disasters or in
other extenuating circumstances that the Secretary may
determine appropriate.
``(e) Duration of Awards.--The Secretary may award grants
to an individual grant recipient under this section for
periods of not more than 3 years. In the event the Secretary
conducts a program evaluation, funding in the second year or
third year of the grant, where applicable, shall be
contingent on a successful program evaluation by the
Secretary after the first year.
``(f) Progress and Evaluation.--
``(1) In general.--The Secretary shall measure the status
and success of each grant program authorized under the FDA
Food Safety Modernization Act (and any amendment made by such
Act), including the grant program under this section. A
recipient of a grant described in the preceding sentence
shall, at the end of each grant year, provide the Secretary
with information on how grant funds were spent and the status
of the efforts by such recipient to enhance food safety. To
the extent practicable, the Secretary shall take the
performance of such a grant recipient into account when
determining whether to continue funding for such recipient.
``(2) No duplication.--In carrying out paragraph (1), the
Secretary shall not duplicate the efforts of the Secretary
under other provisions of this Act or the FDA Food Safety
Modernization Act that require measurement and review of the
activities of grant recipients under either such Act.
``(g) Supplement Not Supplant.--Grant funds received under
this section shall be used to supplement, and not supplant,
non-Federal funds and any other Federal funds available to
carry out the activities described in this section.
``(h) Authorization of Appropriations.--For the purpose of
making grants under this section, there are authorized to be
appropriated such sums as may be necessary for fiscal years
2011 through 2015.''.
(b) Centers of Excellence.--Part P of the Public Health
Service Act (42 U.S.C. 280g et seq.) is amended by adding at
the end the following:
``SEC. 399V-5. FOOD SAFETY INTEGRATED CENTERS OF EXCELLENCE.
``(a) In General.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention and in consultation with the
working group described in subsection (b)(2), shall designate
5 Integrated Food Safety Centers of Excellence (referred to
in this section as the `Centers of Excellence') to serve as
resources for Federal, State, and local public health
professionals to respond to foodborne illness outbreaks. The
Centers of Excellence shall be headquartered at selected
State health departments.
``(b) Selection of Centers of Excellence.--
``(1) Eligible entities.--To be eligible to be designated
as a Center of Excellence under subsection (a), an entity
shall--
``(A) be a State health department;
``(B) partner with 1 or more institutions of higher
education that have demonstrated knowledge, expertise, and
meaningful experience with regional or national food
production, processing, and distribution, as well as
leadership in the laboratory, epidemiological, and
environmental detection and investigation of foodborne
illness; and
``(C) provide to the Secretary such information, at such
time, and in such manner, as the Secretary may require.
``(2) Working group.--Not later than 180 days after the
date of enactment of the FDA Food Safety Modernization Act,
the Secretary shall establish a diverse working group of
experts and stakeholders from Federal, State, and local food
safety and health agencies, the food industry, including food
retailers and food manufacturers, consumer organizations, and
academia to make recommendations to the Secretary regarding
designations of the Centers of Excellence.
``(3) Additional centers of excellence.--The Secretary may
designate eligible entities to be regional Food Safety
Centers of Excellence, in addition to the 5 Centers
designated under subsection (a).
``(c) Activities.--Under the leadership of the Director of
the Centers for Disease Control and Prevention, each Center
of Excellence shall be based out of a selected State health
department, which shall provide assistance to other regional,
State, and local departments of health through activities
that include--
``(1) providing resources, including timely information
concerning symptoms and tests, for frontline health
professionals interviewing individuals as part of routine
surveillance and outbreak investigations;
``(2) providing analysis of the timeliness and
effectiveness of foodborne disease surveillance and outbreak
response activities;
``(3) providing training for epidemiological and
environmental investigation of foodborne illness, including
suggestions for streamlining and standardizing the
investigation process;
``(4) establishing fellowships, stipends, and scholarships
to train future epidemiological and food-safety leaders and
to address critical workforce shortages;
``(5) training and coordinating State and local personnel;
``(6) strengthening capacity to participate in existing or
new foodborne illness surveillance and environmental
assessment information systems; and
``(7) conducting research and outreach activities focused
on increasing prevention, communication, and education
regarding food safety.
``(d) Report to Congress.--Not later than 2 years after the
date of enactment of the FDA Food Safety Modernization Act,
the Secretary shall submit to Congress a report that--
``(1) describes the effectiveness of the Centers of
Excellence; and
``(2) provides legislative recommendations or describes
additional resources required by the Centers of Excellence.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
``(f) No Duplication of Effort.--In carrying out activities
of the Centers of Excellence or other programs under this
section, the Secretary shall not duplicate other Federal
foodborne illness response efforts.''.
SEC. 6211. IMPROVING THE REPORTABLE FOOD REGISTRY.
(a) In General.--Section 417 (21 U.S.C. 350f) is amended--
(1) by redesignating subsections (f) through (k) as
subsections (i) through (n), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Critical Information.--Except with respect to fruits
and vegetables that are raw agricultural commodities, not
more than 18 months after the date of enactment of the FDA
Food Safety Modernization Act, the Secretary may require a
responsible party to submit to the Secretary consumer-
oriented information regarding a reportable food, which shall
include--
[[Page S9240]]
``(1) a description of the article of food as provided in
subsection (e)(3);
``(2) as provided in subsection (e)(7), affected product
identification codes, such as UPC, SKU, or lot or batch
numbers sufficient for the consumer to identify the article
of food;
``(3) contact information for the responsible party as
provided in subsection (e)(8); and
``(4) any other information the Secretary determines is
necessary to enable a consumer to accurately identify whether
such consumer is in possession of the reportable food.
``(g) Grocery Store Notification.--
``(1) Action by secretary.--The Secretary shall--
``(A) prepare the critical information described under
subsection (f) for a reportable food as a standardized one-
page summary;
``(B) publish such one-page summary on the Internet website
of the Food and Drug Administration in a format that can be
easily printed by a grocery store for purposes of consumer
notification.
``(2) Action by grocery store.--A notification described
under paragraph (1)(B) shall include the date and time such
summary was posted on the Internet website of the Food and
Drug Administration.
``(h) Consumer Notification.--
``(1) In general.--If a grocery store sold a reportable
food that is the subject of the posting and such
establishment is part of chain of establishments with 15 or
more physical locations, then such establishment shall, not
later than 24 hours after a one page summary described in
subsection (g) is published, prominently display such summary
or the information from such summary via at least one of the
methods identified under paragraph (2) and maintain the
display for 14 days.
