Text: H.J.Res.44 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-4 (03/02/2011)

 
[112th Congress Public Law 4]
[From the U.S. Government Printing Office]



[[Page 5]]

           FURTHER CONTINUING APPROPRIATIONS AMENDMENTS, 2011

[[Page 125 STAT. 6]]

Public Law 112-4
112th Congress

                            Joint Resolution


 
 Making further continuing appropriations for fiscal year 2011, and for 
        other purposes. <<NOTE: Mar. 2, 2011 -  [H.J. Res. 44]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, <<NOTE: Further Continuing 
Appropriations Amendments, 2011.>>  That the Continuing Appropriations 
Act, 2011 (Public Law 111-242) is further amended--
            (1) by striking the date specified in section 
        106(3) <<NOTE: 124 Stat. 2608.>>  and inserting ``March 18, 
        2011''; and
            (2) by adding after section 166, as added by the Continuing 
        Appropriations Amendments, 2011 (section 1 of Public Law 111-
        322), the following new sections:

    ``Sec. 167.  The amounts described in paragraphs (1) and (2) of 
section 114 of this Act are designated as being for contingency 
operations directly related to the global war on terrorism pursuant to 
section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
requirement pursuant to section 403(a) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 2010.
    ``Sec. 168.  Any language <<NOTE: Earmarks.>>  specifying an earmark 
in an appropriations Act for fiscal year 2010, or in a committee report 
or joint explanatory statement accompanying such an Act, shall have no 
legal effect with respect to funds appropriated 
by <<NOTE: Definition.>> this Act. For purposes of this section, the 
term `earmark' means a congressional earmark or congressionally directed 
spending item, as defined in clause 9(e) of rule XXI of the Rules of the 
House of Representatives and paragraph 5(a) of rule XLIV of the Standing 
Rules of the Senate.

    ``Sec. 169.  The first and third paragraphs under the heading `Rural 
Development Programs--Rural Utilities Service--Distance Learning, 
Telemedicine, and Broadband Program' in Public Law 111-80 shall not 
apply to funds appropriated by this Act.
    ``Sec. 170.  Notwithstanding section 101, amounts are provided for 
`Corps of Engineers-Civil--Investigations' at a rate for operations of 
$104,000,000.
    ``Sec. 171.  Notwithstanding section 101, amounts are provided for 
`Corps of Engineers-Civil--Construction' at a rate for operations of 
$1,690,000,000: Provided, That all of the provisos under such heading in 
Public Law 111-85 shall not apply to funds appropriated by this Act.
    ``Sec. 172.  Notwithstanding section 101, amounts are provided for 
`Corps of Engineers-Civil--Mississippi River and Tributaries' at a rate 
for operations of $260,000,000: Provided, That the proviso under such 
heading in Public Law 111-85 shall not apply to funds appropriated by 
this Act.

[[Page 125 STAT. 7]]

