    [Congressional Bills 112th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 2055 Enrolled Bill (ENR)]

            H.R.2055

                          One Hundred Twelfth Congress

                                     of the

                            United States of America

                              AT THE FIRST SESSION

             Begun and held at the City of Washington on Wednesday,
                the fifth day of January, two thousand and eleven

                                     An Act

       Making appropriations for military construction, the Department of
       Veterans Affairs, and related agencies for the fiscal year ending
                   September 30, 2012, and for other purposes.

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.
        This Act may be cited as the ``Consolidated Appropriations Act,
    2012''.
    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. Statement of appropriations.
    Sec. 5. Availability of funds.

           DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

    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 B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012

    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 C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                    ACT, 2012

    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 D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012

    Title I--Departmental management and operations
    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 E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
                        AGENCIES APPROPRIATIONS ACT, 2012

    Title I--Department of the Interior
    Title II--Environmental Protection Agency
    Title III--Related agencies
    Title IV--General provisions

        DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012

    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 G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

    Title I--Legislative branch
    Title II--General provisions

       DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
                        AGENCIES APPROPRIATIONS ACT, 2012

    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 I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
                        PROGRAMS APPROPRIATIONS ACT, 2012

    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
    Title VIII--Overseas contingency operations

    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. 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, 2012.
    SEC. 5. AVAILABILITY OF FUNDS.
        Each amount designated in this Act by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985 shall be available (or rescinded, if applicable) only if the
    President subsequently so designates all such amounts and transmits
    such designations to the Congress.

           DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

                                    TITLE I

                            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, $43,298,409,000.

                            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, $26,803,334,000.

                        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, $13,635,136,000.

                         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, $28,096,708,000.

                            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, $4,289,407,000.

                            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, $1,935,544,000.

                        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,
    $644,722,000.

                          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, $1,712,705,000.

                         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,
    $7,585,645,000.

                      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,
    $3,088,929,000.

                                    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, $31,072,902,000.

                        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,
    $38,120,821,000.

                    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,
    $5,542,937,000.

                      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, $34,985,486,000.

                    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,
    $30,152,008,000:  Provided, That not more than $47,026,000 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 $34,311,000 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
    $8,420,000, 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 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, $3,071,733,000.

                    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, $1,305,134,000.

                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, $271,443,000.

                  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, $3,274,359,000.

                 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), $6,924,932,000.

                 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, $6,098,780,000.

              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, $13,861,000, 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, $346,031,000, 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, $308,668,000, 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, $525,453,000, 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, $10,716,000, 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, $326,495,000, 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), $107,662,000, to remain available until
    September 30, 2013.

                      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, $508,219,000, to remain available until September 30, 2014:
    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, $105,501,000.

                                   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, $5,360,334,000, to remain available for obligation until
    September 30, 2014.

                           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, $1,461,223,000, to remain available for obligation until
    September 30, 2014.

            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,
    $2,070,405,000, to remain available for obligation until September 30,
    2014.

                        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, $1,884,424,000, to remain available for
    obligation until September 30, 2014.

                            Other Procurement, Army

        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,
    $7,924,214,000, to remain available for obligation until September 30,
    2014.

                           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, $17,675,734,000, to remain available for obligation
    until September 30, 2014.

                           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, $3,224,432,000, to remain available
    for obligation until September 30, 2014.

                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, $626,848,000, to remain available for
    obligation until September 30, 2014.

                       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 (AP), $554,798,000;
            Virginia Class Submarine, $3,221,314,000;
            Virginia Class Submarine (AP), $1,461,361,000;
            CVN Refuelings (AP), $529,652,000;
            DDG-1000 Program, $453,727,000;
            DDG-51 Destroyer, $1,980,709,000;
            DDG-51 Destroyer (AP), $100,723,000;
            Littoral Combat Ship, $1,755,093,000;
            LPD-17, $1,837,444,000;
            LHA-Replacement, $1,999,191,000;
            Joint High Speed Vessel, $372,332,000;
            Oceanographic Ships, $89,000,000;
            Moored Training Ship, $131,200,000;
            LCAC Service Life Extension Program, $84,076,000;
            Service Craft, $3,863,000; and
            For outfitting, post delivery, conversions, and first
        destination transportation, $270,639,000.
            Completion of Prior Year Shipbuilding Programs, $73,992,000.
        In all: $14,919,114,000, to remain available for obligation until
    September 30, 2016:  Provided, That additional obligations may be
    incurred after September 30, 2016, 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

        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; 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, $6,013,385,000, to
    remain available for obligation until September 30, 2014.

                           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, $1,422,570,000, to remain available for obligation
    until September 30, 2014.

                        Aircraft Procurement, Air Force

                         (including transfer of funds)

        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, $12,950,000,000, to remain available for
    obligation until September 30, 2014:  Provided, That of the amount made
    available under this heading, $63,500,000 made available for C-130J
    aircraft shall be transferred to the Department of Homeland Security,
    Coast Guard, ``Acquisition, Construction, and Improvements'':  Provided
    further, That the transfer authority provided under this heading is in
    addition to any other transfer authority provided elsewhere in this
    Act.

                         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,
    $6,080,877,000, to remain available for obligation until September 30,
    2014.

                      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, $499,185,000, to remain available for
    obligation until September 30, 2014.

                          Other Procurement, Air Force

        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; 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, $17,403,564,000, to remain
    available for obligation until September 30, 2014.

                           Procurement, Defense-Wide

        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, $4,893,428,000, to remain available for obligation until
    September 30, 2014.

                        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), $169,964,000, 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,
    $8,745,492,000, to remain available for obligation until September 30,
    2013.

                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,
    $17,753,940,000, to remain available for obligation until September 30,
    2013:  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,
    $26,535,996,000, to remain available for obligation until September 30,
    2013.

            Research, Development, Test and Evaluation, Defense-Wide

                         (including transfer of funds)

        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, $19,193,955,000, to remain
    available for obligation until September 30, 2013:  Provided, That of
    the funds made available in this paragraph, $200,000,000 for the
    Defense Rapid Innovation Program shall only be available for expenses,
    not otherwise provided for, to include program management and
    oversight, to conduct research, development, test and evaluation to
    include proof of concept demonstration; engineering, testing, and
    validation; and transition to full-scale production:  Provided further,
    That the Secretary of Defense may transfer funds provided herein for
    the Defense Rapid Innovation Program to appropriations for research,
    development, test and evaluation 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
    30 days prior to making transfers from this appropriation, notify the
    congressional defense committees in writing of the details of any such
    transfer.

                    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, $191,292,000, to remain available for obligation
    until September 30, 2013.

                                    TITLE V

                         REVOLVING AND MANAGEMENT FUNDS

                         Defense Working Capital Funds

        For the Defense Working Capital Funds, $1,575,010,000.

                         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, $1,100,519,000, to remain available until
    expended:  Provided, That 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,
    $32,482,059,000; of which $30,582,235,000 shall be for operation and
    maintenance, of which not to exceed 1 percent shall remain available
    until September 30, 2013, and of which up to $16,512,141,000 may be
    available for contracts entered into under the TRICARE program; of
    which $632,518,000, to remain available for obligation until September
    30, 2014, shall be for procurement; and of which $1,267,306,000, to
    remain available for obligation until September 30, 2013, 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 $8,000,000 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 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, $1,554,422,000, of which $1,147,691,000
    shall be for operation and maintenance, of which no less than
    $71,211,000, shall be for the Chemical Stockpile Emergency Preparedness
    Program, consisting of $19,211,000 for activities on military
    installations and $52,000,000, to remain available until September 30,
    2013, to assist State and local governments and $406,731,000, to remain
    available until September 30, 2013, shall be for research, development,
    test and evaluation, of which $401,768,000 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, $1,209,620,000:  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:  Provided
    further, That $23,000,000 may not be obligated or expended until the
    Secretary of Defense submits an implementation plan for the expansion
    of prescription drug testing to the congressional defense committees.

                        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, $346,919,000, of which $341,419,000 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; of which $1,000,000, to remain available until September 30,
    2014, shall be for procurement; and of which $4,500,000, to remain
    available until September 30, 2013, shall be for research, development,
    testing, and evaluation.

                                   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, $513,700,000.

                   Intelligence Community Management Account

        For necessary expenses of the Intelligence Community Management
    Account, $547,891,000.

                                   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 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
    $3,750,000,000 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, 2012:  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 and transfer authorities for fiscal year 2012:  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.

                              (transfer of funds)

        Sec. 8008.  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. 8009.  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. 8010.  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:
         UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and MH-60R/S
    Mission Avionics and Common Cockpits.
        Sec. 8011.  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. 8012. (a) During fiscal year 2012, 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 2013 budget request for the Department of
    Defense as well as all justification material and other documentation
    supporting the fiscal year 2013 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
    2013.
        (c) Nothing in this section shall be construed to apply to military
    (civilian) technicians.
        Sec. 8013.  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. 8014.  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.

                              (transfer of funds)

        Sec. 8015.  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. 8016.  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. 8017.  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. 8018.  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. 8019.  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 1906 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. 8020.  Funds appropriated by this Act for the Defense Media
    Activity shall not be used for any national or international political
    or psychological activities.
        Sec. 8021.  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. 8022. (a) Of the funds made available in this Act, not less
    than $37,745,000 shall be available for the Civil Air Patrol
    Corporation, of which--
            (1) $27,838,000 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) $8,990,000 shall be available from ``Aircraft Procurement,
        Air Force''; and
            (3) $917,000 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. 8023. (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 2012 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 2012, 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 2013 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
    $150,245,000.
        Sec. 8024.  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. 8025.  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. 8026.  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 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. 8027. (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 2012. 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 chapter 83 of title 41, United States Code.
        Sec. 8028.  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. 8029. (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. 8030.  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. 8031. (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 2013 budget request for the Department of
    Defense as well as all justification material and other documentation
    supporting the fiscal year 2013 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 2013 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. 8032.  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, 2013:  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, 2013.
        Sec. 8033.  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. 8034.  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. 8035. (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
    chapter 83 of title 41, United States Code.
        (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. 8036.  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. 8037. (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;
            (2) an Army field operating agency established to eliminate,
        mitigate, or counter the 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. 8038.  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.
        Sec. 8039. (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 (section
            8503 of title 41, United States Code);
                (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
                (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.

                                 (rescissions)

        Sec. 8040.  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:
            ``National Defense Sealift Fund, 2002/XXXX'', $20,444,000;
            ``National Defense Sealift Fund, 2003/XXXX'', $8,500,000;
            ``National Defense Sealift Fund, 2004/XXXX'', $6,500,000;
            ``Aircraft Procurement, Army, 2010/2012'', $5,100,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army,
        2010/2012'', $4,353,000;
            ``Procurement of Ammunition, Army, 2010/2012'', $21,674,000;
            ``Other Procurement, Army, 2010/2012'', $58,647,000;
            ``Aircraft Procurement, Navy, 2010/2012'', $90,000,000;
            ``Aircraft Procurement, Air Force, 2010/2012'', $32,897,000;
            ``Missile Procurement, Air Force, 2010/2012'', $3,889,000;
            ``Other Procurement, Air Force, 2010/2012'', $12,200,000;
            ``Procurement, Defense-Wide, 2010/2012'', $716,000;
            ``Aircraft Procurement, Army, 2011/2013'', $21,500,000;
            ``Missile Procurement, Army, 2011/2013'', $99,800,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army,
        2011/2013'', $18,834,000;
            ``Procurement of Ammunition, Army, 2011/2013'', $15,000,000;
            ``Other Procurement, Army, 2011/2013'', $438,436,000;
            ``Aircraft Procurement, Navy, 2011/2013'', $78,000,000;
            ``Weapons Procurement, Navy, 2011/2013'', $34,276,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 2011/
        2013'', $28,262,000;
            ``Other Procurement, Navy, 2011/2013'', $59,598,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 2011/
        2015'': Littoral Combat Ship Advance Procurement: $110,351,000;
            ``Aircraft Procurement, Air Force, 2011/2013'', $220,213,000;
            ``Missile Procurement, Air Force, 2011/2013'', $193,900,000;
            ``Other Procurement, Air Force, 2011/2013'', $52,868,000;
            ``Procurement, Defense-Wide, 2011/2013'', $4,312,000;
            ``Research, Development, Test and Evaluation, Army, 2011/
        2012'', $356,625,000;
            ``Research, Development, Test and Evaluation, Navy, 2011/
        2012'', $65,687,000;
            ``Research, Development, Test and Evaluation, Air Force, 2011/
        2012'', $258,094,000;
            ``Research, Development, Test and Evaluation, Defense-Wide,
        2011/2012'', $254,284,000;
            ``Defense Health Program, 2011/2012'', $257,000:
             Provided, That the funds rescinded from the National Defense
        Sealift accounts are those described under the heading ``National
        Defense Sealift Fund'' in Public Law 107-117, Public Law 107-248,
        and Public Law 108-87, or for the purposes described in section 115
        of division H of Public Law 108-199, as amended by section 1017 of
        division A of Public Law 109-13.
        Sec. 8041.  None of the funds available in this Act may be used to
    reduce the authorized positions for military technicians (dual status)
    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
    technicians (dual status), unless such reductions are a direct result
    of a reduction in military force structure.
        Sec. 8042.  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. 8043.  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. 8044.  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. 8045. (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. 8046.  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. 8047.  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. 8048.  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. 8049. (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. 8050.  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. 8051.  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. 8052.  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 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. 8053. (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. 8054.  Using funds made 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. 8055.  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. 8056.  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. 8057. (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. 8058. (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. 8059.  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. 8060.  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 45 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. 8061.  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. 8062.  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. 8063.  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. 8064.  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. 8065.  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. 8066.  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 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.