``(2) List of conspicuous locations.--Not more than 1 year
after the date of enactment of the FDA Food Safety
Modernization Act, the Secretary shall develop and publish a
list of acceptable conspicuous locations and manners, from
which grocery stores shall select at least one, for providing
the notification required in paragraph (1). Such list shall
include--
``(A) posting the notification at or near the register;
``(B) providing the location of the reportable food;
``(C) providing targeted recall information given to
customers upon purchase of a food; and
``(D) other such prominent and conspicuous locations and
manners utilized by grocery stores as of the date of the
enactment of the FDA Food Safety Modernization Act to provide
notice of such recalls to consumers as considered appropriate
by the Secretary.''.
(b) Prohibited Act.--Section 301 (21 U.S.C. 331), as
amended by section 6206, is amended by adding at the end the
following:
``(yy) The knowing and willful failure to comply with the
notification requirement under section 417(h).''.
(c) Conforming Amendment.--Section 301(e) (21 U.S.C.
331(e)) is amended by striking ``417(g)'' and inserting
``417(j)''.
TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD
SEC. 6301. FOREIGN SUPPLIER VERIFICATION PROGRAM.
(a) In General.--Chapter VIII (21 U.S.C. 381 et seq.) is
amended by adding at the end the following:
``SEC. 805. FOREIGN SUPPLIER VERIFICATION PROGRAM.
``(a) In General.--
``(1) Verification requirement.--Except as provided under
subsections (e) and (f), each importer shall perform risk-
based foreign supplier verification activities for the
purpose of verifying that the food imported by the importer
or agent of an importer is--
``(A) produced in compliance with the requirements of
section 418 or section 419, as appropriate; and
``(B) is not adulterated under section 402 or misbranded
under section 403(w).
``(2) Importer defined.--For purposes of this section, the
term `importer' means, with respect to an article of food--
``(A) the United States owner or consignee of the article
of food at the time of entry of such article into the United
States; or
``(B) in the case when there is no United States owner or
consignee as described in subparagraph (A), the United States
agent or representative of a foreign owner or consignee of
the article of food at the time of entry of such article into
the United States.
``(b) Guidance.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall issue guidance to assist importers in
developing foreign supplier verification programs.
``(c) Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall promulgate regulations to provide for the
content of the foreign supplier verification program
established under subsection (a).
``(2) Requirements.--The regulations promulgated under
paragraph (1)--
``(A) shall require that the foreign supplier verification
program of each importer be adequate to provide assurances
that each foreign supplier to the importer produces the
imported food in compliance with--
``(i) processes and procedures, including reasonably
appropriate risk-based preventive controls, that provide the
same level of public health protection as those required
under section 418 or section 419 (taking into consideration
variances granted under section 419), as appropriate; and
``(ii) section 402 and section 403(w).
``(B) shall include such other requirements as the
Secretary deems necessary and appropriate to verify that food
imported into the United States is as safe as food produced
and sold within the United States.
``(3) Considerations.--In promulgating regulations under
this subsection, the Secretary shall, as appropriate, take
into account differences among importers and types of
imported foods, including based on the level of risk posed by
the imported food.
``(4) Activities.--Verification activities under a foreign
supplier verification program under this section may include
monitoring records for shipments, lot-by-lot certification of
compliance, annual on-site inspections, checking the hazard
analysis and risk-based preventive control plan of the
foreign supplier, and periodically testing and sampling
shipments.
``(d) Record Maintenance and Access.--Records of an
importer related to a foreign supplier verification program
shall be maintained for a period of not less than 2 years and
shall be made available promptly to a duly authorized
representative of the Secretary upon request.
``(e) Exemption of Seafood, Juice, and Low-acid Canned Food
Facilities in Compliance With HACCP.--This section shall not
apply to a facility if the owner, operator, or agent in
charge of such facility is required to comply with, and is in
compliance with, 1 of the following standards and regulations
with respect to such facility:
``(1) The Seafood Hazard Analysis Critical Control Points
Program of the Food and Drug Administration.
``(2) The Juice Hazard Analysis Critical Control Points
Program of the Food and Drug Administration.
``(3) The Thermally Processed Low-Acid Foods Packaged in
Hermetically Sealed Containers standards of the Food and Drug
Administration (or any successor standards).
The exemption under paragraph (3) shall apply only with
respect to microbiological hazards that are regulated under
the standards for Thermally Processed Low-Acid Foods Packaged
in Hermetically Sealed Containers under part 113 of chapter
21, Code of Federal Regulations (or any successor
regulations).
``(f) Additional Exemptions.--The Secretary, by notice
published in the Federal Register, shall establish an
exemption from the requirements of this section for articles
of food imported in small quantities for research and
evaluation purposes or for personal consumption, provided
that such foods are not intended for retail sale and are not
sold or distributed to the public.
``(g) Publication of List of Participants.--The Secretary
shall publish and maintain on the Internet Web site of the
Food and Drug Administration a current list that includes the
name of, location of, and other information deemed necessary
by the Secretary about, importers participating under this
section.''.
(b) Prohibited Act.--Section 301 (21 U.S.C. 331), as
amended by section 6211, is amended by adding at the end the
following:
``(zz) The importation or offering for importation of a
food if the importer (as defined in section 805) does not
have in place a foreign supplier verification program in
compliance with such section 805.''.
(c) Imports.--Section 801(a) (21 U.S.C. 381(a)) is amended
by adding ``or the importer (as defined in section 805) is in
violation of such section 805'' after ``or in violation of
section 505''.
(d) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of enactment of this
Act.
SEC. 6302. VOLUNTARY QUALIFIED IMPORTER PROGRAM.
Chapter VIII (21 U.S.C. 381 et seq.), as amended by section
6301, is amended by adding at the end the following:
``SEC. 806. VOLUNTARY QUALIFIED IMPORTER PROGRAM.
``(a) In General.--Beginning not later than 18 months after
the date of enactment of the FDA Food Safety Modernization
Act, the Secretary shall--
``(1) establish a program, in consultation with the
Secretary of Homeland Security--
``(A) to provide for the expedited review and importation
of food offered for importation by importers who have
voluntarily agreed to participate in such program; and
``(B) consistent with section 808, establish a process for
the issuance of a facility certification to accompany food
offered for importation by importers who have voluntarily
agreed to participate in such program; and
``(2) issue a guidance document related to participation
in, revocation of such participation in, reinstatement in,
and compliance with, such program.
``(b) Voluntary Participation.--An importer may request the
Secretary to provide for the expedited review and importation
of designated foods in accordance with the program
established by the Secretary under subsection (a).
``(c) Notice of Intent To Participate.--An importer that
intends to participate in the program under this section in a
fiscal year shall submit a notice and application to the
Secretary of such intent at the time and in a manner
established by the Secretary.
