Pub. L. 111-322, tit. I, sec. 1

Section 1. (a) The Continuing Appropriations Act, 2011 (Public Law 111–242) is further amended by—(1) striking the date specified in section 106(3) and inserting “March 4, 2011”; and(2) adding the following:“Sec. 147. (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.124 STAT. 3519“(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. 148. Notwithstanding section 101, the level for ‘Department of Commerce, National Telecommunications and Information Administration, Salaries and Expenses’ shall be $40,649,000. “Sec. 149. The following authorities shall continue in effect through the earlier of the date specified in section 106(3) of this Act or the date of enactment of the National Defense Authorization Act for Fiscal Year 2011:“(1) 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);“(2) 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);“(3) 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);“(4) Sections 611, 612, 613, 614, 615, 616, 1106, 1222(e), 1224 and 1234 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84);“(5) Section 631 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181); and“(6) Section 931 of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364). “Sec. 150. 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. 151. 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’; and124 STAT. 3520“(B) by striking ‘October 1, 2010’ and inserting ‘December 31, 2011’. “Sec. 152. Notwithstanding section 101, the level for ‘Special Inspector General for the Troubled Asset Relief Program, Salaries and Expenses’ shall be $36,300,000. “Sec. 153. Public Law 111–240 is amended in section 1114 and section 1704 by striking ‘December 31, 2010’ and inserting ‘March 4, 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. 154. The appropriation to the Securities and Exchange Commission pursuant to this Act shall be deemed a regular appropriation for purposes of section 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) and sections 13(e), 14(g), and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee). “Sec. 155. 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. 156. Notwithstanding section 503 of Public Law 111–83, amounts made available in this Act for the Transportation Security Administration shall be available for transfer between and within Transportation Security Administration appropriations to the extent necessary to avoid furloughs or reduction 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 the House and Senate Appropriations Committees shall be notified within 15 days of such transfers. “Sec. 157. Up to $21,880,000 from ‘Coast Guard, Acquisition, Construction, and Improvements’ and ‘Coast Guard, Alteration of Bridges’ may be transferred to ‘Coast Guard, Operating Expenses’: Provided, That the Coast Guard may decommission one Medium Endurance Cutter, two High Endurance Cutters, four HU–25 aircraft, the Maritime Intelligence Fusion Center, and one Maritime Safety and Security Team, and make staffing changes at the Coast Guard Investigative Service, as outlined in its budget justification documents for fiscal year 2011 as submitted to the Committees on Appropriations of the Senate and House of Representatives. “Sec. 158. Notwithstanding section 101, the final proviso under the heading ‘Science and Technology, Research, Development, Acquisition, and Operations’ in Public Law 111–83 (related to the National Bio- and Agro-defense Facility) shall have no effect with respect to all amounts available under this heading. “Sec. 159. Notwithstanding sections 101 and 128, amounts are provided for ‘Department of the Interior—Minerals Management Service—Royalty and Offshore Minerals Management’ in the manner authorized in Public Law 111–88 for fiscal year 2010, except that for fiscal year 2011 the amounts specified in division A of Public Law 111–88 shall be modified by substituting—“(1) ‘$200,110,000’ for ‘$175,217,000’;“(2) ‘$102,231,000’ for ‘$89,374,000’;“(3) ‘$154,890,000’ for ‘$156,730,000’ each place it appears; and“(4) ‘fiscal year 2011’ shall be substituted for ‘fiscal year 2010’ each place it appears.124 STAT. 3521 “Sec. 160. The Secretary of the Interior, in order to implement a reorganization of the Bureau of Ocean Energy Management, Regulation, and Enforcement, 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 Committee reprogramming procedures described in the joint explanatory statement of the managers accompanying Public Law 111–88 (House of Representatives Report 111–316). “Sec. 161. Notwithstanding section 101, section 423 of Public Law 111–88 (123 Stat. 2961), concerning the distribution of geothermal energy receipts, shall have no force or effect and the provisions of section 3003(a) of Public Law 111–212 (124 Stat. 2338) shall apply for fiscal year 2011. “Sec. 162. Notwithstanding section 109, of the funds made available by section 101 for payments under subsections (b) and (d) of section 2602 of the Low Income Home Energy Assistance Act of 1981, the Department of Health and Human Services shall obligate the same amount during the period covered by this continuing resolution as was obligated for such purpose during the comparable period during fiscal year 2010. “Sec. 163. (a) A ‘highly qualified teacher’ includes a teacher who meets the requirements in 34 CFR 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 provision through the end of the 2012–2013 academic year. “Sec. 164. (a) Notwithstanding section 101, the level for ‘Department of Education, Student Financial Assistance’ to carry out subpart 1 of part A of title IV of the Higher Education Act of 1965 shall be $23,162,000,000.“(b) The maximum Pell Grant for which a student shall be eligible during award year 2011–2012 shall be $4,860. “Sec. 165. (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’).“(c) Notwithstanding section 106 of this Act, the use of the funds described under subsection (a) of this section shall apply without fiscal year limitation. “Sec. 166. Notwithstanding section 101, amounts are provided for ‘Department of Veterans Affairs, Departmental Administration, General Operating Expenses’ at a rate for operations of $2,546,276,000, of which not less than $2,148,776,000 shall be for the Veterans Benefits Administration.” .(b) This section may be cited as the “Continuing Appropriations Amendments, 2011”.124 STAT. 3522