[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3081 Enrolled Bill (ENR)]
H.R.3081
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
Making continuing appropriations for fiscal year 2011, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  That the following
sums are hereby appropriated, out of any money in the Treasury not
otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for fiscal
year 2011, and for other purposes, namely:

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operations as provided in the applicable appropriations Acts for fiscal
year 2010 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this Act, that were conducted in fiscal year 2010, and for which
appropriations, funds, or other authority were made available in the
following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111-80).
(2) Division A of the Department of Defense Appropriations Act,
2010 (division A of Public Law 111-118).
(3) The Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85).
(4) The Department of Homeland Security Appropriations Act,
2010 (Public Law 111-83) and section 601 of the Supplemental
Appropriations Act, 2010 (Public Law 111-212).
(5) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2010 (division A of Public Law 111-
88).
(6) The Legislative Branch Appropriations Act, 2010 (division A
of Public Law 111-68).
(7) The Consolidated Appropriations Act, 2010 (Public Law 111-
117).
(8) Chapter 3 of title I of the Supplemental Appropriations
Act, 2010 (Public Law 111-212), except for appropriations under the
heading ``Operation and Maintenance'' relating to Haiti following
the earthquake of January 12, 2010, or the Port of Guam: Provided,
That the amount provided for the Department of Defense pursuant to
this paragraph shall not exceed a rate for operations of
$29,387,401,000: Provided further, That the Secretary of Defense
shall allocate such amount to each appropriation account, budget
activity, activity group, and subactivity group, and to each
program, project, and activity within each appropriation account,
in the same proportions as such appropriations for fiscal year
2010.
(9) Section 102(c) of chapter 1 of title I of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) that addresses
guaranteed loans in the rural housing insurance fund.
(10) The appropriation under the heading ``Department of
Commerce--United States Patent and Trademark Office'' in the United
States Patent and Trademark Office Supplemental Appropriations Act,
2010 (Public Law 111-224).

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granted pursuant to section 101 for the Department of Defense shall be
used for (1) the new production of items not funded for production in
fiscal year 2010 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2010 funds; or (3) the
initiation, resumption, or continuation of any project, activity,
operation, or organization (defined as any project, subproject,
activity, budget activity, program element, and subprogram within a
program element, and for any investment items defined as a P-1 line
item in a budget activity within an appropriation account and an R-1
line item that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or other
authority were not available during fiscal year 2010.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.

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the extent and in the manner that would be provided by the pertinent
appropriations Act.

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appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2010.

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this Act shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this Act.

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applicable appropriations Act for fiscal year 2011, appropriations and
funds made available and authority granted pursuant to this Act shall
be available until whichever of the following first occurs: (1) the
enactment into law of an appropriation for any project or activity
provided for in this Act; (2) the enactment into law of the applicable
appropriations Act for fiscal year 2011 without any provision for such
project or activity; or (3) December 3, 2010.

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to the applicable appropriation, fund, or authorization whenever a bill
in which such applicable appropriation, fund, or authorization is
contained is enacted into law.

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authority granted pursuant to this Act may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing in
this Act may be construed to waive any other provision of law governing
the apportionment of funds.

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section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2011 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would
impinge on final funding prerogatives.

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limited funding action of that permitted in the Act shall be taken in
order to provide for continuation of projects and activities.

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budget authority was provided in appropriations Acts for fiscal year
2010, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2010, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2010 but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.

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personnel compensation and benefits in each department and agency may
be apportioned up to the rate for operations necessary to avoid
furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2010, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.

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expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

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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:
(1) Amounts incorporated by reference in this Act that were
previously designated as available for overseas deployments and
other activities pursuant to such concurrent resolution.
(2) Amounts made available pursuant to paragraph (8) of section
101 of this Act.

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appropriated under the heading ``Food for Peace Title II Grants'' in
chapter 1 of title I of the Supplemental Appropriations Act, 2010
(Public Law 111-212) may be used to reimburse obligations incurred for
the purposes provided therein prior to the enactment of such Act.

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Richard B. Russell National School Lunch Act (42 U.S.C. 1769(h)(5))
shall continue in effect through the earlier of the date of enactment
of an authorization Act related to the Richard B. Russell National
School Lunch Act or the date specified in section 106(3) of this Act.

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``Department of Commerce--Bureau of the Census--Periodic Censuses and
Programs'', for necessary expenses to collect and publish statistics
for periodic censuses and programs provided for by law, at a rate for
operations of $964,315,000.