``(d) Eligibility.--Eligibility shall be limited to an
importer offering food for importation from a facility that
has a certification
[[Page S9241]]
described in subsection (a). In reviewing the applications
and making determinations on such applications, the Secretary
shall consider the risk of the food to be imported based on
factors, such as the following:
``(1) The known safety risks of the food to be imported.
``(2) The compliance history of foreign suppliers used by
the importer, as appropriate.
``(3) The capability of the regulatory system of the
country of export to ensure compliance with United States
food safety standards for a designated food.
``(4) The compliance of the importer with the requirements
of section 805.
``(5) The recordkeeping, testing, inspections and audits of
facilities, traceability of articles of food, temperature
controls, and sourcing practices of the importer.
``(6) The potential risk for intentional adulteration of
the food.
``(7) Any other factor that the Secretary determines
appropriate.
``(e) Review and Revocation.--Any importer qualified by the
Secretary in accordance with the eligibility criteria set
forth in this section shall be reevaluated not less often
than once every 3 years and the Secretary shall promptly
revoke the qualified importer status of any importer found
not to be in compliance with such criteria.
``(f) False Statements.--Any statement or representation
made by an importer to the Secretary shall be subject to
section 1001 of title 18, United States Code.
``(g) Definition.--For purposes of this section, the term
`importer' means the person that brings food, or causes food
to be brought, from a foreign country into the customs
territory of the United States.''.
SEC. 6303. AUTHORITY TO REQUIRE IMPORT CERTIFICATIONS FOR
FOOD.
(a) In General.--Section 801(a) (21 U.S.C. 381(a)) is
amended by inserting after the third sentence the following:
``With respect to an article of food, if importation of such
food is subject to, but not compliant with, the requirement
under subsection (q) that such food be accompanied by a
certification or other assurance that the food meets
applicable requirements of this Act, then such article shall
be refused admission.''.
(b) Addition of Certification Requirement.--Section 801 (21
U.S.C. 381) is amended by adding at the end the following new
subsection:
``(q) Certifications Concerning Imported Foods.--
``(1) In general.--The Secretary may require, as a
condition of granting admission to an article of food
imported or offered for import into the United States, that
an entity described in paragraph (3) provide a certification,
or such other assurances as the Secretary determines
appropriate, that the article of food complies with
applicable requirements of this Act. Such certification or
assurances may be provided in the form of shipment-specific
certificates, a listing of certified facilities that
manufacture, process, pack, or hold such food, or in such
other form as the Secretary may specify.
``(2) Factors to be considered in requiring
certification.--The Secretary shall base the determination
that an article of food is required to have a certification
described in paragraph (1) on the risk of the food,
including--
``(A) known safety risks associated with the food;
``(B) known food safety risks associated with the country,
territory, or region of origin of the food;
``(C) a finding by the Secretary, supported by scientific,
risk-based evidence, that--
``(i) the food safety programs, systems, and standards in
the country, territory, or region of origin of the food are
inadequate to ensure that the article of food is as safe as a
similar article of food that is manufactured, processed,
packed, or held in the United States in accordance with the
requirements of this Act; and
``(ii) the certification would assist the Secretary in
determining whether to refuse or admit the article of food
under subsection (a); and
``(D) information submitted to the Secretary in accordance
with the process established in paragraph (7).
``(3) Certifying entities.--For purposes of paragraph (1),
entities that shall provide the certification or assurances
described in such paragraph are--
``(A) an agency or a representative of the government of
the country from which the article of food at issue
originated, as designated by the Secretary; or
``(B) such other persons or entities accredited pursuant to
section 808 to provide such certification or assurance.
``(4) Renewal and refusal of certifications.--The Secretary
may--
``(A) require that any certification or other assurance
provided by an entity specified in paragraph (2) be renewed
by such entity at such times as the Secretary determines
appropriate; and
``(B) refuse to accept any certification or assurance if
the Secretary determines that such certification or assurance
is not valid or reliable.
``(5) Electronic submission.--The Secretary shall provide
for the electronic submission of certifications under this
subsection.
``(6) False statements.--Any statement or representation
made by an entity described in paragraph (2) to the Secretary
shall be subject to section 1001 of title 18, United States
Code.
``(7) Assessment of food safety programs, systems, and
standards.--If the Secretary determines that the food safety
programs, systems, and standards in a foreign region,
country, or territory are inadequate to ensure that an
article of food is as safe as a similar article of food that
is manufactured, processed, packed, or held in the United
States in accordance with the requirements of this Act, the
Secretary shall, to the extent practicable, identify such
inadequacies and establish a process by which the foreign
region, country, or territory may inform the Secretary of
improvements made to such food safety program, system, or
standard and demonstrate that those controls are adequate to
ensure that an article of food is as safe as a similar
article of food that is manufactured, processed, packed, or
held in the United States in accordance with the requirements
of this Act.''.
(c) Conforming Technical Amendment.--Section 801(b) (21
U.S.C. 381(b)) is amended in the second sentence by striking
``with respect to an article included within the provision of
the fourth sentence of subsection (a)'' and inserting ``with
respect to an article described in subsection (a) relating to
the requirements of sections 760 or 761,''.
(d) No Limit on Authority.--Nothing in the amendments made
by this section shall limit the authority of the Secretary to
conduct inspections of imported food or to take such other
steps as the Secretary deems appropriate to determine the
admissibility of imported food.
SEC. 6304. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS.
(a) In General.--Section 801(m)(1) (21 U.S.C. 381(m)(1)) is
amended by inserting ``any country to which the article has
been refused entry;'' after ``the country from which the
article is shipped;''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue an interim
final rule amending subpart I of part 1 of title 21, Code of
Federal Regulations, to implement the amendment made by this
section.
(c) Effective Date.--The amendment made by this section
shall take effect 180 days after the date of enactment of
this Act.
SEC. 6305. BUILDING CAPACITY OF FOREIGN GOVERNMENTS WITH
RESPECT TO FOOD SAFETY.
(a) In General.--The Secretary shall, not later than 2
years of the date of enactment of this Act, develop a
comprehensive plan to expand the technical, scientific, and
regulatory food safety capacity of foreign governments, and
their respective food industries, from which foods are
exported to the United States.
(b) Consultation.--In developing the plan under subsection
(a), the Secretary shall consult with the Secretary of
Agriculture, Secretary of State, Secretary of the Treasury,
the Secretary of Homeland Security, the United States Trade
Representative, and the Secretary of Commerce,
representatives of the food industry, appropriate foreign
government officials, nongovernmental organizations that
represent the interests of consumers, and other stakeholders.
(c) Plan.--The plan developed under subsection (a) shall
include, as appropriate, the following:
(1) Recommendations for bilateral and multilateral
arrangements and agreements, including provisions to provide
for responsibility of exporting countries to ensure the
safety of food.