    ``Sec. 173.  Notwithstanding section 101, amounts are provided for 
`Corps of Engineers-Civil--Operation and Maintenance' at a rate for 
operations of $2,361,000,000.
    ``Sec. 174.  Notwithstanding section 101, amounts are provided for 
`Department of the Interior--Bureau of Reclamation--Water and Related 
Resources' at a rate for operations of $913,580,000: Provided, That the 
fifth proviso (regarding the San Gabriel Basin Restoration Fund) and 
seventh proviso (regarding the Milk River Project) under such heading in 
Public Law 111-85 shall not apply to funds appropriated by this Act.
    ``Sec. 175.  Notwithstanding section 101, amounts are provided for 
`Department of Energy--Energy Programs--Energy Efficiency and Renewable 
Energy' at a rate for operations of $1,950,370,000: Provided, That all 
of the provisos under such heading in Public Law 111-85 shall not apply 
to funds appropriated by this Act.
    ``Sec. 176.  Notwithstanding section 101, amounts are provided for 
`Department of Energy--Energy Programs--Electricity Delivery and Energy 
Reliability' at a rate for operations of $158,910,000: Provided, That 
all of the provisos under such heading in Public Law 111-85 shall not 
apply to funds appropriated by this Act.
    ``Sec. 177.  Notwithstanding section 101, amounts are provided for 
`Department of Energy--Energy Programs--Nuclear Energy' at a rate for 
operations of $784,140,000: Provided, That the proviso under such 
heading in Public Law 111-85 shall not apply to funds appropriated by 
this Act.
    ``Sec. 178.  Notwithstanding section 101, amounts are provided for 
`Department of Energy--Energy Programs--Fossil Energy Research and 
Development' at a rate for operations of $635,530,000: Provided, That 
the second proviso under such heading in Public Law 111-85 shall not 
apply to funds appropriated by this Act.
    ``Sec. 179.  Notwithstanding section 101, amounts are provided for 
`Department of Energy--Energy Programs--Science' at a rate for 
operations of $4,826,820,000: Provided, That all of the provisos under 
such heading in Public Law 111-85 shall not apply to funds appropriated 
by this Act.
    ``Sec. 180.  The last proviso under the heading `Department of 
Energy--Atomic Energy Defense Activities--National Nuclear Security 
Administration--Weapons Activities' in Public Law 111-85 shall not apply 
to funds appropriated by this Act.
    ``Sec. 181.  Notwithstanding section 101, amounts are provided for 
`Department of Energy--Atomic Energy Defense Activities--National 
Nuclear Security Administration--Defense Nuclear Nonproliferation' at a 
rate for operations of $2,136,460,000: Provided, That the proviso under 
such heading in Public Law 111-85 shall not apply to funds appropriated 
by this Act.
    ``Sec. 182.  Notwithstanding section 101, amounts are provided for 
`Department of Energy--Atomic Energy Defense Activities--National 
Nuclear Security Administration--Office of the Administrator' at a rate 
for operations of $407,750,000: Provided, That the last proviso under 
such heading in Public Law 111-85 shall not apply to funds appropriated 
by this Act.
    ``Sec. 183.  Notwithstanding section 101, amounts are provided for 
`Department of Energy--Environmental and Other Defense Activities--
Defense Environmental Cleanup' at a rate for operations of 
$5,209,031,000, of which $33,700,000 shall be transferred to the 
`Uranium Enrichment Decontamination and Decommissioning

[[Page 125 STAT. 8]]

Fund': Provided, That the proviso under such heading in Public Law 111-
85 shall not apply to funds appropriated by this Act.
    ``Sec. 184.  Notwithstanding section 101, amounts are provided for 
`Department of Energy--Environmental and Other Defense Activities--Other 
Defense Activities' at a rate for operations of $844,470,000: Provided, 
That the proviso under such heading in Public Law 111-85 shall not apply 
to funds appropriated by this Act.
    ``Sec. 185.  Notwithstanding section 101, amounts are provided for 
`Independent Agencies--Election Assistance Commission--Election Reform 
Programs' at a rate for operations of $0.
    ``Sec. 186.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--Office of the Under Secretary for 
Management' at a rate for operations of $253,190,000.
    ``Sec. 187.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--U.S. Customs and Border Protection--
Salaries and Expenses' at a rate for operations of $8,063,913,000.
    ``Sec. 188.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--U.S. Customs and Border Protection--
Construction and Facilities Management' at a rate for operations of 
$276,370,000.
    ``Sec. 189.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--Transportation Security 
Administration--Aviation Security' at a rate for operations of 
$5,212,790,000: <<NOTE: Applicability.>> Provided, That the amounts 
included under such heading in Public Law 111-83 shall be applied to 
funds appropriated by this Act as follows: by substituting 
`$5,212,790,000' for `$5,214,040,000'; by substituting `$4,356,826,000' 
for `$4,358,076,000'; by substituting `$1,115,156,000' for 
`$1,116,406,000'; by substituting $777,050,000 for $778,300,000; and by 
substituting `$3,112,790,000' for `$3,114,040,000'.

    ``Sec. 190.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--Coast Guard--Operating Expenses' at a 
rate for operations of 
$6,801,791,000: <<NOTE: Applicability.>> Provided, That section 157 of 
this Act shall be applied by substituting `$17,880,000' for 
`$21,880,000', and without regard to `and ``Coast Guard, Alteration of 
Bridges'' '.