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Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), as
most recently amended by section 1222 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2518), shall continue in effect through the date specified in section
106(3) of this Act.

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Supplemental Appropriations Act, 2009 (Public Law 111-32; 123 Stat.
1870), a claim described in that subsection that is submitted before
the date specified in section 106(3) of this Act shall be treated as a
claim for which payment may be made under such section 310.

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provided for investigations under the heading ``Department of Defense--
Civil, Department of the Army, Corps of Engineers--Civil,
Investigations'', in chapter 4 of title I of the Supplemental
Appropriations Act, 2010 (Public Law 111-212; 124 Stat. 2312) is
rescinded as of the date of enactment of this Act.
(b) Appropriation.--Notwithstanding any other provision in this
Act--
(1) there is appropriated to the Department of the Army, Corps
of Engineers, an amount equal to the unobligated balance rescinded
by subsection (a), to remain available until expended, for
investigations;
(2) that such amount be available on the date of enactment of
this Act; and
(3) the amount is designated 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.

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provided for in section 401 of chapter 4 of title I of the Supplemental
Appropriations Act, 2010 (Public Law 111-212; 124 Stat. 2313) for
drought emergency assistance is rescinded as of the date of enactment
of this Act.
(b) Appropriation.--Notwithstanding any other provision in this
Act--
(1) there is appropriated to the Bureau of Reclamation, an
amount equal to the unobligated balance rescinded by subsection
(a), to remain available until expended, for drought emergency
assistance: Provided, That financial assistance may be provided
under the Reclamation States Emergency Drought Relief Act of 1991
(43 U.S.C. 2201 et seq.) and any other applicable Federal law
(including regulations) for the optimization and conservation of
project water supplies to assist drought-plagued areas of the West;
(2) that such amount be available on the date of enactment of
this Act; and
(3) the amount is designated 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.

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``Department of Energy--Weapons Activities'' at a rate for operations
of $7,008,835,000.

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section 106, the District of Columbia may expend local funds for
programs and activities under the heading ``District of Columbia
Funds'' for such programs and activities under title IV of S. 3677
(111th Congress), as reported by the Committee on Appropriations of the
Senate, at the rate set forth under ``District of Columbia Funds'' as
included in the Fiscal Year 2011 Budget Request Act (D.C. Act 18-448),
as modified as of the date of the enactment of this Act.

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section 550 of Public Law 111-83, shall be applied by substituting the
date specified in section 106(3) of this Act for ``October 4, 2010''.

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and Emergency Assistance Act (42 U.S.C. 5133(m)) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2010''.

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Federal Air Marshals may be obligated at a rate for operations not
exceeding that necessary to sustain domestic and international flight
coverage at the same level as the final quarter of fiscal year 2010.

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U.S. Customs and Border Protection may be obligated at a rate for
operations not exceeding that necessary to sustain the numbers of
personnel in place in the final quarter of fiscal year 2010. The
Commissioner of U.S. Customs and Border Protection shall notify the
Committees on Appropriations of the House of Representatives and the
Senate on each use of the authority provided in this section.

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``Department of the Interior--Minerals Management Service--Royalty and
Offshore Minerals Management'' at a rate for operations of
$365,000,000: Provided, That amounts provided herein from the general
fund shall be reduced in an amount not to exceed $154,890,000, as
receipts from increases to rates in effect on August 5, 1993, and from
cost recovery fees are received: Provided further, That of the prior-
year unobligated balances available for ``Department of the Interior--
Minerals Management Service--Royalty and Offshore Minerals
Management'', $25,000,000 are rescinded.

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applied by substituting the date specified in section 106(3) of this
Act for ``September 30, 2010''.

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Human Services--Office of the Secretary--Public Health and Social
Services Emergency Fund'' by Public Law 111-117 in the fourth paragraph
under such heading, amounts shall be available through the date
specified in section 106(3) of this Act to support advanced research
and development pursuant to section 319L of the Public Health Service
Act, at a rate for operations of $305,000,000.