(2) Provisions for secure electronic data sharing.
(3) Provisions for mutual recognition of inspection
reports.
(4) Training of foreign governments and food producers on
United States requirements for safe food.
(5) Recommendations on whether and how to harmonize
requirements under the Codex Alimentarius.
(6) Provisions for the multilateral acceptance of
laboratory methods and testing and detection techniques.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect the regulation of dietary supplements
under the Dietary Supplement Health and Education Act of 1994
(Public Law 103-417).
SEC. 6306. INSPECTION OF FOREIGN FOOD FACILITIES.
(a) In General.--Chapter VIII (21 U.S.C. 381 et seq.), as
amended by section 6302, is amended by inserting at the end
the following:
``SEC. 807. INSPECTION OF FOREIGN FOOD FACILITIES.
``(a) Inspection.--The Secretary--
``(1) may enter into arrangements and agreements with
foreign governments to facilitate the inspection of foreign
facilities registered under section 415; and
``(2) shall direct resources to inspections of foreign
facilities, suppliers, and food types, especially such
facilities, suppliers, and food types that present a high
risk (as identified by the Secretary), to help ensure the
safety and security of the food supply of the United States.
``(b) Effect of Inability To Inspect.--Notwithstanding any
other provision of law, food shall be refused admission into
the United States if it is from a foreign factory, warehouse,
or other establishment of which the owner, operator, or agent
in charge, or the government of the foreign country, refuses
to permit entry of United States inspectors or other
individuals duly designated by the Secretary, upon request,
to inspect such factory, warehouse, or other establishment.
For purposes of this subsection, such
[[Page S9242]]
an owner, operator, or agent in charge shall be considered to
have refused an inspection if such owner, operator, or agent
in charge does not permit an inspection of a factory,
warehouse, or other establishment during the 24-hour period
after such request is submitted, or after such other time
period, as agreed upon by the Secretary and the foreign
factory, warehouse, or other establishment.''.
(b) Inspection by the Secretary of Commerce.--
(1) In general.--The Secretary of Commerce, in coordination
with the Secretary of Health and Human Services, may send 1
or more inspectors to a country or facility of an exporter
from which seafood imported into the United States
originates. The inspectors shall assess practices and
processes used in connection with the farming, cultivation,
harvesting, preparation for market, or transportation of such
seafood and may provide technical assistance related to such
activities.
(2) Inspection report.--
(A) In general.--The Secretary of Health and Human
Services, in coordination with the Secretary of Commerce,
shall--
(i) prepare an inspection report for each inspection
conducted under paragraph (1);
(ii) provide the report to the country or exporter that is
the subject of the report; and
(iii) provide a 30-day period during which the country or
exporter may provide a rebuttal or other comments on the
findings of the report to the Secretary of Health and Human
Services.
(B) Distribution and use of report.--The Secretary of
Health and Human Services shall consider the inspection
reports described in subparagraph (A) in distributing
inspection resources under section 421 of the Federal Food,
Drug, and Cosmetic Act, as added by section 6201.
SEC. 6307. ACCREDITATION OF THIRD-PARTY AUDITORS.
Chapter VIII (21 U.S.C. 381 et seq.), as amended by section
6306, is amended by adding at the end the following:
``SEC. 808. ACCREDITATION OF THIRD-PARTY AUDITORS.
``(a) Definitions.--In this section:
``(1) Audit agent.--The term `audit agent' means an
individual who is an employee or agent of an accredited
third-party auditor and, although not individually
accredited, is qualified to conduct food safety audits on
behalf of an accredited third-party auditor.
``(2) Accreditation body.--The term `accreditation body'
means an authority that performs accreditation of third-party
auditors.
``(3) Third-party auditor.--The term `third-party auditor'
means a foreign government, agency of a foreign government,
foreign cooperative, or any other third party, as the
Secretary determines appropriate in accordance with the model
standards described in subsection (b)(2), that is eligible to
be considered for accreditation to conduct food safety audits
to certify that eligible entities meet the applicable
requirements of this section. A third-party auditor may be a
single individual. A third-party auditor may employ or use
audit agents to help conduct consultative and regulatory
audits.
``(4) Accredited third-party auditor.--The term `accredited
third-party auditor' means a third-party auditor accredited
by an accreditation body to conduct audits of eligible
entities to certify that such eligible entities meet the
applicable requirements of this section. An accredited third-
party auditor may be an individual who conducts food safety
audits to certify that eligible entities meet the applicable
requirements of this section.
``(5) Consultative audit.--The term `consultative audit'
means an audit of an eligible entity--
``(A) to determine whether such entity is in compliance
with the provisions of this Act and with applicable industry
standards and practices; and
``(B) the results of which are for internal purposes only.
``(6) Eligible entity.--The term `eligible entity' means a
foreign entity, including a foreign facility registered under
section 415, in the food import supply chain that chooses to
be audited by an accredited third-party auditor or the audit
agent of such accredited third-party auditor.
``(7) Regulatory audit.--The term `regulatory audit' means
an audit of an eligible entity--
``(A) to determine whether such entity is in compliance
with the provisions of this Act; and
``(B) the results of which determine--
``(i) whether an article of food manufactured, processed,
packed, or held by such entity is eligible to receive a food
certification under section 801(q); or
``(ii) whether a facility is eligible to receive a facility
certification under section 806(a) for purposes of
participating in the program under section 806.
``(b) Accreditation System.--
``(1) Accreditation bodies.--
``(A) Recognition of accreditation bodies.--
``(i) In general.--Not later than 2 years after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall establish a system for the recognition of
accreditation bodies that accredit third-party auditors to
certify that eligible entities meet the applicable
requirements of this section.
``(ii) Direct accreditation.--If, by the date that is 2
years after the date of establishment of the system described
in clause (i), the Secretary has not identified and
recognized an accreditation body to meet the requirements of
this section, the Secretary may directly accredit third-party
auditors.
``(B) Notification.--Each accreditation body recognized by
the Secretary shall submit to the Secretary a list of all
accredited third-party auditors accredited by such body and
the audit agents of such auditors.
``(C) Revocation of recognition as an accreditation body.--
The Secretary shall promptly revoke the recognition of any
accreditation body found not to be in compliance with the
requirements of this section.
``(D) Reinstatement.--The Secretary shall establish
procedures to reinstate recognition of an accreditation body
if the Secretary determines, based on evidence presented by
such accreditation body, that revocation was inappropriate or
that the body meets the requirements for recognition under
this section.