                         (including transfer of funds)

        Sec. 8067.  Of the amounts appropriated in this Act under the
    heading ``Operation and Maintenance, Army'', $124,493,000 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. 8068.  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 2012.
        Sec. 8069.  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, that upon the determination
    of the Secretary of Defense that it shall serve the national interest,
    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.
        Sec. 8070. (a) In General.--Subchapter I of chapter 88 of title 10,
    United States Code, is amended by adding the following new section at
    its end--
    ``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING
        ``Authorization of Payments.--Using funds provided for operation
    and maintenance and notwithstanding section 2215 of title 10, United
    States Code, the Secretary of Defense may reimburse the Secretary of
    Homeland Security for costs associated with the processing and
    adjudication by the United States Citizenship and Immigration Services
    (USCIS) of applications for naturalization described in sections
    328(b)(4) and 329(b)(4) of the Immigration and Nationality Act (8
    U.S.C. Sec. Sec.  1439(b)(4) and 1440(b)(4)). Such reimbursements shall
    be deposited and remain available as provided by sections 286(m) and
    (n) of such Act (8 U.S.C. Sec.  1356(m)). Such reimbursements shall be
    based on actual costs incurred by USCIS for processing applications for
    naturalization, and shall not exceed $7,500,000 per fiscal year.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    subchapter I of chapter 88 of title 10, United States Code, is amended
    by inserting after the item relating to section 1789 the following new
    item:

    ``1790. Military personnel citizenship processing.''.

                         (including transfer of funds)

        Sec. 8071.  Of the amounts appropriated in this Act under the
    heading ``Research, Development, Test and Evaluation, Defense-Wide'',
    $235,700,000 shall be for the Israeli Cooperative Programs:  Provided,
    That of this amount, $110,525,000 shall be for the Short Range
    Ballistic Missile Defense (SRBMD) program, including cruise missile
    defense research and development under the SRBMD program, of which
    $15,000,000 shall be for production activities of SRBMD missiles in the
    United States and in Israel to meet Israel's defense requirements
    consistent with each nation's laws, regulations, and procedures,
    $66,220,000 shall be available for an upper-tier component to the
    Israeli Missile Defense Architecture, and $58,955,000 shall be for the
    Arrow System Improvement Program including development of a long range,
    ground and airborne, detection suite:  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. 8072. (a) None of the funds available to the Department of
    Defense may be obligated to modify command and control relationships to
    give Fleet Forces Command operational and administrative control of
    U.S. Navy forces assigned to the Pacific fleet.
        (b) None of the funds available to the Department of Defense may be
    obligated to modify command and control relationships to give United
    States Transportation Command operational and administrative control of
    C-130 and KC-135 forces assigned to the Pacific and European Air Force
    Commands.
        (c) The command and control relationships in subsections (a) and
    (b) which existed on March 13, 2011, shall remain in force unless
    changes are specifically authorized in a subsequent Act.

                         (including transfer of funds)

        Sec. 8073.  Of the amounts appropriated in this Act under the
    heading ``Shipbuilding and Conversion, Navy'', $73,992,000 shall be
    available until September 30, 2012, to fund prior year shipbuilding
    cost increases:  Provided, That upon enactment of this Act, the
    Secretary of the Navy shall transfer funds to the following
    appropriations in the amounts specified:  Provided further, That the
    amounts transferred shall be merged with and be available for the same
    purposes as the appropriations to which transferred to:
            (1) Under the heading ``Shipbuilding and Conversion, Navy,
        2005/2012'': LPD-17 Amphibious Transport Dock Program $18,627,000;
            (2) Under the heading ``Shipbuilding and Conversion, Navy,
        2006/2012'': LPD-17 Amphibious Transport Dock Program $23,437,000;
        and
            (3) Under the heading ``Shipbuilding and Conversion, Navy,
        2008/2012'': LPD-17 Amphibious Transport Dock Program $31,928,000.

                         (including transfer of funds)

        Sec. 8074. (a) Of the amounts appropriated in title IV of this Act
    under the heading ``Research, Development, Test and Evaluation, Army'',
    for Budget Activities 4, 5 and 7, $50,000,000 shall be transferred to
    Program Element 0605601A:  Provided, That no funds may be transferred
    until 30 days after the Secretary of the Army provides to the
    congressional defense committees a report including the details of any
    such transfer:  Provided further, That the transfer authority provided
    under this provision is in addition to any other transfer authority
    contained in this Act.
        (b) Of the amounts appropriated in title IV of this Act under the
    heading ``Research, Development, Test and Evaluation, Air Force'', for
    Budget Activities 4, 5 and 7, $34,000,000 shall be transferred to
    Program Element 0605807F:  Provided, That no funds may be transferred
    until 30 days after the Secretary of the Air Force provides to the
    congressional defense committees a report including the details of any
    such transfer:  Provided further, That the transfer authority provided
    under this provision is in addition to any other transfer authority
    contained in this Act.
        Sec. 8075.  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 2012 until the enactment of the Intelligence Authorization
    Act for Fiscal Year 2012.
        Sec. 8076.  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. 8077.  The budget of the President for fiscal year 2013
    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. 8078.  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. 8079.  In addition to the amounts appropriated or otherwise
    made available elsewhere in this Act, $44,000,000 is hereby
    appropriated to the Department of Defense:  Provided, That upon the
    determination of the Secretary of Defense that it shall serve the
    national interest, he shall make grants in the amounts specified as
    follows: $20,000,000 to the United Service Organizations and
    $24,000,000 to the Red Cross.
        Sec. 8080.  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. 8081.  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. 8082. (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. 8083.  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. 8084.  For purposes of section 7108 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. 8085. (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. 8086.  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. 8087.  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, 2013.
        Sec. 8088.  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.

                         (including transfer of funds)

        Sec. 8089.  During the current fiscal year, not to exceed
    $200,000,000 from funds available under ``Operation and Maintenance,
    Defense-Wide'' may be transferred to the Department of State ``Global
    Security Contingency Fund'':  Provided, 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 30 days prior to making transfers to the Department of State
    ``Global Security Contingency Fund'', notify the congressional defense
    committees in writing with the source of funds and a detailed
    justification, execution plan, and timeline for each proposed project.
        Sec. 8090.  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 $10,000,000
        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 $5,000,000 in any fiscal year, the R-1,
        Research, Development, Test and Evaluation Program; R-2, Research,
        Development, Test and Evaluation Budget Item Justification; R-3,
        Research, Development, Test and Evaluation Project Cost Analysis;
        and R-4, Research, Development, Test and Evaluation Program
        Schedule Profile.
        Sec. 8091.  The amounts appropriated in title II of this Act are
    hereby reduced by $515,000,000 to reflect excess cash balances in
    Department of Defense Working Capital Funds, as follows: From
    ``Operation and Maintenance, Army'', $515,000,000.
        Sec. 8092. (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 2012:  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. 8093. (a) None of the funds provided for the National
    Intelligence Program in this or any prior appropriations Act shall be
    available for obligation or expenditure through a reprogramming or
    transfer of funds in accordance with section 102A(d) of the National
    Security Act of 1947 (50 U.S.C. 403-1(d)) that--
            (1) creates a new start effort;
            (2) terminates a program with appropriated funding of
        $10,000,000 or more;
            (3) transfers funding into or out of the National Intelligence
        Program; or
            (4) transfers funding between appropriations,
    unless the congressional intelligence committees are notified 30 days
    in advance of such reprogramming of funds; this notification period may
    be reduced for urgent national security requirements.
        (b) None of the funds provided for the National Intelligence
    Program in this or any prior appropriations Act shall be available for
    obligation or expenditure through a reprogramming or transfer of funds
    in accordance with section 102A(d) of the National Security Act of 1947
    (50 U.S.C. 403-1(d)) that results in a cumulative increase or decrease
    of the levels specified in the classified annex unless the
    congressional intelligence committees are notified 30 days in advance
    of such reprogramming of funds; this notification period may be reduced
    for urgent national security requirements.
        Sec. 8094.  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. 8095.  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. 8096.  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.

                         (including transfer of funds)

        Sec. 8097.  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 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. 8098.  Of the funds appropriated in the Intelligence Community
    Management Account for the Program Manager for the Information Sharing
    Environment, $20,000,000 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. 8099.  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. 8100. (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. 8101. (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.
        Sec. 8102. (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 fiscal year 2012 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 Investment Review Board.
        (b) This section shall not apply to any programmatic or analytic
    systems or programmatic or analytic system improvements.
        Sec. 8103.  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.

                         (including transfer of funds)