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Families Program.--Activities authorized by part A of title IV and
section 1108(b) of the Social Security Act (other than the Emergency
Contingency Fund for State Temporary Assistance for Needy Families
Programs established under subsection (c) of section 403 of such Act)
shall continue through the date specified in section 106(3) of this Act
in the manner authorized for fiscal year 2010, subject to the
amendments made by subsection (b) of this section, and out of any money
in the Treasury of the United States not otherwise appropriated, there
are hereby appropriated such sums as may be necessary for such purpose.
Grants and payments may be made pursuant to this authority through the
applicable portion of the first quarter of fiscal year 2011 at the pro
rata portion of the level provided for such activities through the
first quarter of fiscal year 2010.
(b) Conforming Amendments.--
(1) Supplemental grants for population increases.--Section
403(a)(3)(H)(ii) of the Social Security Act (42 U.S.C.
603(a)(3)(H)(ii)) is amended to read as follows:
``(ii) subparagraph (G) shall be applied as if `the
date specified in section 106(3) of the Continuing
Appropriations Act, 2011' were substituted for `fiscal year
2001'; and''.
(2) Contingency fund.--
(A) Deposit into fund.--Section 403(b)(2) of such Act (42
U.S.C. 603(b)(2)) is amended--
(i) by striking ``fiscal years 1997'' and all that
follows through ``2003'' and inserting ``fiscal years 2011
and 2012''; and
(ii) by striking ``$2,000,000,000'' and inserting ``,
in the case of fiscal year 2011, $506,000,000 and in the
case of fiscal year 2012, $612,000,000''.
(B) Conforming amendment.--Section 403(b)(3)(C)(ii) of such
Act (42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking
``fiscal years 1997 through 2010 shall not exceed the total
amount appropriated pursuant to paragraph (2)'' and inserting
``fiscal year 2011 and 2012, respectively, shall not exceed the
total amount appropriated pursuant to paragraph (2) for each
such fiscal year''.
(3) Maintenance of effort.--Section 409(a)(7) of such Act (42
U.S.C. 609(a)(7)) is amended--
(A) in subparagraph (A), by striking ``or 2011'' and
inserting ``2011, or 2012''; and
(B) in subparagraph (B)(ii), by striking ``2010'' and
inserting ``2011''.

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Security Act shall continue through September 30, 2011, in the manner
authorized for fiscal year 2010, and out of any money in the Treasury
of the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose. Grants and
payments may be made pursuant to this authority on a quarterly basis
through fiscal year 2011 at the level provided for such activities for
the corresponding quarter of fiscal year 2010.

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IV of the Social Security Act is amended--
(1) in section 436 (42 U.S.C. 629f)--
(A) in subsection (a)--
(i) by striking ``2011'' and inserting ``2010''; and
(ii) by inserting before the period the following: ``,
and $365,000,000 for fiscal year 2011''; and
(B) by striking ``$10,000,000'' in subsection (b)(2) and
inserting ``$30,000,000''; and
(2) in section 438 (42 U.S.C. 629h)--
(A) by striking ``2010'' in subsection (c)(2)(A) and
inserting ``2011''; and
(B) by adding at the end of subsection (e) the following
flush sentence: ``For fiscal year 2011, out of the amount
reserved pursuant to section 436(b)(2) for such fiscal year,
there are available $10,000,000 for grants referred to in
subsection (b)(2)(B), and $10,000,000 for grants referred to in
subsection (b)(2)(C).''.

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payment in equal shares to the children and grandchildren of Robert C.
Byrd, $193,400 is appropriated.

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deposit into ``Department of Defense Base Closure Account 2005'' at a
rate for operations of $2,354,285,000.

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``Department of State--Administration of Foreign Affairs--Diplomatic
and Consular Programs'' at a rate for operations of $8,601,000,000.

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``International Security Assistance--Funds Appropriated to the
President--Foreign Military Financing Program'' at a rate for
operations of $5,160,000,000, of which not less than $2,775,000,000
shall be available for grants only for Israel, not less than
$1,300,000,000 shall be available for grants only for Egypt, and not
less than $300,000,000 shall be available for assistance for Jordan:
Provided, That the dollar amount in the fourth proviso under such
heading in title IV of division F of Public Law 111-117 shall be deemed
to be $729,825,000.

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``International Security Assistance--Funds Appropriated to the
President--Pakistan Counterinsurgency Capability Fund'' at a rate for
operations of $700,000,000.
(b) Amounts provided by subsection (a) shall be available to the
Secretary of State under the terms and conditions provided for this
Fund in Public Law 111-32 and Public Law 111-212 through the date
specified in section 106(3) of this Act.

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U.S.C. 214(b)(2)) shall be applied by substituting the date specified
in section 106(3) of this Act for ``September 30, 2010''.