``(2) Model accreditation standards.--Not later than 18
months after the date of enactment of the FDA Food Safety
Modernization Act, the Secretary shall develop model
standards, including requirements for regulatory audit
reports, and each recognized accreditation body shall ensure
that third-party auditors and audit agents of such auditors
meet such standards in order to qualify such third-party
auditors as accredited third-party auditors under this
section. In developing the model standards, the Secretary
shall look to standards in place on the date of the enactment
of this section for guidance, to avoid unnecessary
duplication of efforts and costs.
``(c) Third-party Auditors.--
``(1) Requirements for accreditation as a third-party
auditor.--
``(A) Foreign governments.--Prior to accrediting a foreign
government or an agency of a foreign government as an
accredited third-party auditor, the accreditation body (or,
in the case of direct accreditation under subsection
(b)(1)(A)(ii), the Secretary) shall perform such reviews and
audits of food safety programs, systems, and standards of the
government or agency of the government as the Secretary deems
necessary, including requirements under the model standards
developed under subsection (b)(2), to determine that the
foreign government or agency of the foreign government is
capable of adequately ensuring that eligible entities or
foods certified by such government or agency meet the
requirements of this Act with respect to food manufactured,
processed, packed, or held for import into the United States.
``(B) Foreign cooperatives and other third parties.--Prior
to accrediting a foreign cooperative that aggregates the
products of growers or processors, or any other third party
to be an accredited third-party auditor, the accreditation
body (or, in the case of direct accreditation under
subsection (b)(1)(A)(ii), the Secretary) shall perform such
reviews and audits of the training and qualifications of
audit agents used by that cooperative or party and conduct
such reviews of internal systems and such other investigation
of the cooperative or party as the Secretary deems necessary,
including requirements under the model standards developed
under subsection (b)(2), to determine that each eligible
entity certified by the cooperative or party has systems and
standards in use to ensure that such entity or food meets the
requirements of this Act.
``(2) Requirement to issue certification of eligible
entities or foods.--
``(A) In general.--An accreditation body (or, in the case
of direct accreditation under subsection (b)(1)(A)(ii), the
Secretary) may not accredit a third-party auditor unless such
third-party auditor agrees to issue a written and, as
appropriate, electronic food certification, described in
section 801(q), or facility certification under section
806(a), as appropriate, to accompany each food shipment for
import into the United States from an eligible entity,
subject to requirements set forth by the Secretary. Such
written or electronic certification may be included with
other documentation regarding such food shipment. The
Secretary shall consider certifications under section 801(q)
and participation in the voluntary qualified importer program
described in section 806 when targeting inspection resources
under section 421.
``(B) Purpose of certification.--The Secretary shall use
certification provided by accredited third-party auditors
to--
``(i) determine, in conjunction with any other assurances
the Secretary may require under section 801(q), whether a
food satisfies the requirements of such section; and
``(ii) determine whether a facility is eligible to be a
facility from which food may be offered for import under the
voluntary qualified importer program under section 806.
``(C) Requirements for issuing certification.--
``(i) In general.--An accredited third-party auditor shall
issue a food certification under section 801(q) or a facility
certification described under subparagraph (B) only after
conducting a regulatory audit and such other activities that
may be necessary to establish compliance with the
requirements of such sections.
``(ii) Provision of certification.--Only an accredited
third-party auditor or the Secretary may provide a facility
certification under section 806(a). Only those parties
described in 801(q)(3) or the Secretary may provide a food
certification under 301(g).
[[Page S9243]]
``(3) Audit report submission requirements.--
``(A) Requirements in general.--As a condition of
accreditation, not later than 45 days after conducting an
audit, an accredited third-party auditor or audit agent of
such auditor shall prepare, and, in the case of a regulatory
audit, submit, the audit report for each audit conducted, in
a form and manner designated by the Secretary, which shall
include--
``(i) the identity of the persons at the audited eligible
entity responsible for compliance with food safety
requirements;
``(ii) the dates of the audit;
``(iii) the scope of the audit; and
``(iv) any other information required by the Secretary that
relates to or may influence an assessment of compliance with
this Act.
``(B) Records.--Following any accreditation of a third-
party auditor, the Secretary may, at any time, require the
accredited third-party auditor to submit to the Secretary an
onsite audit report and such other reports or documents
required as part of the audit process, for any eligible
entity certified by the third-party auditor or audit agent of
such auditor. Such report may include documentation that the
eligible entity is in compliance with any applicable
registration requirements.
``(C) Limitation.--The requirement under subparagraph (B)
shall not include any report or other documents resulting
from a consultative audit by the accredited third-party
auditor, except that the Secretary may access the results of
a consultative audit in accordance with section 414.
``(4) Requirements of accredited third-party auditors and
audit agents of such auditors.--
``(A) Risks to public health.--If, at any time during an
audit, an accredited third-party auditor or audit agent of
such auditor discovers a condition that could cause or
contribute to a serious risk to the public health, such
auditor shall immediately notify the Secretary of--
``(i) the identification of the eligible entity subject to
the audit; and
``(ii) such condition.
``(B) Types of audits.--An accredited third-party auditor
or audit agent of such auditor may perform consultative and
regulatory audits of eligible entities.
``(C) Limitations.--
``(i) In general.--An accredited third-party auditor may
not perform a regulatory audit of an eligible entity if such
agent has performed a consultative audit or a regulatory
audit of such eligible entity during the previous 13-month
period.
``(ii) Waiver.--The Secretary may waive the application of
clause (i) if the Secretary determines that there is
insufficient access to accredited third-party auditors in a
country or region.
``(5) Conflicts of interest.--
``(A) Third-party auditors.--An accredited third-party
auditor shall--
``(i) not be owned, managed, or controlled by any person
that owns or operates an eligible entity to be certified by
such auditor;
``(ii) in carrying out audits of eligible entities under
this section, have procedures to ensure against the use of
any officer or employee of such auditor that has a financial
conflict of interest regarding an eligible entity to be
certified by such auditor; and
``(iii) annually make available to the Secretary
disclosures of the extent to which such auditor and the
officers and employees of such auditor have maintained
compliance with clauses (i) and (ii) relating to financial
conflicts of interest.
``(B) Audit agents.--An audit agent shall--
``(i) not own or operate an eligible entity to be audited
by such agent;
``(ii) in carrying out audits of eligible entities under
this section, have procedures to ensure that such agent does
not have a financial conflict of interest regarding an
eligible entity to be audited by such agent; and
``(iii) annually make available to the Secretary
disclosures of the extent to which such agent has maintained
compliance with clauses (i) and (ii) relating to financial
conflicts of interest.
``(C) Regulations.--The Secretary shall promulgate
regulations not later than 18 months after the date of
enactment of the FDA Food Safety Modernization Act to
implement this section and to ensure that there are
protections against conflicts of interest between an
accredited third-party auditor and the eligible entity to be
certified by such auditor or audited by such audit agent.