        Sec. 8104.  From within the funds appropriated for operation and
    maintenance for the Defense Health Program in this Act, up to
    $135,631,000, 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. 8105.  Section 310(b) of the Supplemental Appropriations Act,
    2009 (Public Law 111-32; 124 Stat. 1871), as amended by Public Law 112-
    10, is amended by striking ``2 years'' both places it appears and
    inserting ``3 years''.
        Sec. 8106.  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 the
    enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees the Office of the
    Director of National Intelligence strategic human capital plan and the
    Office of Director of National Intelligence current and future grade
    structure, to include General Schedule 15 positions.
        Sec. 8107.  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. 8108.  Appropriations available to the Department of Defense
    may be used for the purchase of 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. 8109.  The Inspector General of the Department of Defense
    shall conduct a review of Anti-deficiency Act violations and their
    causes in the Department of Defense Military Personnel accounts. Based
    on the findings of the review, the Inspector General shall submit to
    the congressional defense committees a report containing the results of
    the review and recommendations for corrective actions to be
    implemented.
        Sec. 8110.  Of the amounts appropriated for ``Operation and
    Maintenance, Defense-Wide'', $33,000,000 shall be available to the
    Secretary of Defense, notwithstanding any other provision of law,
    acting through the Office of Economic Adjustment of the Department of
    Defense, to make grants, conclude cooperative agreements, and
    supplement other Federal funds, to remain available until expended, to
    assist the civilian population of Guam in response to the military
    buildup of Guam, to include addressing the need for vehicles and
    supplies for civilian student transportation, preservation and
    repository of artifacts unearthed during military construction, and
    construction of a mental health and substance abuse facility:
    Provided, That the Secretary of Defense shall, not fewer than 15 days
    prior to obligating funds for this purpose, notify the congressional
    defense committees in writing of the details of any such obligation.
        Sec. 8111.  None of the funds made available by this Act may be
    used by the Secretary of Defense to take beneficial occupancy of more
    than 2,000 parking spaces (other than handicap-reserved spaces) to be
    provided by the BRAC 133 project:  Provided, That this limitation may
    be waived in part if: (1) the Secretary of Defense certifies to
    Congress that levels of service at existing intersections in the
    vicinity of the project have not experienced failing levels of service
    as defined by the Transportation Research Board Highway Capacity Manual
    over a consecutive 90-day period; (2) the Department of Defense and the
    Virginia Department of Transportation agree on the number of additional
    parking spaces that may be made available to employees of the facility
    subject to continued 90-day traffic monitoring; and (3) the Secretary
    of Defense notifies the congressional defense committees in writing at
    least 14 days prior to exercising this waiver of the number of
    additional parking spaces to be made available:  Provided further, That
    the Secretary of Defense shall implement the Department of Defense
    Inspector General recommendations outlined in report number DODIG-2012-
    024, and certify to Congress not later than 180 days after enactment of
    this Act that the recommendations have been implemented.
        Sec. 8112. (a) None of the funds provided in this title for
    Operation and Maintenance may be available for obligation or
    expenditure to relocate Air Force program offices, or acquisition
    management functions of major weapons systems, to a central location,
    or to any location other than the Air Force Material Command site where
    they are currently located until 30 days after the Secretary of the Air
    Force submits the initial report under subsection (b).
        (b) The Secretary of the Air Force shall submit to the
    congressional defense committees a report which includes the following:
    a listing of all Air Force Material Command functions to be transferred
    and an identification of the locations where these functions will be
    transferred from and to; a listing of all Air Force Material Command
    personnel positions to be transferred and an identification of the
    locations these positions will be transferred from and to; and the cost
    benefit analysis and the life-cycle cost analysis underpinning the
    Secretary of the Air Force's decision to relocate Air Force Material
    Command functions and personnel.
        Sec. 8113.  Not later than 120 days after the date of the enactment
    of this Act, the Secretary of Defense shall resume quarterly reporting
    of the numbers of civilian personnel end strength by appropriation
    account for each and every appropriation account used to finance
    Federal civilian personnel salaries to the congressional defense
    committees within 15 days after the end of each fiscal quarter.
        Sec. 8114.  In addition to amounts provided elsewhere in this Act,
    $10,000,000 is hereby appropriated, for an additional amount for
    ``Research, Development, Test and Evaluation, Army'', to remain
    available until September 30, 2013. Such funds may be available for the
    Secretary of the Army to conduct research on alternative energy
    resources for deployed forces.
        Sec. 8115.  The Secretary of Defense shall study and report to the
    Congressional Defense Committees the feasibility of using commercially
    available telecommunications expense management solutions across the
    Department of Defense by March 1, 2012.
        Sec. 8116.  None of the funds appropriated in this or any other Act
    may be used to plan, prepare for, or otherwise take any action to
    undertake or implement the separation of the National Intelligence
    Program budget from the Department of Defense budget.

                         (including transfer of funds)

        Sec. 8117.  Upon a determination by the Director of National
    Intelligence that such action is necessary and in the national
    interest, the Director may, with the approval of the Office of
    Management and Budget, transfer not to exceed $2,000,000,000 of the
    funds made available in this Act for the National Intelligence Program:
     Provided, That such authority to transfer may not be used unless for
    higher priority items, based on unforeseen intelligence 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 a request for multiple reprogrammings of funds
    using authority provided in this section shall be made prior to June
    30, 2012.

                         (including transfer of funds)

        Sec. 8118.  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. 8119.  None of the funds appropriated or otherwise made
    available in this or any other 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.
        Sec. 8120. (a)(1) Except as provided in paragraph (2) and
    subsection (d), none of the funds appropriated or otherwise made
    available in this or any other Act may be used to transfer any
    individual detained at Guantanamo to the custody or control of the
    individual's country of origin, any other foreign country, or any other
    foreign entity unless the Secretary of Defense submits to Congress the
    certification described in subsection (b) not later than 30 days before
    the transfer of the individual.
        (2) Paragraph (1) shall not apply to any action taken by the
    Secretary to transfer any individual detained at Guantanamo to
    effectuate--
            (A) an order affecting the disposition of the individual that
        is issued by a court or competent tribunal of the United States
        having lawful jurisdiction (which the Secretary shall notify
        Congress of promptly after issuance); or
            (B) a pre-trial agreement entered in a military commission case
        prior to the date of the enactment of this Act.
        (b) A certification described in this subsection is a written
    certification made by the Secretary of Defense, with the concurrence of
    the Secretary of State and in consultation with the Director of
    National Intelligence, that--
            (1) the government of the foreign country or the recognized
        leadership of the foreign entity to which the individual detained
        at Guantanamo is to be transferred--
                (A) is not a designated state sponsor of terrorism or a
            designated foreign terrorist organization;
                (B) maintains control over each detention facility in which
            the individual is to be detained if the individual is to be
            housed in a detention facility;
                (C) is not, as of the date of the certification, facing a
            threat that is likely to substantially affect its ability to
            exercise control over the individual;
                (D) has taken or agreed to take effective actions to ensure
            that the individual cannot take action to threaten the United
            States, its citizens, or its allies in the future;
                (E) has taken or agreed to take such actions as the
            Secretary of Defense determines are necessary to ensure that
            the individual cannot engage or reengage in any terrorist
            activity; and
                (F) has agreed to share with the United States any
            information that--
                    (i) is related to the individual or any associates of
                the individual; and
                    (ii) could affect the security of the United States,
                its citizens, or its allies; and
            (2) includes an assessment, in classified or unclassified form,
        of the capacity, willingness, and past practices (if applicable) of
        the foreign country or entity in relation to the Secretary's
        certifications.
        (c)(1) Except as provided in paragraph (2) and subsection (d), none
    of the funds appropriated or otherwise made available in this or any
    other Act may be used to transfer any individual detained at Guantanamo
    to the custody or control of the individual's country of origin, any
    other foreign country, or any other foreign entity if there is a
    confirmed case of any individual who was detained at United States
    Naval Station, Guantanamo Bay, Cuba, at any time after September 11,
    2001, who was transferred to such foreign country or entity and
    subsequently engaged in any terrorist activity.
        (2) Paragraph (1) shall not apply to any action taken by the
    Secretary to transfer any individual detained at Guantanamo to
    effectuate--
            (A) an order affecting the disposition of the individual that
        is issued by a court or competent tribunal of the United States
        having lawful jurisdiction (which the Secretary shall notify
        Congress of promptly after issuance); or
            (B) a pre-trial agreement entered in a military commission case
        prior to the date of the enactment of this Act.
        (d)(1) The Secretary of Defense may waive the applicability to a
    detainee transfer of a certification requirement specified in
    subparagraph (D) or (E) of subsection (b)(1) or the prohibition in
    subsection (c), if the Secretary certifies the rest of the criteria
    required by subsection (b) for transfers prohibited by (c) and, with
    the concurrence of the Secretary of State and in consultation with the
    Director of National Intelligence, determines that--
            (A) alternative actions will be taken to address the underlying
        purpose of the requirement or requirements to be waived;
            (B) in the case of a waiver of subparagraph (D) or (E) of
        subsection (b)(1), it is not possible to certify that the risks
        addressed in the paragraph to be waived have been completely
        eliminated, but the actions to be taken under subparagraph (A) will
        substantially mitigate such risks with regard to the individual to
        be transferred;
            (C) in the case of a waiver of subsection (c), the Secretary
        has considered any confirmed case in which an individual who was
        transferred to the country subsequently engaged in terrorist
        activity, and the actions to be taken under subparagraph (A) will
        substantially mitigate the risk of recidivism with regard to the
        individual to be transferred; and
            (D) the transfer is in the national security interests of the
        United States.
        (2) Whenever the Secretary makes a determination under paragraph
    (1), the Secretary shall submit to the appropriate committees of
    Congress, not later than 30 days before the transfer of the individual
    concerned, the following:
            (A) A copy of the determination and the waiver concerned.
            (B) A statement of the basis for the determination, including--
                (i) an explanation why the transfer is in the national
            security interests of the United States; and
                (ii) in the case of a waiver of subparagraph (D) or (E) of
            subsection (b)(1), an explanation why it is not possible to
            certify that the risks addressed in the subparagraph to be
            waived have been completely eliminated.
            (C) A summary of the alternative actions to be taken to address
        the underlying purpose of, and to mitigate the risks addressed in,
        the subparagraph or subsection to be waived.
            (D) The assessment required by subsection (b)(2).
        (e) In this section:
            (1) The term ``appropriate committees of Congress'' means--
                (A) the Committee on Armed Services, the Committee on
            Appropriations, and the Select Committee on Intelligence of the
            Senate; and
                (B) the Committee on Armed Services, the Committee on
            Appropriations, and the Permanent Select Committee on
            Intelligence of the House of Representatives.
            (2) The term ``individual detained at Guantanamo'' means any
        individual located at United States Naval Station, Guantanamo Bay,
        Cuba, as of October 1, 2009, who--
                (A) is not a citizen of the United States or a member of
            the Armed Forces of the United States; and
                (B) is--
                    (i) in the custody or under the control of the
                Department of Defense; or
                    (ii) otherwise under detention at United States Naval
                Station, Guantanamo Bay, Cuba.
            (3) The term ``foreign terrorist organization'' means any
        organization so designated by the Secretary of State under section
        219 of the Immigration and Nationality Act (8 U.S.C. 1189).
        Sec. 8121. (a) None of the funds appropriated or otherwise made
    available in this or any other Act may be used to construct, acquire,
    or modify any facility in the United States, its territories, or
    possessions to house any individual described in subsection (c) for the
    purposes of detention or imprisonment in the custody or under the
    effective control of the Department of Defense.
        (b) The prohibition in subsection (a) shall not apply to any
    modification of facilities at United States Naval Station, Guantanamo
    Bay, Cuba.
        (c) An individual described in this subsection is any individual
    who, as of June 24, 2009, is located at United States Naval Station,
    Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the
        Armed Forces of the United States; and
            (2) is--
                (A) in the custody or under the effective control of the
            Department of Defense; or
                (B) otherwise under detention at United States Naval
            Station, Guantanamo Bay, Cuba.
        Sec. 8122.  Of the funds made available to the Department of
    Defense under ``Operation and Maintenance, Defense-Wide'' in title II,
    $1,000,000 may be available to the Department to competitively
    commission an independent assessment of the current and prospective
    situation on the ground in Afghanistan and Pakistan, including the
    strategic environment in and around Afghanistan and Pakistan; the
    security, political, and economic and reconstruction developments in
    those two countries; and relevant policy recommendations relating
    thereto.
        Sec. 8123.  Not later than 90 days after the date of the enactment
    of this Act, the Secretary of Defense shall submit to the congressional
    defense committees a report on the approximately $100,000,000,000 in
    efficiency savings identified by the military departments in the
    defense budget covering fiscal years 2012 through 2016 that are to be
    reinvested in the priorities of the military departments. Such report
    shall include an analysis of--
            (1) each savings identified by the military departments,
        including--
                (A) the budget account from which such savings will be
            derived;
                (B) the number of military personnel and full-time civilian
            employees of the Federal Government affected by such savings;
                (C) the estimated reductions in the number and funding of
            contractor personnel caused by such savings; and
                (D) a specific description of activities or services that
            will be affected by such savings, including the locations of
            such activities or services; and
            (2) each reinvestment planned to be funded with such savings,
        including--
                (A) with respect to such reinvestment in procurement and
            research, development, test and evaluation accounts, the budget
            account to which such savings will be reinvested, including, by
            line item, the number of items to be procured, as shown in
            annual P-1 and R-1 documents;
                (B) with respect to such reinvestment in military personnel
            and operation and maintenance accounts, the budget account and
            the subactivity (as shown in annual-1 and O-1 budget documents)
            to which such savings will be reinvested;
                (C) the number of military personnel and full-time civilian
            employees of the Federal Government affected by such
            reinvestment;
                (D) the estimated number and funding of contractor
            personnel affected by such reinvestment; and
                (E) a specific description of activities or services that
            will be affected by such reinvestment, including the locations
            of such activities or services.
        Sec. 8124.  None of the funds made available by this Act may be
    used to enter into a contract, memorandum of understanding, or
    cooperative agreement with, make a grant to, or provide a loan or loan
    guarantee to, any corporation that any unpaid Federal tax liability
    that has been assessed, for which all judicial and administrative
    remedies have been exhausted or have lapsed, and that is not being paid
    in a timely manner pursuant to an agreement with the authority
    responsible for collecting the tax liability, where the awarding agency
    is aware of the unpaid tax liability, unless the agency has considered
    suspension or debarment of the corporation and made a determination
    that this further action is not necessary to protect the interests of
    the Government.
        Sec. 8125.  None of the funds made available by this Act may be
    used to enter into a contract, memorandum of understanding, or
    cooperative agreement with, make a grant to, or provide a loan or loan
    guarantee to, any corporation that was convicted of a felony criminal
    violation under any Federal law within the preceding 24 months, where
    the awarding agency is aware of the conviction, unless the agency has
    considered suspension or debarment of the corporation and made a
    determination that this further action is not necessary to protect the
    interests of the Government.