    ``Sec. 191.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--Coast Guard--Acquisition, 
Construction, and Improvements' at a rate for operations of 
$1,519,980,000.
    ``Sec. 192.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--Coast Guard--Alteration of Bridges' at 
a rate for operations of $0.
    ``Sec. 193.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--National Protection and Programs 
Directorate--Infrastructure Protection and Information Security' at a 
rate for operations of $879,816,000.
    ``Sec. 194.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--Office of Health Affairs' at a rate 
for operations of $134,250,000.
    ``Sec. 195.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--Federal Emergency Management Agency--
State and Local Programs' at a rate for operations of 
$2,912,558,000: <<NOTE: Applicability.>> Provided, That the amounts 
included under such heading in Public Law 111-83 shall be applied to

[[Page 125 STAT. 9]]

funds appropriated by this Act as follows: in paragraph (12), by 
substituting `$12,554,000' for `$60,000,000' and by substituting `$0' 
for each subsequent amount in such paragraph; in paragraph (13), by 
substituting `$212,500,000' for `$267,200,000'; in paragraph (13)(A), by 
substituting `$114,000,000' for `$164,500,000'; in paragraph (13)(B), by 
substituting `$0' for `$1,700,000'; and in paragraph (13)(C), by 
substituting `$0' for `$3,000,000': Provided further, That 4.5 percent 
of the amount provided for `Federal Emergency Management Agency--State 
and Local Programs' by this Act shall be transferred to `Federal 
Emergency Management Agency--Management and Administration' for program 
administration.

    ``Sec. 196.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--Federal Emergency Management Agency--
National Predisaster Mitigation Fund' at a rate for operations of 
$75,364,000.
    ``Sec. 197.  Notwithstanding section 101, amounts are provided for 
`Department of Homeland Security--Science and Technology--Research, 
Development, Acquisition, and Operations' at a rate for operations of 
$821,906,000.
    ``Sec. 198.  Sections 541 and 545 of Public Law 111-83 (123 Stat. 
2176) shall have no force or effect.
    ``Sec. 199.  Notwithstanding section 101, amounts are provided for 
`Smithsonian Institution--Legacy Fund' at a rate for operations of $0.
    ``Sec. 200.  Notwithstanding section 101, amounts are provided for 
`Department of Labor--Employment and Training Administration--Training 
and Employment Services' at a rate for operations of $3,779,641,000, of 
which $340,154,000 shall be for national activities described in 
paragraph (3) under such heading in division D of Public Law 111-
117: <<NOTE: Applicability.>>  Provided, That the amounts included for 
national activities under such heading in division D of Public Law 111-
117 shall be applied to funds appropriated by this Act as follows: by 
substituting `$44,561,000' for `$93,450,000' and by substituting `$0' 
for `$48,889,000'.

    ``Sec. 201.  Notwithstanding section 101, amounts are provided for 
`Department of Labor--Mine Safety and Health Administration--Salaries 
and Expenses' at a rate for operations of 
$355,843,000: <<NOTE: Applicability.>> Provided, That the amounts 
included under such heading in division D of Public Law 111-117 shall be 
applied to funds appropriated by this Act by substituting `$0' for 
`$1,450,000'.

    ``Sec. 202.  Notwithstanding section 101, amounts are provided for 
`Department of Labor--Departmental Management' at a rate for operations 
of $314,827,000: <<NOTE: Applicability.>> Provided, That the amounts 
included under such heading in division D of Public Law 111-117 shall be 
applied to funds appropriated by this Act by substituting `$0' for 
`$40,000,000'.

    ``Sec. 203.  Notwithstanding section 101, amounts are provided for 
`Department of Health and Human Services--Health Resources and Services 
Administration--Health Resources and Services' at a rate for operations 
of $7,076,520,000: Provided, That the eighteenth, nineteenth, and 
twenty-second provisos under such heading in division D of Public Law 
111-117 shall not apply to funds appropriated by this Act.
    ``Sec. 204.  Notwithstanding section 101, amounts are provided for 
`Department of Health and Human Services--Centers for Disease Control 
and Prevention--Disease Control, Research, and

[[Page 125 STAT. 10]]

Training' at a rate for operations of 
$6,369,767,000: <<NOTE: Applicability.>>  Provided, That the amount 
included before the first proviso under such heading in division D of 
Public Law 111-117 shall be applied to funds appropriated by this Act by 
substituting `$0' for `$20,620,000'.

    ``Sec. 205.  Notwithstanding section 101, amounts are provided for 
`Department of Health and Human Services--Substance Abuse and Mental 
Health Services Administration--Substance Abuse and Mental Health 
Services' at a rate for operations of $3,417,106,000: 
Provided, <<NOTE: Applicability.>> That the amount included before the 
first proviso under such heading in division D of Public Law 111-117 
shall be applied to funds appropriated by this Act by substituting `$0' 
for `$14,518,000'.