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by substituting the date specified in section 106(3) of this Act for
``October 1, 2010''.
(b) Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C.
4064(g)) shall be applied by substituting the date specified in section
106(3) of this Act for ``October 1, 2010'' in paragraph (2).
(c) Section 61(a) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2733(a)) shall be applied by substituting the date
specified in section 106(3) of this Act for ``October 1, 2010'' in
paragraph (2).
(d) Section 625(j)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2385(j)(1)) shall be applied by substituting the date specified
in section 106(3) of this Act for ``October 1, 2010'' in subparagraph
(B).

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Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) shall
remain in effect through the date specified in section 106(3) of this
Act.

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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 a rate for operations of $20,000,000,000: Provided,
That total loan principal, any part of which is to be guaranteed, may
be apportioned through the date specified in section 106(3) of this
Act, at $80,000,000 multiplied by the number of days covered by this
Act.

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Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall continue in
effect, notwithstanding section 209 of such Act, through the earlier
of: (1) the date specified in section 106(3) of this Act; or (2) the
date of the enactment into law of an authorization Act relating to the
McKinney-Vento Homeless Assistance Act.

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Act, for mortgages for which the mortgagee issues credit approval for
the borrower during fiscal year 2011, the second sentence of section
255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) shall be
considered to require that in no case may the benefits of insurance
under such section 255 exceed 150 percent of the maximum dollar amount
in effect under the sixth sentence of section 305(a)(2) of the Federal
Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).

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for which the mortgagee issues credit approval for the borrower during
fiscal year 2011, if the dollar amount limitation on the principal
obligation of a mortgage determined under section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)) for any size residence for
any area is less than such dollar amount limitation that was in effect
for such size residence for such area for 2008 pursuant to section 202
of the Economic Stimulus Act of 2008 (Public Law 110-185; 122 Stat.
620), notwithstanding any other provision of law or of this Act, the
maximum dollar amount limitation on the principal obligation of a
mortgage for such size residence for such area for purposes of such
section 203(b)(2) shall be considered (except for purposes of section
255(g) of such Act (12 U.S.C. 1715z-20(g))) to be such dollar amount
limitation in effect for such size residence for such area for 2008.
(b) Discretionary Authority for Sub-areas.--Notwithstanding any
other provision of law or of this Act, if the Secretary of Housing and
Urban Development determines, for any geographic area that is smaller
than an area for which dollar amount limitations on the principal
obligation of a mortgage are determined under section 203(b)(2) of the
National Housing Act, that a higher such maximum dollar amount
limitation is warranted for any particular size or sizes of residences
in such sub-area by higher median home prices in such sub-area, the
Secretary may, for mortgages for which the mortgagee issues credit
approval for the borrower during fiscal year 2011, increase the maximum
dollar amount limitation for such size or sizes of residences for such
sub-area that is otherwise in effect (including pursuant to subsection
(a) of this section), but in no case to an amount that exceeds the
amount specified in section 202(a)(2) of the Economic Stimulus Act of
2008.

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originated during fiscal year 2011, if the limitation on the maximum
original principal obligation of a mortgage that may be purchased by
the Federal National Mortgage Association or the Federal Home Loan
Mortgage Corporation determined under section 302(b)(2) of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) or
section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1754(a)(2)) respectively, for any size residence for any area is
less than such maximum original principal obligation limitation that
was in effect for such size residence for such area for 2008 pursuant
to section 201 of the Economic Stimulus Act of 2008 (Public Law 110-
185; 122 Stat. 619), notwithstanding any other provision of law or of
this Act, the limitation on the maximum original principal obligation
of a mortgage for such Association and Corporation for such size
residence for such area shall be such maximum limitation in effect for
such size residence for such area for 2008.
(b) Discretionary Authority for Sub-areas.--Notwithstanding any
other provision of law or of this Act, if the Director of the Federal
Housing Finance Agency determines, for any geographic area that is
smaller than an area for which limitations on the maximum original
principal obligation of a mortgage are determined for the Federal
National Mortgage Association or the Federal Home Loan Mortgage
Corporation, that a higher such maximum original principal obligation
limitation is warranted for any particular size or sizes of residences
in such sub-area by higher median home prices in such sub-area, the
Director may, for mortgages originated during fiscal year 2011,
increase the maximum original principal obligation limitation for such
size or sizes of residences for such sub-area that is otherwise in
effect (including pursuant to subsection (a) of this section) for such
Association and Corporation, but in no case to an amount that exceeds
the amount specified in the matter following the comma in section
201(a)(l)(B) of the Economic Stimulus Act of 2008.
This Act may be cited as the ``Continuing Appropriations Act,
2011''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

30a9dce9cc32b691102cec4998ca4ad5ad725936fcca75d72c1d0f0426eba90d

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 — HR. 3081

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