                         (including transfer of funds)

        Sec. 8126.  There is hereby established in the Treasury of the
    United States the ``Military Intelligence Program Transfer Fund''. In
    addition to amounts provided elsewhere in this Act, there is
    appropriated $310,758,000 for the ``Military Intelligence Program
    Transfer Fund'':  Provided, That of the funds made available in this
    section, the Secretary of Defense may transfer these funds only to
    ``Operation and Maintenance, Defense-Wide'' or ``Research, Development,
    Test and Evaluation, Defense-Wide'' and only for the purposes described
    in the classified annex accompanying this Act:  Provided further, That
    the Secretary shall notify the congressional defense committees in
    writing of the details of any such transfer not fewer than 15 days
    prior to making such transfers:  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 to which the funds
    are transferred:  Provided further, That this transfer authority is in
    addition to any other transfer authority provided in this Act.
        Sec. 8127.  None of the funds made available by this Act may be
    used in contravention of section 1590 or 1591 of title 18, United
    States Code, or in contravention of the requirements of section 106(g)
    or (h) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
    7104(g) or (h)).
        Sec. 8128.  None of the funds made available by this Act for
    international military education and training, foreign military
    financing, excess defense articles, assistance under section 1206 of
    the National Defense Authorization Act for Fiscal Year 2006 (Public Law
    109-163; 119 Stat. 3456), issuance for direct commercial sales of
    military equipment, or peacekeeping operations for the countries of
    Chad, Yemen, Somalia, Sudan, Democratic Republic of the Congo, and
    Burma may be used to support any military training or operations that
    include child soldiers, as defined by the Child Soldiers Prevention Act
    of 2008, and except if such assistance is otherwise permitted under
    section 404 of the Child Soldiers Prevention Act of 2008 (Public Law
    110-457; 22 U.S.C. 2370c-1).
        Sec. 8129.  None of the funds made available by this Act may be
    used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
    seq.).

                                    TITLE IX

                        OVERSEAS CONTINGENCY OPERATIONS

                               MILITARY PERSONNEL

                            Military Personnel, Army

        For an additional amount for ``Military Personnel, Army'',
    $7,195,335,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                            Military Personnel, Navy

        For an additional amount for ``Military Personnel, Navy'',
    $1,259,234,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                        Military Personnel, Marine Corps

        For an additional amount for ``Military Personnel, Marine Corps'',
    $714,360,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                         Military Personnel, Air Force

        For an additional amount for ``Military Personnel, Air Force'',
    $1,492,381,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                            Reserve Personnel, Army

        For an additional amount for ``Reserve Personnel, Army'',
    $207,162,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                            Reserve Personnel, Navy

        For an additional amount for ``Reserve Personnel, Navy'',
    $44,530,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                        Reserve Personnel, Marine Corps

        For an additional amount for ``Reserve Personnel, Marine Corps'',
    $25,421,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                          Reserve Personnel, Air Force

        For an additional amount for ``Reserve Personnel, Air Force''
    $26,815,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                         National Guard Personnel, Army

        For an additional amount for ``National Guard Personnel, Army'',
    $664,579,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                      National Guard Personnel, Air Force

        For an additional amount for ``National Guard Personnel, Air
    Force'', $9,435,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                           OPERATION AND MAINTENANCE

                        Operation and Maintenance, Army

        For an additional amount for ``Operation and Maintenance, Army'',
    $44,794,156,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                        Operation and Maintenance, Navy

        For an additional amount for ``Operation and Maintenance, Navy'',
    $7,674,026,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Marine Corps

        For an additional amount for ``Operation and Maintenance, Marine
    Corps'', $3,935,210,000:  Provided, That such amounts in this paragraph
    are designated by the Congress for Overseas Contingency Operations/
    Global War on Terrorism pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                      Operation and Maintenance, Air Force

        For an additional amount for ``Operation and Maintenance, Air
    Force'', $10,879,347,000:  Provided, That such amounts in this
    paragraph are designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Defense-Wide

        For an additional amount for ``Operation and Maintenance, Defense-
    Wide'', $9,252,211,000:  Provided, That each amount in this section is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985:  Provided further,
    That of the funds provided under this heading: Not to exceed
    $1,690,000,000, to remain available until September 30, 2013, 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 Enduring Freedom, Operation New
    Dawn, and post-operation Iraq border security related to the activities
    of the Office of Security Cooperation in Iraq, notwithstanding any
    other provision of law:  Provided further, 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 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 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'', $217,500,000:  Provided, That such amounts in this paragraph
    are designated by the Congress for Overseas Contingency Operations/
    Global War on Terrorism pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Navy Reserve

        For an additional amount for ``Operation and Maintenance, Navy
    Reserve'', $74,148,000:  Provided, That such amounts in this paragraph
    are designated by the Congress for Overseas Contingency Operations/
    Global War on Terrorism pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Marine Corps Reserve

        For an additional amount for ``Operation and Maintenance, Marine
    Corps Reserve'', $36,084,000:  Provided, That such amounts in this
    paragraph are designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force Reserve

        For an additional amount for ``Operation and Maintenance, Air Force
    Reserve'', $142,050,000:  Provided, That such amounts in this paragraph
    are designated by the Congress for Overseas Contingency Operations/
    Global War on Terrorism pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Army National Guard

        For an additional amount for ``Operation and Maintenance, Army
    National Guard'', $377,544,000:  Provided, That such amounts in this
    paragraph are designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Air National Guard

        For an additional amount for ``Operation and Maintenance, Air
    National Guard'', $34,050,000:  Provided, That such amounts in this
    paragraph are designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Afghanistan Infrastructure Fund

                         (including transfer of funds)

        For the ``Afghanistan Infrastructure Fund'', $400,000,000, to
    remain available until September 30, 2013:  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:  Provided further, That such amounts in this paragraph
    are designated by the Congress for Overseas Contingency Operations/
    Global War on Terrorism pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                        Afghanistan Security Forces Fund

        For the ``Afghanistan Security Forces Fund'', $11,200,000,000, 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 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 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:  Provided further, That such amounts
    in this paragraph are designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                                  PROCUREMENT

                           Aircraft Procurement, Army

        For an additional amount for ``Aircraft Procurement, Army'',
    $1,137,381,000, to remain available until September 30, 2014:
    Provided, That such amounts in this paragraph are designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                           Missile Procurement, Army

        For an additional amount for ``Missile Procurement, Army'',
    $126,556,000, to remain available until September 30, 2014:  Provided,
    That such amounts in this paragraph are designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

            Procurement of Weapons and Tracked Combat Vehicles, Army

        For an additional amount for ``Procurement of Weapons and Tracked
    Combat Vehicles, Army'', $37,117,000, to remain available until
    September 30, 2014:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                        Procurement of Ammunition, Army

        For an additional amount for ``Procurement of Ammunition, Army'',
    $208,381,000, to remain available until September 30, 2014:  Provided,
    That such amounts in this paragraph are designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                            Other Procurement, Army

        For an additional amount for ``Other Procurement, Army'',
    $1,334,345,000, to remain available until September 30, 2014:
    Provided, That such amounts in this paragraph are designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                           Aircraft Procurement, Navy

        For an additional amount for ``Aircraft Procurement, Navy'',
    $480,935,000, to remain available until September 30, 2014:  Provided,
    That such amounts in this paragraph are designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                           Weapons Procurement, Navy

        For an additional amount for ``Weapons Procurement, Navy'',
    $41,070,000, to remain available until September 30, 2014:  Provided,
    That such amounts in this paragraph are designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                Procurement of Ammunition, Navy and Marine Corps

        For an additional amount for ``Procurement of Ammunition, Navy and
    Marine Corps'', $317,100,000, to remain available until September 30,
    2014:  Provided, That such amounts in this paragraph are designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                            Other Procurement, Navy

        For an additional amount for ``Other Procurement, Navy'',
    $236,125,000, to remain available until September 30, 2014:  Provided,
    That such amounts in this paragraph are designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                           Procurement, Marine Corps

        For an additional amount for ``Procurement, Marine Corps'',
    $1,233,996,000, to remain available until September 30, 2014:
    Provided, That such amounts in this paragraph are designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                        Aircraft Procurement, Air Force

        For an additional amount for ``Aircraft Procurement, Air Force'',
    $1,235,777,000, to remain available until September 30, 2014:
    Provided, That such amounts in this paragraph are designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         Missile Procurement, Air Force

        For an additional amount for ``Missile Procurement, Air Force'',
    $41,220,000, to remain available until September 30, 2014:  Provided,
    That such amounts in this paragraph are designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                      Procurement of Ammunition, Air Force

        For an additional amount for ``Procurement of Ammunition, Air
    Force'', $109,010,000, to remain available until September 30, 2014:
    Provided, That such amounts in this paragraph are designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                          Other Procurement, Air Force

        For an additional amount for ``Other Procurement, Air Force'',
    $3,088,510,000, to remain available until September 30, 2014:
    Provided, That such amounts in this paragraph are designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                           Procurement, Defense-Wide

        For an additional amount for ``Procurement, Defense-Wide'',
    $405,768,000, to remain available until September 30, 2014:  Provided,
    That such amounts in this paragraph are designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                      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, $1,000,000,000, to remain available for
    obligation until September 30, 2014:  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:  Provided
    further, That such amounts in this paragraph are designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                  Mine Resistant Ambush Protected Vehicle Fund

                         (including transfer of funds)

        For the Mine Resistant Ambush Protected Vehicle Fund,
    $2,600,170,000, 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, 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:  Provided
    further, That such amounts in this paragraph are designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                   RESEARCH, DEVELOPMENT, TEST AND EVALUATION

                Research, Development, Test and Evaluation, Army

        For an additional amount for ``Research, Development, Test and
    Evaluation, Army'', $18,513,000, to remain available until September
    30, 2013:  Provided, That such amounts in this paragraph are designated
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                Research, Development, Test and Evaluation, Navy

        For an additional amount for ``Research, Development, Test and
    Evaluation, Navy'', $53,884,000, to remain available until September
    30, 2013:  Provided, That such amounts in this paragraph are designated
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

             Research, Development, Test and Evaluation, Air Force

        For an additional amount for ``Research, Development, Test and
    Evaluation, Air Force'', $259,600,000, to remain available until
    September 30, 2013:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

            Research, Development, Test and Evaluation, Defense-Wide

        For an additional amount for ``Research, Development, Test and
    Evaluation, Defense-Wide'', $194,361,000, to remain available until
    September 30, 2013:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                         REVOLVING AND MANAGEMENT FUNDS

                         Defense Working Capital Funds

        For an additional amount for ``Defense Working Capital Funds'',
    $435,013,000:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For an additional amount for ``Defense Health Program'',
    $1,228,288,000, which shall be for operation and maintenance, to remain
    available until September 30, 2012:  Provided, That such amounts in
    this paragraph are designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

             Drug Interdiction and Counter-Drug Activities, Defense

        For an additional amount for ``Drug Interdiction and Counter-Drug
    Activities, Defense'', $456,458,000, to remain available until
    September 30, 2013:  Provided, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                 Joint Improvised Explosive Device Defeat Fund

                         (including transfer of funds)

        For the ``Joint Improvised Explosive Device Defeat Fund'',
    $2,441,984,000, to remain available until September 30, 2014:
    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:  Provided further, That such amounts in this paragraph are
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                        Office of the Inspector General

        For an additional amount for the ``Office of the Inspector
    General'', $11,055,000:  Provided, That such amounts in this paragraph
    are designated by the Congress for Overseas Contingency Operations/
    Global War on Terrorism pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                         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
    2012.