Such regulations shall include--
``(i) requiring that audits performed under this section be
unannounced;
``(ii) a structure to decrease the potential for conflicts
of interest, including timing and public disclosure, for fees
paid by eligible entities to accredited third-party auditors;
and
``(iii) appropriate limits on financial affiliations
between an accredited third-party auditor or audit agents of
such auditor and any person that owns or operates an eligible
entity to be certified by such auditor, as described in
subparagraphs (A) and (B).
``(6) Withdrawal of accreditation.--
``(A) In general.--The Secretary shall withdraw
accreditation from an accredited third-party auditor--
``(i) if food certified under section 801(q) or from a
facility certified under paragraph (2)(B) by such third-party
auditor is linked to an outbreak of foodborne illness that
has a reasonable probability of causing serious adverse
health consequences or death in humans or animals;
``(ii) following an evaluation and finding by the Secretary
that the third-party auditor no longer meets the requirements
for accreditation; or
``(iii) following a refusal to allow United States
officials to conduct such audits and investigations as may be
necessary to ensure continued compliance with the
requirements set forth in this section.
``(B) Additional basis for withdrawal of accreditation.--
The Secretary may withdraw accreditation from an accredited
third-party auditor in the case that such third-party auditor
is accredited by an accreditation body for which recognition
as an accreditation body under subsection (b)(1)(C) is
revoked, if the Secretary determines that there is good cause
for the withdrawal.
``(C) Exception.--The Secretary may waive the application
of subparagraph (A)(i) if the Secretary--
``(i) conducts an investigation of the material facts
related to the outbreak of human or animal illness; and
``(ii) reviews the steps or actions taken by the third-
party auditor to justify the certification and determines
that the accredited third-party auditor satisfied the
requirements under section 801(q) of certifying the food, or
the requirements under paragraph (2)(B) of certifying the
entity.
``(7) Reaccreditation.--The Secretary shall establish
procedures to reinstate the accreditation of a third-party
auditor for which accreditation has been withdrawn under
paragraph (6)--
``(A) if the Secretary determines, based on evidence
presented, that the third-party auditor satisfies the
requirements of this section and adequate grounds for
revocation no longer exist; and
``(B) in the case of a third-party auditor accredited by an
accreditation body for which recognition as an accreditation
body under subsection (b)(1)(C) is revoked--
``(i) if the third-party auditor becomes accredited not
later than 1 year after revocation of accreditation under
paragraph (6)(A), through direct accreditation under
subsection (b)(1)(A)(ii) or by an accreditation body in good
standing; or
``(ii) under such conditions as the Secretary may require
for a third-party auditor under paragraph (6)(B).
``(8) Neutralizing costs.--The Secretary shall establish by
regulation a reimbursement (user fee) program, similar to the
method described in section 203(h) of the Agriculture
Marketing Act of 1946, by which the Secretary assesses fees
and requires accredited third-party auditors and audit agents
to reimburse the Food and Drug Administration for the work
performed to establish and administer the accreditation
system under this section. The Secretary shall make operating
this program revenue-neutral and shall not generate surplus
revenue from such a reimbursement mechanism. Fees authorized
under this paragraph shall be collected and available for
obligation only to the extent and in the amount provided in
advance in appropriation Acts. Such fees are authorized to
remain available until expended.
``(d) Recertification of Eligible Entities.--An eligible
entity shall apply for annual recertification by an
accredited third-party auditor if such entity--
``(1) intends to participate in voluntary qualified
importer program under section 806; or
``(2) is required to provide to the Secretary a
certification under section 801(q) for any food from such
entity.
``(e) False Statements.--Any statement or representation
made--
``(1) by an employee or agent of an eligible entity to an
accredited third-party auditor or audit agent; or
``(2) by an accredited third-party auditor to the
Secretary,
shall be subject to section 1001 of title 18, United States
Code.
``(f) Monitoring.--To ensure compliance with the
requirements of this section, the Secretary shall--
``(1) periodically, or at least once every 4 years,
reevaluate the accreditation bodies described in subsection
(b)(1);
``(2) periodically, or at least once every 4 years,
evaluate the performance of each accredited third-party
auditor, through the review of regulatory audit reports by
such auditors, the compliance history as available of
eligible entities certified by such auditors, and any other
measures deemed necessary by the Secretary;
``(3) at any time, conduct an onsite audit of any eligible
entity certified by an accredited third-party auditor, with
or without the auditor present; and
``(4) take any other measures deemed necessary by the
Secretary.
``(g) Publicly Available Registry.--The Secretary shall
establish a publicly available registry of accreditation
bodies and of accredited third-party auditors, including the
name of, contact information for, and other information
deemed necessary by the Secretary about such bodies and
auditors.
``(h) Limitations.--
``(1) No effect on section 704 inspections.--The audits
performed under this section shall not be considered
inspections under section 704.
``(2) No effect on inspection authority.--Nothing in this
section affects the authority of the Secretary to inspect any
eligible entity pursuant to this Act.''.
[[Page S9244]]
SEC. 6308. FOREIGN OFFICES OF THE FOOD AND DRUG
ADMINISTRATION.
(a) In General.--The Secretary shall establish offices of
the Food and Drug Administration in foreign countries
selected by the Secretary, to provide assistance to the
appropriate governmental entities of such countries with
respect to measures to provide for the safety of articles of
food and other products regulated by the Food and Drug
Administration exported by such country to the United States,
including by directly conducting risk-based inspections of
such articles and supporting such inspections by such
governmental entity.
(b) Consultation.--In establishing the foreign offices
described in subsection (a), the Secretary shall consult with
the Secretary of State, the Secretary of Homeland Security,
and the United States Trade Representative.
(c) Report.--Not later than October 1, 2011, the Secretary
shall submit to Congress a report on the basis for the
selection by the Secretary of the foreign countries in which
the Secretary established offices, the progress which such
offices have made with respect to assisting the governments
of such countries in providing for the safety of articles of
food and other products regulated by the Food and Drug
Administration exported to the United States, and the plans
of the Secretary for establishing additional foreign offices
of the Food and Drug Administration, as appropriate.
SEC. 6309. SMUGGLED FOOD.
(a) In General.--Not later than 180 days after the
enactment of this Act, the Secretary shall, in coordination
with the Secretary of Homeland Security, develop and
implement a strategy to better identify smuggled food and
prevent entry of such food into the United States.
(b) Notification to Homeland Security.--Not later than 10
days after the Secretary identifies a smuggled food that the
Secretary believes would cause serious adverse health
consequences or death to humans or animals, the Secretary
shall provide to the Secretary of Homeland Security a
notification under section 417(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 350f(k)) describing the smuggled
food and, if available, the names of the individuals or
entities that attempted to import such food into the United
States.