    ``Sec. 206.  Notwithstanding section 101, amounts are transferred 
from the Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund for `Department of Health and 
Human Services--Centers for Medicare and Medicaid Services--Program 
Management' at a rate for operations of $3,467,142,000: Provided, That 
the sixth proviso under such heading in division D of Public Law 111-117 
shall not apply to funds appropriated by this Act.
    ``Sec. 207.  Notwithstanding section 101, amounts are provided for 
`Department of Health and Human Services--Administration for Children 
and Families--Payments to States for the Child Care and Development 
Block Grant' at a rate for operations of $2,126,081,000: 
Provided, <<NOTE: Applicability.>> That the amount included in the first 
proviso under such heading in division D of Public Law 111-117 shall be 
applied to funds appropriated by this Act by substituting `$0' for 
`$1,000,000'.

    ``Sec. 208.  Notwithstanding section 101, amounts are provided for 
`Department of Health and Human Services--Administration for Children 
and Families--Children and Families Services Programs' at a rate for 
operations of $9,293,747,000: Provided, That the fifteenth proviso under 
such heading in division D of Public Law 111-117 shall not apply to 
funds appropriated by this Act.
    ``Sec. 209.  Notwithstanding section 101, amounts are provided for 
`Department of Health and Human Services--Administration on Aging, Aging 
Services Programs' at a rate for operations of $1,510,323,000: Provided, 
That the first proviso under such heading in division D of Public Law 
111-117 shall not apply to funds appropriated by this Act.
    ``Sec. 210.  Notwithstanding section 101, amounts are provided for 
`Department of Health and Human Services--Office of the Secretary--
General Departmental Management' at a rate for operations of 
$491,727,000: Provided, That the seventh proviso under such heading in 
division D of Public Law 111-117 shall not apply to funds appropriated 
by this Act.
    ``Sec. 211.  Notwithstanding section 101, amounts are provided for 
`Department of Education--Education for the Disadvantaged' at a rate for 
operations of $15,598,212,000, of which $4,638,056,000 shall become 
available on July 1, 2011, and remain available through September 30, 
2012: Provided, That the tenth, eleventh and twelfth provisos under such 
heading in division D of Public Law 111-117 shall not apply to funds 
appropriated by this Act.
    ``Sec. 212.  Notwithstanding section 101, amounts are provided for 
`Department of Education--School Improvement Programs' at a rate for 
operations of $5,223,444,000, of which $3,358,993,000 shall become 
available on July 1, 2011, and remain available

[[Page 125 STAT. 11]]

through September 30, 2012: Provided, That of such amounts, no funds 
shall be available for activities authorized under part Z of title VIII 
of the Higher Education Act of 1965: Provided further, That the second, 
third, and thirteenth provisos under such heading in division D of 
Public Law 111-117 shall not apply to funds appropriated by this Act.
    ``Sec. 213.  Notwithstanding section 101, amounts are provided for 
`Department of Education--Innovation and Improvement' at a rate for 
operations of $1,160,480,000, of which no funds shall be available for 
activities authorized under subpart 5 of part A of title II, section 
1504 of the Elementary and Secondary Education Act of 1965 (`ESEA'), or 
part F of title VIII of the Higher Education Act of 1965, and 
$499,222,000 shall be for part D of title V of the ESEA: Provided, That 
the first, fourth, and fifth provisos under such heading in division D 
of Public Law 111-117 shall not apply to funds appropriated by this Act.
    ``Sec. 214.  Notwithstanding section 101, amounts are provided for 
`Department of Education--Safe Schools and Citizenship Education' at a 
rate for operations of $361,398,000, of which, notwithstanding section 
2343(b) of the ESEA, $2,578,000 is for the continuation costs of awards 
made on a competitive basis under section 2345 of the ESEA: Provided, 
That the third proviso under such heading in division D of Public Law 
111-117 shall not apply to funds appropriated by this Act.
    ``Sec. 215.  Notwithstanding section 101, amounts are provided for 
`Department of Education--Special Education' at a rate for operations of 
$12,564,953,000, of which $3,726,354,000 shall become available on July 
1, 2011, and remain available through September 30, 2012: Provided, That 
the first and second provisos under such heading in division D of Public 
Law 111-117 shall not apply to funds appropriated by this Act.
    ``Sec. 216.  Notwithstanding section 101, amounts are provided for 
`Department of Education--Rehabilitation Services and Disability 
Research' at a rate for operations of $3,501,766,000: Provided, That the 
second proviso under such heading in division D of Public Law 111-117 
shall not apply to funds appropriated by this Act.
    ``Sec. 217.  Notwithstanding section 101, amounts are provided for 
`Department of Education--Career, Technical, and Adult Education' at a 
rate for operations of $1,928,447,000, of which $1,137,447,000 shall 
become available on July 1, 2011, and remain available through September 
30, 2012 and no funds shall be available for activities authorized under 
subpart 4 of part D of title V of the ESEA: Provided, That the seventh 
and eighth provisos under such heading in division D of Public Law 111-
117 shall not apply to funds appropriated by this Act.
    ``Sec. 218.  Notwithstanding <<NOTE: 20 USC 1070a note.>> sections 
101 and 164, amounts are provided for `Department of Education--Student 
Financial Assistance' at a rate for operations of $24,899,957,000, of 
which 23,162,000,000 shall be available to carry out subpart 1 of part A 
of title IV of the Higher Education Act of 1965 and no funds shall be 
available for activities authorized under subpart 4 of part A of title 
IV of such Act: Provided, <<NOTE: Grants.>> That the maximum Pell Grant 
for which a student shall be eligible during award year 2011-2012 shall 
be $4,860.