                         (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, 2012.
        Sec. 9003.  Supervision and administration costs associated with a
    construction project funded with appropriations available for operation
    and maintenance, ``Afghanistan Infrastructure Fund'', 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 the U.S. Central Command area of
    responsibility: (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 $400,000,000 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 Afghanistan to respond to urgent,
    small-scale, humanitarian relief and reconstruction requirements within
    their areas of responsibility:  Provided, That each project (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 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.  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. 9008.  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. 9009.  None of the funds provided for the ``Afghanistan
    Security Forces Fund'' (ASFF) may be obligated prior to the approval of
    a financial and activity plan by the Afghanistan Resources Oversight
    Council (AROC) of the Department of Defense:  Provided, That the AROC
    must approve the requirement and acquisition plan for any service
    requirements in excess of $50,000,000 annually and any non-standard
    equipment requirements in excess of $100,000,000 using ASFF:  Provided
    further, That the AROC must approve all projects and the execution plan
    under the ``Afghanistan Infrastructure Fund'' (AIF) and any project in
    excess of $5,000,000 from the Commanders Emergency Response Program
    (CERP):  Provided further, That the Department of Defense must certify
    to the congressional defense committees that the AROC has convened and
    approved a process for ensuring compliance with the requirements in the
    preceding provisos and accompanying report language for the ASFF, AIF,
    and CERP.
        Sec. 9010. (a) Funding for Outreach and Reintegration Services
    Under Yellow Ribbon Reintegration Program.--Of the amounts appropriated
    or otherwise made available by title IX, up to $20,000,000 may be
    available for outreach and reintegration services under the Yellow
    Ribbon Reintegration Program under section 582(h) of the National
    Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
    Stat. 125; 10 U.S.C. 10101 note).
        (b) Supplement Not Supplant.--The amount made available by
    subsection (a) for the services described in that subsection is in
    addition to any other amounts available in this Act for such services.
        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.
        Sec. 9012.  Notwithstanding any other provision of law, up to
    $150,000,000 of funds made available in this title under the heading
    ``Operation and Maintenance, Army'' may be obligated and expended for
    purposes of the Task Force for Business and Stability Operations,
    subject to the direction and control of the Secretary of Defense, with
    concurrence of the Secretary of State, to carry out strategic business
    and economic assistance activities in Afghanistan in support of
    Operation Enduring Freedom:  Provided, That not less than 15 days
    before making funds available pursuant to the authority provided in
    this section for any project with a total anticipated cost of
    $5,000,000 or more, the Secretary shall submit to the congressional
    defense committees a written notice containing a detailed justification
    and timeline for each proposed project.
        Sec. 9013.  From funds made available to the Department of Defense
    in this title under the heading ``Operation and Maintenance, Air
    Force'' up to $524,000,000 may be used by the Secretary of Defense,
    notwithstanding any other provision of law, to support United States
    Government transition activities in Iraq by funding the operations and
    activities of the Office of Security Cooperation in Iraq and security
    assistance teams, including life support, transportation and personal
    security, and facilities renovation and construction:  Provided, That
    not less than 15 days before making funds available pursuant to the
    authority provided in this section, the Secretary shall submit to the
    congressional defense committees a written notice containing a detailed
    justification and timeline for each proposed site.
        Sec. 9014.  The amounts appropriated in title IX of this Act are
    hereby reduced by $4,042,500,000 to reflect reduced troop strength in
    theater:  Provided, That the reductions shall be applied to the
    military personnel and operation and maintenance appropriations only:
    Provided further, That the Secretary of Defense shall, not fewer than
    15 days prior to reducing funds for this purpose, notify the
    congressional defense committees in writing of the details of any such
    reduction by appropriation and budget line item.
        Sec. 9015.  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:  Provided,
    That such amounts are designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985:
            ``Overseas Contingency Operations Transfer Fund, 2010'',
        $356,810,000;
            ``Procurement of Ammunition, Army, 2010/2012'', $21,000,000;
            ``Other Procurement, Air Force, 2010/2012'', $2,250,000.
            This division may be cited as the ``Department of Defense
        Appropriations Act, 2012''.

       DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012

                                    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 river and harbor, 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, $125,000,000, 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);
    $1,694,000,000, 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 Olmsted Lock and
    Dam, Ohio River, Illinois and Kentucky; Emsworth Locks and Dam, Ohio
    River, Pennsylvania; Lock and Dams 2, 3, and 4, Monongahela River,
    Pennsylvania; and Lock and Dam 27, Mississippi River, Illinois) shall
    be derived from the Inland Waterways Trust Fund.

                       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, $252,000,000, 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.

                           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, $2,412,000,000, 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 of Engineers established by the Land and
    Water Conservation Fund 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 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 not be allocated to a
    field operating activity prior to the beginning of the fourth quarter
    of the fiscal year and 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, and that the Chief of
    Engineers shall allocate during the fourth quarter any remaining funds
    which have not been used for emergency activities proportionally in
    accordance with the amounts provided for the programs, projects or
    activities.

                               regulatory program

        For expenses necessary for administration of laws pertaining to
    regulation of navigable waters and wetlands, $193,000,000, to remain
    available until September 30, 2013.

                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, $109,000,000, to remain available until
    expended.

                     flood control and coastal emergencies

        For expenses necessary to prepare for flood, hurricane, and other
    natural disasters and support emergency operations, repairs, and other
    activities in response to such disasters as authorized by law,
    $27,000,000, to remain available until expended.

                                    expenses

        For expenses necessary for the supervision and general
    administration of the civil works program in the headquarters of the
    Corps of Engineers and the offices of the Division Engineers; and for
    costs of management and operation of the Humphreys Engineer Center
    Support Activity, the Institute for Water Resources, the United States
    Army Engineer Research and Development Center, and the United States
    Army Corps of Engineers Finance Center allocable to the civil works
    program, $185,000,000, to remain available until September 30, 2013, 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 provided in title I
    of this Act shall be available to fund the civil works activities of
    the Office of the Chief of Engineers or the civil works executive
    direction and management activities of the division offices:  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), $5,000,000, to remain
    available until September 30, 2013.

                            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

                         (including transfers of funds)