(c) Public Notification.--If the Secretary--
(1) identifies a smuggled food;
(2) reasonably believes exposure to the food would cause
serious adverse health consequences or death to humans or
animals; and
(3) reasonably believes that the food has entered domestic
commerce and is likely to be consumed,
the Secretary shall promptly issue a press release describing
that food and shall use other emergency communication or
recall networks, as appropriate, to warn consumers and
vendors about the potential threat.
(d) Effect of Section.--Nothing in this section shall
affect the authority of the Secretary to issue public
notifications under other circumstances.
(e) Definition.--In this subsection, the term ``smuggled
food'' means any food that a person introduces into the
United States through fraudulent means or with the intent to
defraud or mislead.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 6401. FUNDING FOR FOOD SAFETY.
(a) In General.--There are authorized to be appropriated to
carry out the activities of the Center for Food Safety and
Applied Nutrition, the Center for Veterinary Medicine, and
related field activities in the Office of Regulatory Affairs
of the Food and Drug Administration such sums as may be
necessary for fiscal years 2011 through 2015.
(b) Increased Number of Field Staff.--
(1) In general.--To carry out the activities of the Center
for Food Safety and Applied Nutrition, the Center for
Veterinary Medicine, and related field activities of the
Office of Regulatory Affairs of the Food and Drug
Administration, the Secretary of Health and Human Services
shall increase the field staff of such Centers and Office
with a goal of not fewer than--
(A) 4,000 staff members in fiscal year 2011;
(B) 4,200 staff members in fiscal year 2012;
(C) 4,600 staff members in fiscal year 2013; and
(D) 5,000 staff members in fiscal year 2014.
(2) Field staff for food defense.--The goal under paragraph
(1) shall include an increase of 150 employees by fiscal year
2011 to--
(A) provide additional detection of and response to food
defense threats; and
(B) detect, track, and remove smuggled food (as defined in
section 6309) from commerce.
SEC. 6402. EMPLOYEE PROTECTIONS.
Chapter X of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 391 et seq.), as amended by section 6209, is further
amended by adding at the end the following:
``SEC. 1013. EMPLOYEE PROTECTIONS.
``(a) In General.--No entity engaged in the manufacture,
processing, packing, transporting, distribution, reception,
holding, or importation of food may discharge an employee or
otherwise discriminate against an employee with respect to
compensation, terms, conditions, or privileges of employment
because the employee, whether at the employee's initiative or
in the ordinary course of the employee's duties (or any
person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided to the employer, the Federal
Government, or the attorney general of a State information
relating to any violation of, or any act or omission the
employee reasonably believes to be a violation of any
provision of this Act or any order, rule, regulation,
standard, or ban under this Act, or any order, rule,
regulation, standard, or ban under this Act;
``(2) testified or is about to testify in a proceeding
concerning such violation;
``(3) assisted or participated or is about to assist or
participate in such a proceeding; or
``(4) objected to, or refused to participate in, any
activity, policy, practice, or assigned task that the
employee (or other such person) reasonably believed to be in
violation of any provision of this Act, or any order, rule,
regulation, standard, or ban under this Act.
``(b) Process.--
``(1) In general.--A person who believes that he or she has
been discharged or otherwise discriminated against by any
person in violation of subsection (a) may, not later than 180
days after the date on which such violation occurs, file (or
have any person file on his or her behalf) a complaint with
the Secretary of Labor (referred to in this section as the
`Secretary') alleging such discharge or discrimination and
identifying the person responsible for such act. Upon receipt
of such a complaint, the Secretary shall notify, in writing,
the person named in the complaint of the filing of the
complaint, of the allegations contained in the complaint, of
the substance of evidence supporting the complaint, and of
the opportunities that will be afforded to such person under
paragraph (2).
``(2) Investigation.--
``(A) In general.--Not later than 60 days after the date of
receipt of a complaint filed under paragraph (1) and after
affording the complainant and the person named in the
complaint an opportunity to submit to the Secretary a written
response to the complaint and an opportunity to meet with a
representative of the Secretary to present statements from
witnesses, the Secretary shall initiate an investigation and
determine whether there is reasonable cause to believe that
the complaint has merit and notify, in writing, the
complainant and the person alleged to have committed a
violation of subsection (a) of the Secretary's findings.
``(B) Reasonable cause found; preliminary order.--If the
Secretary concludes that there is reasonable cause to believe
that a violation of subsection (a) has occurred, the
Secretary shall accompany the Secretary's findings with a
preliminary order providing the relief prescribed by
paragraph (3)(B). Not later than 30 days after the date of
notification of findings under this paragraph, the person
alleged to have committed the violation or the complainant
may file objections to the findings or preliminary order, or
both, and request a hearing on the record. The filing of such
objections shall not operate to stay any reinstatement remedy
contained in the preliminary order. Any such hearing shall be
conducted expeditiously. If a hearing is not requested in
such 30-day period, the preliminary order shall be deemed a
final order that is not subject to judicial review.
``(C) Dismissal of complaint.--
``(i) Standard for complainant.--The Secretary shall
dismiss a complaint filed under this subsection and shall not
conduct an investigation otherwise required under
subparagraph (A) unless the complainant makes a prima facie
showing that any behavior described in paragraphs (1) through
(4) of subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the complaint.
``(ii) Standard for employer.--Notwithstanding a finding by
the Secretary that the complainant has made the showing
required under clause (i), no investigation otherwise
required under subparagraph (A) shall be conducted if the
employer demonstrates, by clear and convincing evidence, that
the employer would have taken the same unfavorable personnel
action in the absence of that behavior.
``(iii) Violation standard.--The Secretary may determine
that a violation of subsection (a) has occurred only if the
complainant demonstrates that any behavior described in
paragraphs (1) through (4) of subsection (a) was a
contributing factor in the unfavorable personnel action
alleged in the complaint.
``(iv) Relief standard.--Relief may not be ordered under
subparagraph (A) if the employer demonstrates by clear and
convincing evidence that the employer would have taken the
same unfavorable personnel action in the absence of that
behavior.
``(3) Final order.--
``(A) In general.--Not later than 120 days after the date
of conclusion of any hearing under paragraph (2), the
Secretary shall issue a final order providing the relief
prescribed by this paragraph or denying the complaint. At any
time before issuance of a final order, a proceeding under
this subsection may be terminated on the basis of a
settlement agreement entered into by the Secretary, the
complainant, and the person alleged to have committed the
violation.
``(B) Content of order.--If, in response to a complaint
filed under paragraph (1), the Secretary determines that a
violation of subsection (a) has occurred, the Secretary shall
order the person who committed such violation--
``(i) to take affirmative action to abate the violation;
[[Page S9245]]
``(ii) to reinstate the complainant to his or her former
position together with compensation (including back pay) and
restore the terms, conditions, and privileges associated with
his or her employment; and
``(iii) to provide compensatory damages to the complainant.