[[Page 125 STAT. 12]]

    ``Sec. 219.  Notwithstanding section 101, amounts are provided for 
`Department of Education--Higher Education' at a rate for operations of 
$2,126,935,000, of which no funds shall be available for activities 
authorized under section 1543 of the Higher Education Amendments of 1992 
or section 117 of the Carl D. Perkins Career and Technical Education Act 
of 2006: Provided, That the thirteenth proviso under such heading in 
division D of Public Law 111-117 shall not apply to funds appropriated 
by this Act.
    ``Sec. 220.  Notwithstanding section 101, amounts are provided for 
`Institute of Museum and Library Services--Office of Museum and Library 
Services: Grants and Administration' at a rate for operations of 
265,869,000: <<NOTE: Applicability.>>  Provided, That the amounts 
included under such heading in division D of Public Law 111-117 shall be 
applied to funds appropriated by this Act by substituting `$0' for 
`$16,382,000'.

    ``Sec. 221.  Notwithstanding section 101, amounts are provided for 
`Library of Congress--Salaries and Expenses' at a rate for operations of 
$445,951,000, of which $0 shall be for the operations described in the 
seventh proviso under this heading in Public Law 111-68.
    ``Sec. 222.  Notwithstanding section 101, amounts are provided for 
`Department of Transportation--Federal Highway Administration--Surface 
Transportation Priorities' at a rate for operations of $0.
    ``Sec. 223.  Notwithstanding section 101, no funds are provided for 
activities described in section 122 of title I of division A of Public 
Law 111-117.
    ``Sec. 224.  Notwithstanding section 101, section 186 of title I of 
division A of Public Law 111-117 shall not apply to funds appropriated 
by this Act.
    ``Sec. 225.  Notwithstanding section 101, amounts are provided for 
`Department of Transportation--Federal Railroad Administration--Rail 
Line Relocation and Improvement Program' at a rate for operations of 
$10,012,800.
    ``Sec. 226.  Notwithstanding section 101, amounts are provided for 
`Department of Housing and Urban Development--Community Planning and 
Development--Community Development Fund' at a rate for operations of 
$4,255,068,480, of which $0 shall be for grants for the Economic 
Development Initiative (EDI), and $0 shall be for neighborhood 
initiatives: Provided, That the second and third paragraphs under such 
heading in title II of division A of Public Law 111-117 shall not apply 
to funds appropriated by this Act.''.

[[Page 125 STAT. 13]]

     This joint resolution may be cited as the ``Further Continuing 
Appropriations Amendments, 2011''.

    Approved March 2, 2011.

LEGISLATIVE HISTORY--H.J. Res. 44:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 157 (2011):
            Mar. 1, considered and passed House.
            Mar. 2, considered and passed Senate.

                                  <all>