        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 2012, 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 use 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
        into any continuing study 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 any continuing 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 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 $150,000 may be reprogrammed into any
        continuing study or activity that did not receive an appropriation;
            (9) Mississippi river and tributaries.--The same reprogramming
        guidelines for the Investigations, Construction, and Operation and
        Maintenance portions of the Mississippi River and Tributaries
        Account as listed above; 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 Minimus Reprogrammings.--In no case should a reprogramming
    for less than $50,000 be submitted to the House and Senate Committees
    on Appropriations.
        (c) Continuing Authorities Program.--Subsection (a)(1) shall not
    apply to any project or activity funded under the continuing
    authorities program.
        (d) 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 made available in this title may be
    used to award or modify any contract that commits funds beyond the
    amounts appropriated for that program, project, or activity that remain
    unobligated, except that such amounts may include any funds that have
    been made available through reprogramming pursuant to section 101.
        Sec. 103.  None of the funds in this Act, or previous Acts, making
    funds available for Energy and Water Development, 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 is authorized to implement measures recommended
    in the efficacy study authorized under section 3061 of the Water
    Resources Development Act of 2007 (121 Stat. 1121) or in interim
    reports, with such modifications or emergency measures as the Secretary
    of the Army determines to be appropriate, to prevent aquatic nuisance
    species from dispersing into the Great Lakes by way of any hydrologic
    connection between the Great Lakes and the Mississippi River Basin.
        Sec. 106.  The Secretary is authorized to transfer to ``Corps of
    Engineers--Civil--Construction'' up to $100,000,000 of the funds
    provided for reinforcing or replacing flood walls under the heading
    ``Corps of Engineers--Civil--Flood Control and Coastal Emergencies'' in
    Public Law 109-234 and Public Law 110-252 and up to $75,000,000 of the
    funds provided for projects and measures for the West Bank and Vicinity
    and Lake Ponchartrain and Vicinity projects under the heading ``Corps
    of Engineers--Civil--Flood Control and Coastal Emergencies'' in Public
    Law 110-28, to be used with funds provided for the West Bank and
    Vicinity project under the heading ``Corps of Engineers--Civil--
    Construction'' in Public Law 110-252 and Public Law 110-329, consistent
    with 65 percent Federal and 35 percent non-Federal cost share and the
    financing of, and payment terms for, the non-Federal cash contribution
    associated with the West Bank and Vicinity project.
        Sec. 107.  The Secretary of the Army may transfer to the Fish and
    Wildlife Service, and the Fish and Wildlife Service may accept and
    expend, up to $3,800,000 of funds provided in this title under the
    heading ``Operation and Maintenance'' to mitigate for fisheries lost
    due to Corps of Engineers projects.
        Sec. 108.  The Secretary of the Army may authorize a member of the
    Armed Forces under the Secretary's jurisdiction and employees of the
    Department of the Army to serve without compensation as director,
    officer, or otherwise in the management of the organization established
    to support and maintain the participation of the United States in the
    permanent international commission of the congresses of navigation, or
    any successor entity.
        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. This real property to be
    acquired consists of 18.5 acres more or less, identified as Tracts 101-
    1 and 101-2, together with all necessary easements located entirely
    within the Town of Hanover, New Hampshire. The real property is
    generally bounded to the east by state route 10-Lyme Road, to the north
    by the vacant property of the Trustees of the Dartmouth College, to the
    south by Fletcher Circle graduate student housing owned by the Trustees
    of Dartmouth College, and to the west by approximately 9 acres of real
    property acquired in fee through condemnation in 1981 by the Secretary
    of the Army.
        (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 Sellers
        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.  None of the funds made available in this Act may be used
    by the Corps of Engineers to relocate, or study the relocation of, any
    regional division headquarters of the Corps located at a military
    installation or any permanent employees of such headquarters.
        Sec. 111. (a) Section 5 of the Act entitled ``An Act authorizing
    the construction of certain public works on rivers and harbors for
    flood control, and for other purposes,'' approved June 22, 1936, (33
    U.S.C. 701h), is amended by--
            (1) inserting ``for work, which includes planning and design,''
        before ``to be expended'';
            (2) striking ``flood control or environmental restoration
        work'' and inserting ``water resources development study or
        project''; and
            (3) inserting ``: Provided further, That the term `States'
        means the several States, the District of Columbia, the
        commonwealths, territories, and possessions of the United States,
        and Federally recognized Indian tribes'' before the period.
        (b) The Secretary shall notify the appropriate committees of
    Congress prior to initiation of negotiations for accepting contributed
    funds under 33 U.S.C. 701h.
        Sec. 112.  With respect to the property covered by the deed
    described in Auditor's instrument No. 2006-014428 of Benton County,
    Washington, approximately 1.5 acres, the following deed restrictions
    are hereby extinguished and of no further force and effect:
            (1) The reversionary interest and use restrictions related to
        port and industrial purposes;
            (2) The right for the District Engineer to review all pre-
        construction plans and/or specifications pertaining to construction
        and/or maintenance of any structure intended for human habitation,
        if the elevation of the property is above the standard project
        flood elevation; and
            (3) The right of the District Engineer to object to, and
        thereby prevent, in his/her discretion, such activity.
        Sec. 113.  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.
        Sec. 114.  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 Consolidated Infrastructure Research
    Equipment Facility, an Environmental Processes and Risk Lab, a
    Hydraulic Research Facility, an Engineer Research and Development
    Center headquarters building, 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. 115.  Section 1148 of the Water Resources Development Act of
    1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is amended by
    striking subsection (b) and inserting the following:
        ``(b) Disposition of Acquired Land.--The Secretary may transfer
    land acquired under this section to the non-Federal sponsor by
    quitclaim deed subject to such terms and conditions as the Secretary
    determines to be in the public interest.''.
        Sec. 116.  The New London Disposal Site and the Cornfield Shoals
    Disposal Site in Long Island Sound selected by the Department of the
    Army as alternative dredged material disposal sites under section
    103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972,
    as amended, shall remain open for 5 years after enactment of this Act
    to allow for completion of a Supplemental Environmental Impact
    Statement to support final designation of an Ocean Dredged Material
    Disposal Site in eastern Long Island Sound under section 102(c) of the
    Marine Protection, Research, and Sanctuaries Act of 1972.
        Sec. 117. (a) That portion of the project for navigation, Newport
    Harbor, Rhode Island adopted by the Rivers and Harbors Acts of March 2,
    1907 (34 Stat. 1075); June 25, 1910 (36 Stat. 632); August 26, 1937 (50
    Stat. 845); and, modified by the Consolidated Appropriations Act, 2000,
    Public Law 106-113, appendix E, title II, section 221 (113 Stat. 1501A-
    298); consisting of a 13-foot anchorage, an 18-foot anchorage, a 21-
    foot channel, and 18-foot channels described by the following shall no
    longer be authorized after the date of enactment of this Act: the 21-
    Foot Entrance Channel, beginning at a point (1) with coordinates
    374986.03, 150611.01; thence running south 46 degrees 54 minutes 30.7
    seconds east 900.01 feet to a point (2) with coordinates 375643.27,
    149996.16; thence running south 8 degrees 4 minutes 58.3 east 2,376.87
    feet to a point (3) with coordinates 375977.47, 147643.00; thence
    running south 4 degrees 28 minutes 20.4 seconds west 738.56 feet to a
    point (4) with coordinates 375919.88, 146906.60; thence running south 6
    degrees 2 minutes 42.4 seconds east 1,144.00 feet to a point (5) with
    coordinates 376040.35, 145768.96; thence running south 34 degrees 5
    minutes 51.7 seconds west 707.11 feet to a point (6) with coordinates
    375643.94, 145183.41; thence running south 73 degrees 11 minutes 42.9
    seconds west 1,300.00 feet to the end point (7) with coordinates
    374399.46, 144807.57; Returning at a point with coordinates (8) with
    coordinates 374500.64, 144472.51; thence running north 73 degrees 11
    minutes 42.9 seconds east 1,582.85 feet to a point (9) with coordinates
    376015.90, 144930.13; thence running north 34 degrees 5 minutes 51.7
    seconds east 615.54 feet to a point (10) with coordinates 376360.97,
    145439.85; thence running north 2 degrees 10 minutes 43.3 seconds west
    2,236.21 feet to a point (11) with coordinates 376275.96, 147674.45;
    thence running north 8 degrees 4 minutes 55.6 seconds west 2,652.83
    feet to a point (12) with coordinates 375902.99, 150300.93; thence
    running north 46 degrees 54 minutes 30.7 seconds west 881.47 feet to an
    end point (13) with coordinates 375259.29, 150903.12; and the 18-Foot
    South Goat Island Channel beginning at a point (14) with coordinates
    375509.09, 149444.83; thence running south 25 degrees 44 minutes 0.5
    second east 430.71 feet to a point (15) with coordinates 375696.10,
    149056.84; thence running south 10 degrees 13 minutes 27.4 seconds east
    1,540.89 feet to a point (16) with coordinates 375969.61, 147540.41;
    thence running south 4 degrees 29 minutes 11.3 seconds west 1,662.92
    feet to a point (17) with coordinates 375839.53, 145882.59; thence
    running south 34 degrees 5 minutes 51.7 seconds west 547.37 feet to a
    point (18) with coordinates 375532.67, 145429.32; thence running south
    86 degrees 47 minutes 37.7 seconds west 600.01 feet to an end point
    (19) with coordinates 374933.60, 145395.76; and the 18-Foot Entrance
    Channel beginning at a point (20) with coordinates 374567.14,
    144252.33; thence running north 73 degrees 11 minutes 42.9 seconds east
    1,899.22 feet to a point (21) with coordinates 376385.26, 144801.42;
    thence running north 2 degrees 10 minutes 41.5 seconds west 638.89 feet
    to an end point (10) with coordinates 376360.97, 145439.85; and the 18-
    Foot South Anchorage beginning at a point (22) with coordinates
    376286.81, 147389.37; thence running north 78 degrees 56 minutes 15.6
    seconds east 404.86 feet to a point (23) with coordinates 376684.14,
    147467.05; thence running north 78 degrees 56 minutes 15.6 seconds east
    1,444.33 feet to a point (24) with coordinates 378101.63, 147744.18;
    thence running south 5 degrees 18 minutes 43.8 seconds west 1,228.20
    feet to a point (25) with coordinates 377987.92, 146521.26; thence
    running south 3 degrees 50 minutes 3.4 seconds east 577.84 feet to a
    point (26) with coordinates 378026.56, 145944.71; thence running south
    44 degrees 32 minutes 14.7 seconds west 2,314.09 feet to a point (27)
    with coordinates 376403.52, 144295.24 thence running south 60 degrees 5
    minutes 58.2 seconds west 255.02 feet to an end point (28) with
    coordinates 376182.45, 144168.12; and the 13-Foot Anchorage beginning
    at a point (29) with coordinates 376363.39, 143666.99; thence running
    north 63 degrees 34 minutes 19.3 seconds east 1,962.37 feet to a point
    (30) with coordinates 378120.68, 144540.38; thence running north 3
    degrees 50 minutes 3.1 seconds west 1,407.47 feet to an end point (26)
    with coordinates 378026.56, 145944.71; and the 18-Foot East Channel
    beginning at a point (23) with coordinates 376684.14, 147467.05; thence
    running north 2 degrees 10 minutes 43.3 seconds west 262.95 feet to a
    point (31) with coordinates 376674.14, 147729.81; thence running north
    9 degrees 42 minutes 20.3 seconds west 301.35 feet to a point (32) with
    coordinates 376623.34, 148026.85; thence running south 80 degrees 17
    minutes 42.4 seconds west 313.6 feet to a point (33) with coordinates
    376314.23, 147973.99; thence running north 7 degrees 47 minutes 21.9
    seconds west 776.24 feet to an end point (34) with coordinates
    376209.02, 148743.06; and the 18-Foot North Anchorage beginning at a
    point (35) with coordinates 376123.98, 148744.69; thence running south
    88 degrees 54 minutes 16.2 seconds east 377.90 feet to a point (36)
    with coordinates 376501.82, 148737.47; thence running north 9 degrees
    42 minutes 19.0 seconds west 500.01 feet to a point (37) with
    coordinates 376417.52, 149230.32; thence running north 6 degrees 9
    minutes 53.2 seconds west 1,300.01 feet to an end point (38) with
    coordinates 376277.92, 150522.81.
        (b) The area described by the following shall be redesignated as an
    eighteen-foot channel and turning basin: Beginning at a point (1) with
    coordinates N144759.41, E374413.16; thence running north 73 degrees 11
    minutes 42.9 seconds east 1,252.88 feet to a point (2) with coordinates
    N145121.63, E375612.53; thence running north 26 degrees 29 minutes 48.1
    seconds east 778.89 feet to a point (3) with coordinates N145818.71,
    E375960.04; thence running north 0 degrees 3 minutes 38.1 seconds west
    1,200.24 feet to a point (4) with coordinates N147018.94, E375958.77;
    thence running north 2 degrees 22 minutes 45.2 seconds east 854.35 feet
    to a point (5) with coordinates N147872.56, E375994.23; thence running
    north 7 degrees 47 minutes 21.9 seconds west 753.83 feet to a point (6)
    with coordinates N148619.44, E375892.06; thence running north 88
    degrees 46 minutes 16.7 seconds east 281.85 feet to a point (7) with
    coordinates N148625.48, E376173.85; thence running south 7 degrees 47
    minutes 21.9 seconds east 716.4 feet to a point (8) with coordinates
    N147915.69, E376270.94; thence running north 80 degrees 17 minutes 42.3
    seconds east 315.3 feet to a point (9) with coordinates N147968.85,
    E.76581.73; thence running south 9 degrees 42 minutes 20.3 seconds east
    248.07 feet to a point (10) with coordinates N147724.33, E376623.55;
    thence running south 2 degrees 10 minutes 43.3 seconds east 318.09 feet
    to a point (11) with coordinates N147406.47, E376635.64; thence running
    north 78 degrees 56 minutes 15.6 seconds east 571.11 feet to a point
    (12) with coordinates N147516.06, E377196.15; thence running south 88
    degrees 57 minutes 2.3 seconds east 755.09 feet to a point (13) with
    coordinates N147502.23, E377951.11; thence running south 1 degree 2
    minutes 57.7 seconds west 100.00 feet to a point (14) with coordinates
    N147402.25, E377949.28; thence running north 88 degrees 57 minutes 2.3
    seconds west 744.48 feet to a point (15) with coordinates N147415.88,
    E377204.92; thence running south 78 degrees 56 minutes 15.6 seconds
    west 931.17 feet to a point (16) with coordinates N147237.21,
    E376291.06; thence running south 39 degrees 26 minutes 18.7 seconds
    west 208.34 feet to a point (17) with coordinates N147076.31,
    E376158.71; thence running south 0 degrees 3 minutes 38.1 seconds east
    1,528.26 feet to a point (18) with coordinates N145548.05, E376160.32;
    thence running south 26 degrees 29 minutes 48.1 seconds west 686.83
    feet to a point (19) with coordinates N144933.37, E375853.90; thence
    running south 73 degrees 11 minutes 42.9 seconds west 1,429.51 feet to
    end at a point (20) with coordinates N144520.08, E374485.44.
        Sec. 118.  None of the funds made available to the Corps of
    Engineers by this Act may be used for the removal or associated
    mitigation of Federal Energy Regulatory Commission Project number 2342.
        Sec. 119.  None of the funds made available by this Act may be used
    for the study of the Missouri River Projects authorized in section 108
    of the Energy and Water Development and Related Agencies Appropriations
    Act, 2009 (division C of Public Law 111-8).
        Sec. 120.  None of the funds made available in this Act may be used
    to continue the study conducted by the Army Corps of Engineers pursuant
    to section 5018(a)(1) of the Water Resources Development Act of 2007.