``(C) Penalty.--If such an order is issued under this
paragraph, the Secretary, at the request of the complainant,
shall assess against the person against whom the order is
issued a sum equal to the aggregate amount of all costs and
expenses (including attorneys' and expert witness fees)
reasonably incurred, as determined by the Secretary, by the
complainant for, or in connection with, the bringing of the
complaint upon which the order was issued.
``(D) Bad faith claim.--If the Secretary finds that a
complaint under paragraph (1) is frivolous or has been
brought in bad faith, the Secretary may award to the
prevailing employer a reasonable attorneys' fee, not
exceeding $1,000, to be paid by the complainant.
``(4) Action in court.--
``(A) In general.--If the Secretary has not issued a final
decision within 210 days after the filing of the complaint,
or within 90 days after receiving a written determination,
the complainant may bring an action at law or equity for de
novo review in the appropriate district court of the United
States with jurisdiction, which shall have jurisdiction over
such an action without regard to the amount in controversy,
and which action shall, at the request of either party to
such action, be tried by the court with a jury. The
proceedings shall be governed by the same legal burdens of
proof specified in paragraph (2)(C).
``(B) Relief.--The court shall have jurisdiction to grant
all relief necessary to make the employee whole, including
injunctive relief and compensatory damages, including--
``(i) reinstatement with the same seniority status that the
employee would have had, but for the discharge or
discrimination;
``(ii) the amount of back pay, with interest; and
``(iii) compensation for any special damages sustained as a
result of the discharge or discrimination, including
litigation costs, expert witness fees, and reasonable
attorney's fees.
``(5) Review.--
``(A) In general.--Unless the complainant brings an action
under paragraph (4), any person adversely affected or
aggrieved by a final order issued under paragraph (3) may
obtain review of the order in the United States Court of
Appeals for the circuit in which the violation, with respect
to which the order was issued, allegedly occurred or the
circuit in which the complainant resided on the date of such
violation. The petition for review must be filed not later
than 60 days after the date of the issuance of the final
order of the Secretary. Review shall conform to chapter 7 of
title 5, United States Code. The commencement of proceedings
under this subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
``(B) No judicial review.--An order of the Secretary with
respect to which review could have been obtained under
subparagraph (A) shall not be subject to judicial review in
any criminal or other civil proceeding.
``(6) Failure to comply with order.--Whenever any person
has failed to comply with an order issued under paragraph
(3), the Secretary may file a civil action in the United
States district court for the district in which the violation
was found to occur, or in the United States district court
for the District of Columbia, to enforce such order. In
actions brought under this paragraph, the district courts
shall have jurisdiction to grant all appropriate relief
including, but not limited to, injunctive relief and
compensatory damages.
``(7) Civil action to require compliance.--
``(A) In general.--A person on whose behalf an order was
issued under paragraph (3) may commence a civil action
against the person to whom such order was issued to require
compliance with such order. The appropriate United States
district court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to
enforce such order.
``(B) Award.--The court, in issuing any final order under
this paragraph, may award costs of litigation (including
reasonable attorneys' and expert witness fees) to any party
whenever the court determines such award is appropriate.
``(c) Effect of Section.--
``(1) Other laws.--Nothing in this section preempts or
diminishes any other safeguards against discrimination,
demotion, discharge, suspension, threats, harassment,
reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
``(2) Rights of employees.--Nothing in this section shall
be construed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in
this section may not be waived by any agreement, policy,
form, or condition of employment.
``(d) Enforcement.--Any nondiscretionary duty imposed by
this section shall be enforceable in a mandamus proceeding
brought under section 1361 of title 28, United States Code.
``(e) Limitation.--Subsection (a) shall not apply with
respect to an employee of an entity engaged in the
manufacture, processing, packing, transporting, distribution,
reception, holding, or importation of food who, acting
without direction from such entity (or such entity's agent),
deliberately causes a violation of any requirement relating
to any violation or alleged violation of any order, rule,
regulation, standard, or ban under this Act.''.
SEC. 6403. JURISDICTION; AUTHORITIES.
Nothing in this Act, or an amendment made by this Act,
shall be construed to--
(1) alter the jurisdiction between the Secretary of
Agriculture and the Secretary of Health and Human Services,
under applicable statutes, regulations, or agreements
regarding voluntary inspection of non-amenable species under
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.);
(2) alter the jurisdiction between the Alcohol and Tobacco
Tax and Trade Bureau and the Secretary of Health and Human
Services, under applicable statutes and regulations;
(3) limit the authority of the Secretary of Health and
Human Services under--
(A) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.) as in effect on the day before the date of enactment
of this Act; or
(B) the Public Health Service Act (42 U.S.C. 301 et seq.)
as in effect on the day before the date of enactment of this
Act;
(4) alter or limit the authority of the Secretary of
Agriculture under the laws administered by such Secretary,
including--
(A) the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.);
(B) the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.);
(C) the Egg Products Inspection Act (21 U.S.C. 1031 et
seq.);
(D) the United States Grain Standards Act (7 U.S.C. 71 et
seq.);
(E) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.);
(F) the United States Warehouse Act (7 U.S.C. 241 et seq.);
(G) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.); and
(H) the Agricultural Adjustment Act (7 U.S.C. 601 et seq.),
reenacted with the amendments made by the Agricultural
Marketing Agreement Act of 1937; or
(5) alter, impede, or affect the authority of the Secretary
of Homeland Security under the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) or any other statute, including any
authority related to securing the borders of the United
States, managing ports of entry, or agricultural import and
entry inspection activities.
SEC. 6404. COMPLIANCE WITH INTERNATIONAL AGREEMENTS.
Nothing in this Act (or an amendment made by this Act)
shall be construed in a manner inconsistent with the
agreement establishing the World Trade Organization or any
other treaty or international agreement to which the United
States is a party.
SEC. 6405. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on this conference
report or amendment between the Houses.
______Legislative Activity
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Senate amendment submitted
December 14, 2010
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Senate amendment submitted
December 14, 2010
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Amedment SA 4805 ordered to be printed.
December 14, 2010
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S.Amdt. 48172nd degreeDec 16, 2010
Inserts “Provided further, That none of the amounts appropriated under this Act may be used to mod…” before the period at the end
Sponsored by Jim DeMint · Amends S.Amdt. 4805
S.Amdt. 48152nd degreeDec 16, 2010
Adds SEC. 311. MAINTENANCE OF EFFORT REQUIREMENTS on page 1068, between lines 17 and 18
Sponsored by Lindsey Graham · Amends S.Amdt. 4805