                                    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, $27,154,000, to remain available until expended, of
    which $2,000,000 shall be deposited into the Utah Reclamation
    Mitigation and Conservation Account for use by the Utah Reclamation
    Mitigation and Conservation Commission. In addition, for necessary
    expenses incurred in carrying out related responsibilities of the
    Secretary of the Interior, $1,550,000. For fiscal year 2012, 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, $895,000,000, to remain available until expended, of which
    $10,698,000 shall be available for transfer to the Upper Colorado River
    Basin Fund and $6,136,000 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
    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, $53,068,000, 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 transfers 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, $39,651,000, 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 program-wide 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 September 30, 2013, $60,000,000, 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 five 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 2012, 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.
        (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.  Section 529(b)(3) of Public Law 106-541, as amended by
    section 115 of Public Law 109-103, is further amended by striking
    ``$20,000,000'' and inserting ``$30,000,000'' in lieu thereof.
        Sec. 204.  Section 8 of the Water Desalination Act of 1996 (42
    U.S.C. 10301 note; Public Law 104-298) is amended--
            (1) in subsection (a), in the first sentence, by striking
        ``2011'' and inserting ``2013''; and
            (2) in subsection (b), by striking ``$25,000,000 for fiscal
        years 1997 through 2011'' and inserting ``$3,000,000 for each of
        fiscal years 2012 through 2013''.
        Sec. 205.  The Federal policy for addressing California's water
    supply and environmental issues related to the Bay-Delta shall be
    consistent with State law, including the co-equal goals of providing a
    more reliable water supply for the State of California and protecting,
    restoring, and enhancing the Delta ecosystem. The Secretary of the
    Interior, the Secretary of Commerce, the Army Corps of Engineers and
    the Environmental Protection Agency Administrator shall jointly
    coordinate the efforts of the relevant agencies and work with the State
    of California and other stakeholders to complete and issue the Bay
    Delta Conservation Plan Final Environmental Impact Statement no later
    than February 15, 2013. Nothing herein modifies existing requirements
    of Federal law.
        Sec. 206.  The Secretary of the Interior may participate in non-
    Federal groundwater banking programs to increase the operational
    flexibility, reliability, and efficient use of water in the State of
    California, and this participation may include making payment for the
    storage of Central Valley Project water supplies, the purchase of
    stored water, the purchase of shares or an interest in ground banking
    facilities, or the use of Central Valley Project water as a medium of
    payment for groundwater banking services:  Provided, That the Secretary
    of the Interior shall participate in groundwater banking programs only
    to the extent allowed under State law and consistent with water rights
    applicable to the Central Valley Project:  Provided further, That any
    water user to which banked water is delivered shall pay for such water
    in the same manner provided by that water user's then-current Central
    Valley Project water service, repayment, or water rights settlement
    contract at the rate provided by the then-current Central-Valley
    Project Irrigation or Municipal and Industrial Rate Setting Policies;
    and:  Provided further, That in implementing this section, the
    Secretary of the Interior shall comply with applicable environmental
    laws, including the National Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
    1531 et seq.) Nothing herein shall alter or limit the Secretary's
    existing authority to use groundwater banking to meet existing fish and
    wildlife obligations.
        Sec. 207. (a) Subject to compliance with all applicable Federal and
    State laws, a transfer of irrigation water among Central Valley Project
    contractors from the Friant, San Felipe, West San Joaquin, and Delta
    divisions, and a transfer from a long-term Friant Division water
    service or repayment contractor to a temporary or prior temporary
    service contractors within the place of use in existence on the date of
    the transfer, as identified in the Bureau of Reclamation water rights
    permits for the Friant Division, shall be considered to meet the
    conditions described in subparagraphs (A) and (I) of section 3405(a)(1)
    of the Reclamation Projects Authorization and Adjustment Act of 1992
    (Public Law 102-575; 106 Stat. 4709).
        (b) The Secretary of the Interior, acting through the Director of
    the United States Fish and Wildlife Service and the Commissioner of the
    Bureau of Reclamation shall initiate and complete, on the most
    expedited basis practicable, programmatic environmental compliance so
    as to facilitate voluntary water transfers within the Central Valley
    Project, consistent with all applicable Federal and State law.
        (c) Not later than 180 days after the date of enactment of this Act
    and each of the 4 years thereafter, the Commissioner of the Bureau of
    Reclamation shall submit to the committee on Appropriations of the
    House of Representatives and the Committee on Appropriations of the
    Senate a report that describes the status of efforts to help facilitate
    and improve the water transfers within the Central Valley Project and
    water transfers between the Central Valley Project and other water
    projects in the State of California; evaluates potential effects of
    this Act on Federal programs, Indian tribes, Central Valley Project
    operations, the environment, groundwater aquifers, refuges, and
    communities; and provides recommendations on ways to facilitate and
    improve the process for these transfers.
        Sec. 208. (a) Permitted Uses.--Section 2507(b) of the Farm Security
    and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
    171) is amended--
            (1) in the matter preceding paragraph (1), by striking ``In any
        case in which there are willing sellers'' and inserting ``For the
        benefit of at-risk natural desert terminal lakes and associated
        riparian and watershed resources, in any case in which there are
        willing sellers or willing participants'';
            (2) in paragraph (2), by striking ``in the Walker River'' and
        all that follows through ``119 Stat. 2268)''; and
            (3) in paragraph (3), by striking ``in the Walker River
        Basin''.
        (b) Walker Basin Restoration Program.--Section 208(b) of the Energy
    and Water Development and Related Agencies Appropriations Act, 2010
    (Public Law 111-85; 123 Stat. 2858) is amended--
            (1) in paragraph (1)(B)(iv), by striking ``exercise water
        rights'' and inserting ``manage land, water appurtenant to the
        land, and related interests''; and
            (2) in paragraph (2)(A), by striking ``The amount made
        available under subsection (a)(1) shall be provided to the National
        Fish and Wildlife Foundation'' and inserting ``Any amount made
        available to the National Fish and Wildlife Foundation under
        subsection (a) shall be provided''.

                                   TITLE III

                              DEPARTMENT OF ENERGY

                                ENERGY PROGRAMS

                     Energy Efficiency and Renewable Energy

                        (including rescission of funds)

        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, $1,825,000,000, to
    remain available until expended:  Provided, That $165,000,000 shall be
    available until September 30, 2013 for program direction:  Provided
    further, That for the purposes of allocating weatherization assistance
    funds appropriated by this Act to States and tribes, the Secretary of
    Energy may waive the allocation formula established pursuant to section
    414(a) of the Energy Conservation and Production Act (42 U.S.C.
    6864(a)):  Provided further, That of the unobligated balances available
    under this heading, $9,909,000 are hereby rescinded:  Provided further,
    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.

                  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 for plant or
    facility acquisition, construction, or expansion, $139,500,000, to
    remain available until expended:  Provided, That $27,010,000 shall be
    available until September 30, 2013 for program direction.

                                 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 10 buses,
    all for replacement only, $768,663,000, to remain available until
    expended:  Provided, That $91,000,000 shall be available until
    September 30, 2013 for program direction.

                     Fossil Energy Research and Development

                        (including rescission of funds)

        For necessary expenses in carrying out fossil energy research and
    development activities, under the authority of the Department of Energy
    Organization Act (Public Law 95-91), 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 (30 U.S.C. 3, 1602, and 1603), $534,000,000, to remain available
    until expended:  Provided, That $120,000,000 shall be available until
    September 30, 2013 for program direction:  Provided further, That for
    all programs funded under Fossil Energy appropriations in this Act or
    any other Act, the Secretary may vest fee title or other property
    interests acquired under projects in any entity, including the United
    States:  Provided further, That of prior-year balances, $187,000,000
    are hereby rescinded:  Provided further, That no rescission made by the
    previous proviso shall apply to any amount previously appropriated in
    Public Law 111-5 or 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.

                     Naval Petroleum and Oil Shale Reserves

        For expenses necessary to carry out naval petroleum and oil shale
    reserve activities, $14,909,000, 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, as amended (42
    U.S.C. 6201 et seq.), $192,704,000, to remain available until expended.

                             SPR Petroleum Account

                        (including rescission of funds)

        Of the amounts deposited in the SPR Petroleum Account established
    under section 167 of the Energy Policy and Conservation Act (42 U.S.C.
    6247) in fiscal year 2011 which remain available for obligation under
    that section, $500,000,000 are hereby permanently rescinded.

                       Northeast Home Heating Oil Reserve

                        (including rescission of funds)

        For necessary expenses for Northeast Home Heating Oil Reserve
    storage, operation, and management activities pursuant to the Energy
    Policy and Conservation Act, $10,119,000, to remain available until
    expended:  Provided, That amounts net of the purchase of 1 million
    barrels of petroleum distillates in fiscal year 2012; costs related to
    transportation, delivery, and storage; and sales of petroleum
    distillate from the Reserve under section 182 of the Energy Policy and
    Conservation Act (42 U.S.C. 6250a) are hereby permanently rescinded:
    Provided further, That notwithstanding section 181 of the Energy Policy
    and Conservation Act (42 U.S.C. 6250), for fiscal year 2012 and
    hereafter, the Reserve shall contain no more than 1 million barrels of
    petroleum distillate.

                       Energy Information Administration

        For necessary expenses in carrying out the activities of the Energy
    Information Administration, $105,000,000, 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, $235,721,000, 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, $472,930,000, 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 49 passenger motor vehicles
    for replacement only, including one ambulance and one bus,
    $4,889,000,000, to remain available until expended:  Provided, That
    $185,000,000 shall be available until September 30, 2013 for program
    direction.

                   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), as
    amended, $275,000,000:  Provided, That $20,000,000 shall be available
    until September 30, 2013 for program direction.

             Title 17 Innovative Technology Loan Guarantee Program

        Such sums as are derived from amounts received from borrowers
    pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under
    this heading in prior Acts, shall be collected in accordance with
    section 502(7) of the Congressional Budget Act of 1974:  Provided, That
    for necessary administrative expenses to carry out this Loan Guarantee
    program, $38,000,000, is appropriated, to remain available until
    expended:  Provided further, That $38,000,000 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 2012 appropriation from the general
    fund estimated at not more than $0:  Provided further, That fees
    collected under 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, $6,000,000, 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, $237,623,000, to
    remain available until September 30, 2013, 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 $111,623,000 in fiscal year 2012 may be retained and used for
    operating expenses within this account, and may remain available until
    expended, 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 2012, and any related
    appropriated receipt account balances remaining from prior years'
    miscellaneous revenues, so as to result in a final fiscal year 2012
    appropriation from the general fund estimated at not more than
    $126,000,000.

                        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, as
    amended, $42,000,000, to remain available until expended.

                        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; $7,233,997,000, to remain
    available until expended:  Provided, That of such amount not more than
    $89,425,000 may be made available for the B-61 Life Extension Program
    until the Administrator of the National Nuclear Security Administration
    submits to the Committees on Appropriations of the House of
    Representatives and the Senate a final report on the Phase 6.2a design
    definition and cost study.

                        Defense Nuclear Nonproliferation

                        (including rescission of funds)

        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,
    $2,324,303,000, to remain available until expended:  Provided, That of
    the unobligated balances available under this heading, $21,000,000 are
    hereby rescinded:  Provided further, 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.

                                 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, $1,080,000,000,
    to remain available until expended:  Provided, That $40,000,000 shall
    be available until September 30, 2013 for program direction.

                          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, $410,000,000, to
    remain available until September 30, 2013.

                   ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                         Defense Environmental Cleanup

        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 one ambulance and one fire truck for replacement only,
    $5,023,000,000, to remain available until expended:  Provided, That
    $321,628,000 shall be available until September 30, 2013 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, $823,364,000:  Provided, That
    $114,086,000 shall be available until September 30, 2013 for program
    direction.

                        POWER MARKETING ADMINISTRATIONS

                      Bonneville Power Administration Fund

        Expenditures from the Bonneville Power Administration Fund,
    established pursuant to Public Law 93-454, are approved for the
    Kootenai River Native Fish Conservation Aquaculture Program, Lolo Creek
    Permanent Weir Facility, and Improving Anadromous Fish production on
    the Warm Springs Reservation, and, in addition, for official reception
    and representation expenses in an amount not to exceed $7,000. During
    fiscal year 2012, 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, $8,428,000, 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 $8,428,000 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 2012 appropriation estimated at not
    more than $0:  Provided further, That, notwithstanding 31 U.S.C. 3302,
    up to $100,162,000 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).

          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, $45,010,000, 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 $33,118,000 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 2012 appropriation
    estimated at not more than $11,892,000:  Provided further, That,
    notwithstanding 31 U.S.C. 3302, up to $40,000,000 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; $285,900,000, to remain
    available until expended, of which $278,856,000 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 $189,932,000 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 2012 appropriation
    estimated at not more than $95,968,000, of which $88,924,000 is derived
    from the Reclamation Fund:  Provided further, That of the amount herein
    appropriated, not more than $3,375,000 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
    $306,541,000 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, $4,169,000, 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) as amended:  Provided, That notwithstanding the
    provisions of that Act and of 31 U.S.C. 3302, up to $3,949,000
    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 2012 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,
    $304,600,000, to remain available until expended:  Provided, That
    notwithstanding any other provision of law, not to exceed $304,600,000
    of revenues from fees and annual charges, and other services and
    collections in fiscal year 2012 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 2012 so as to result in a final fiscal year 2012 appropriation
    from the general fund estimated at not more than $0.

                    GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                  (including rescission and transfer of funds)

        Sec. 301. (a) No appropriation, funds, or authority made available
    by this title for the Department of Energy shall be used to initiate or
    resume any program, project, or activity or to prepare or initiate
    Requests For Proposals or similar arrangements (including Requests for
    Quotations, Requests for Information, and Funding Opportunity
    Announcements) for a program, project, or activity if the program,
    project, or activity has not been funded by Congress.
        (b) The Department of Energy may not, with respect to any program,
    project, or activity that uses budget authority made available in this
    title under the heading ``Department of Energy--Energy Programs'',
    enter into a multi-year contract, award a multi-year grant, or enter
    into a multi-year cooperative agreement unless the contract, grant, or
    cooperative agreement includes a clause conditioning the Federal
    Government's obligation on the availability of future-year budget
    authority and the Secretary notifies the Committees on Appropriations
    of the House of Representatives and the Senate at least 14 days in
    advance.
        (c) Except as provided in this section, the amounts made available
    by this title shall be expended as authorized by law for the projects
    and activities specified in the ``Conference'' column in the
    ``Department of Energy'' table included under the heading ``Title III--
    Department of Energy'' in the joint explanatory statement accompanying
    this Act.
        (d) The amounts made available by this title may be reprogrammed
    for any program, project, or activity, and the Department shall notify
    the Committees on Appropriations of the House of Representatives and
    the Senate at least 30 days prior to the use of any proposed
    reprogramming which would cause any program, project, or activity
    funding level to increase or decrease by more than $5,000,000 or 10
    percent, whichever is less, during the time period covered by this Act.
        (e) Notwithstanding subsection (c), none of the funds provided in
    this title shall be available for obligation or expenditure through a
    reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, project, or
        activity;
            (2) increases funds or personnel for any program, project, or
        activity for which funds are denied or restricted by this Act; or
            (3) reduces funds that are directed to be used for a specific
        program, project, or activity by this Act.
        (f)(1) The Secretary of Energy may waive any requirement or
    restriction in this section that applies to the use of funds made
    available for the Department of Energy if compliance with such
    requirement or restriction would pose a substantial risk to human
    health, the environment, welfare, or national security.
        (2) The Secretary of Energy shall notify the Committees on
    Appropriations of any waiver under paragraph (1) as soon as
    practicable, but not later than 3 days after the date of the activity
    to which a requirement or restriction would otherwise have applied.
    Such notice shall include an explanation of the substantial risk under
    paragraph (1) that permitted such waiver.
        Sec. 302.  The unexpended balances of prior appropriations provided
    for activities in this Act 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. 303.  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 2012 until the enactment of the Intelligence
    Authorization Act for fiscal year 2012.
        Sec. 304. (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 2014 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 5-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 of Energy's (DOE)
        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 DOE national laboratory during the 5-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.
        Sec. 305.  Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
    16512) is amended--
            (1) by striking subsection (b) and inserting the following:
        ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--No guarantee shall be made unless--
                ``(A) an appropriation for the cost of the guarantee has
            been made;
                ``(B) the Secretary has received from the borrower a
            payment in full for the cost of the guarantee and deposited the
            payment into the Treasury; or
                ``(C) a combination of one or more appropriations under
            subparagraph (A) and one or more payments from the borrower
            under subparagraph (B) has been made that is sufficient to
            cover the cost of the guarantee.''.
        Sec. 306.  Plant or construction projects for which amounts are
    made available under this and subsequent appropriation Acts with a
    current estimated cost of less than $10,000,000 are considered for
    purposes of section 4703 of Public Law 107-314 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 Public Law
    107-314 as a construction project with a current estimated cost of less
    than a minor construction threshold.
        Sec. 307.  In section 839b(h)(10)(B) of title 16, United States
    Code, strike ``$1,000,000'' and insert ``$2,500,000''.
        Sec. 308.  None of the funds made available in this title shall be
    used for the construction of facilities classified as high-hazard
    nuclear facilities under 10 CFR Part 830 unless independent oversight
    is conducted by the Office of Health, Safety, and Security to ensure
    the project is in compliance with nuclear safety requirements.
        Sec. 309.  Of the amounts appropriated in this title, $73,300,000
    are hereby rescinded, to reflect savings from the contractor pay freeze
    instituted by the Department. The Department shall allocate the
    rescission among the appropriations made in this title.
        Sec. 310.  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 413.3B, 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. 311.  None of the funds made available in this title may be
    used to make a grant allocation, discretionary grant award,
    discretionary contract award, or Other 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 allocation, award, or
    Agreement, or to issue such a letter, 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 allocation, award, or Agreement, or issuing such a letter:
    Provided, That if the Secretary of Energy determines that compliance
    with this section would pose a substantial risk to human life, health,
    or safety, an allocation, award, or Agreement may be made, or a letter
    may be issued, without advance notification, and the Secretary shall
    notify the Committees on Appropriations of the Senate and the House of
    Representatives not later than 5 full business days after the date on
    which such an allocation, award, or Agreement is made or letter issued:
     Provided further, That the notification shall include the recipient of
    the award, the amount of the award, the fiscal year for which the funds
    for the award were appropriated, and the account and program from which
    the funds are being drawn, the title of the award, and a brief
    description of the activity for which the award is made.
        Sec. 312. (a) Any determination (including a determination made
    prior to the date of enactment of this Act) by the Secretary pursuant
    to section 3112(d)(2)(B) of the USEC Privatization Act (110 Stat. 1321-
    335), as amended, that the sale or transfer of uranium will not have an
    adverse material impact on the domestic uranium mining, conversion, or
    enrichment industry shall be valid for not more than 2 calendar years
    subsequent to such determination.
        (b) Not less than 30 days prior to the transfer, sale, barter,
    distribution, or other provision of uranium in any form for the purpose
    of accelerating cleanup at a Federal site, the Secretary shall notify
    the House and Senate Committees on Appropriations of the following:
            (1) the amount of uranium to be transferred, sold, bartered,
        distributed, or otherwise provided;
            (2) an estimate by the Secretary of the gross market value of
        the uranium on the expected date of the transfer, sale, barter,
        distribution, or other provision of the uranium;
            (3) the expected date of transfer, sale, barter, distribution,
        or other provision of the uranium;
            (4) the recipient of the uranium; and
            (5) the value of the services the Secretary expects to receive
        in exchange for the uranium, including any reductions to the gross
        value of the uranium by the recipient.
        (c) Not later than June 30, 2012, the Secretary shall submit to the
    House and Senate Committees on Appropriations a revised excess uranium
    inventory management plan for fiscal years 2013 through 2018.
        (d) Not later than December 31, 2011 the Secretary shall submit to
    the House and Senate Committees on Appropriations a report evaluating
    the economic feasibility of re-enriching depleted uranium located at
    Federal sites.
        Sec. 313.  None of the funds made available by this Act may be used
    to pay the salaries of Department of Energy employees to carry out
    section 407 of division A of the American Recovery and Reinvestment Act
    of 2009.
        Sec. 314. (a) The Secretary of Energy may openly compete and issue
    an award to allow a third party, on a fee-for-service basis, to operate
    and maintain a metering station of the Strategic Petroleum Reserve that
    is underutilized (as defined in section 102-75.50 of title 41, Code of
    Federal Regulations (or successor regulations)) and related equipment.
        (b) Not later than 30 days before the issuance of such award, the
    Secretary of Energy shall certify to the Committees on Appropriations
    of the House of Representatives and the Senate that the award will not
    reduce the reliability or accessibility of the Strategic Petroleum
    Reserve, raise costs of oil in the local market, or negatively impact
    the supply of oil to current users.
        (c) Funds collected under subsection (a) shall be deposited in the
    general fund of the Treasury.
        Sec. 315.  None of the funds made available in this Act may be
    used--
            (1) to implement or enforce section 430.32(x) of title 10, Code
        of Federal Regulations; or
            (2) to implement or enforce the standards established by the
        tables contained in section 325(i)(1)(B) of the Energy Policy and
        Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to BPAR
        incandescent reflector lamps, BR incandescent reflector lamps, and
        ER incandescent reflector lamps.
        Sec. 316.  Recipients of grants awarded by the Department in excess
    of $1,000,000 shall certify that they will, by the end of the fiscal
    year, upgrade the efficiency of their facilities by replacing any
    lighting that does not meet or exceed the energy efficiency standard
    for incandescent light bulbs set forth in section 325 of the Energy
    Policy and Conservation Act (42 U.S.C. 6295).

                                    TITLE IV

                              INDEPENDENT AGENCIES

                        Appalachian Regional Commission

        For expenses necessary to carry out the programs authorized by the
    Appalachian Regional Development Act of 1965, as amended, 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,
    $68,263,000, 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, $29,130,000, to
    remain available until September 30, 2013:  Provided, That within 90
    days of enactment of this Act, the Defense Nuclear Facilities Safety
    Board shall enter into an agreement for inspector general services with
    the Office of Inspector General for the Nuclear Regulatory Commission
    for fiscal years 2012 and 2013:  Provided further, That at the
    expiration of such agreement, the Defense Nuclear Facilities Safety
    Board shall procure inspector general services annually thereafter.

                            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, as amended, notwithstanding sections 382C(b)(2), 382F(d),
    382M, and 382N of said Act, $11,677,000, 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, $10,679,000, 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 non-distressed 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, $1,497,000, to remain available until expended:  Provided,
    That such amounts shall be available for administrative expenses,
    notwithstanding section 15751(b) of title 40, United States Code.

                     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, $250,000, to remain available until expended.

                         Nuclear Regulatory Commission

                             salaries and expenses

        For necessary expenses of the Commission in carrying out the
    purposes of the Energy Reorganization Act of 1974, as amended, and the
    Atomic Energy Act of 1954, as amended, including official
    representation expenses (not to exceed $25,000), $1,027,240,000, to
    remain available until expended:  Provided, That of the amount
    appropriated herein, not more than $9,000,000 may be made available for
    salaries and other support costs for the Office of the Commission:
    Provided further, That revenues from licensing fees, inspection
    services, and other services and collections estimated at $899,726,000
    in fiscal year 2012 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 2012 so as to result in a final fiscal year 2012
    appropriation estimated at not more than $127,514,000:  Provided
    further, That of the amounts appropriated under this heading,
    $10,000,000 shall be for university research and development in areas
    relevant to their respective organization's mission, and $5,000,000
    shall be for 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,
    $10,860,000, to remain available until September 30, 2013:  Provided,
    That revenues from licensing fees, inspection services, and other
    services and collections estimated at $9,774,000 in fiscal year 2012
    shall be retained and be available until expended, for necessary
    salaries and expenses in this account, notwithstanding section 3302 of
    title 31, United States Code:  Provided further, That the sum herein
    appropriated shall be reduced by the amount of revenues received during
    fiscal year 2012 so as to result in a final fiscal year 2012
    appropriation estimated at not more than $1,086,000.

                      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, $3,400,000 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 Transportation Projects pursuant to the Alaska
    Natural Gas Pipeline Act of 2004, $1,000,000.

                    GENERAL PROVISIONS--INDEPENDENT AGENCIES

        Sec. 401. (a) None of the funds provided in this title for
    ``Nuclear Regulatory Commission--Salaries and Expenses'' shall be
    available for obligation or expenditure through a reprogramming of
    funds that--
            (1) increases funds or personnel for any program, project, or
        activity for which funds are denied or restricted by this Act; or
            (2) reduces funds that are directed to be used for a specific
        program, project, or activity by this Act.
        (b) The Chairman of the Nuclear Regulatory Commission may not
    terminate any program, project, or activity without the approval of a
    majority vote of the Commissioners of the Nuclear Regulatory Commission
    approving such action.
        (c) The Nuclear Regulatory Commission may waive the restriction on
    reprogramming under subsection (a) on a case-by-case basis by
    certifying to the Committees on Appropriations of the House of
    Representatives and the Senate that such action is required to address
    national security or imminent risks to public safety. Each such waiver
    certification shall include a letter from the Chairman of the
    Commission that a majority of Commissioners of the Nuclear Regulatory
    Commission have voted and approved the reprogramming waiver
    certification.
        Sec. 402.  The Nuclear Regulatory Commission shall require reactor
    licensees to re-evaluate the seismic, tsunami, flooding, and other
    external hazards at their sites against current applicable Commission
    requirements and guidance for such licenses as expeditiously as
    possible, and thereafter when appropriate, as determined by the
    Commission, and require each licensee to respond to the Commission that
    the design basis for each reactor meets the requirements of its
    license, current applicable Commission requirements and guidance for
    such license. Based upon the evaluations conducted pursuant to this
    section and other information it deems relevant, the Commission shall
    require licensees to update the design basis for each reactor, if
    necessary.

                                    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.
        Sec. 503.  None of the funds made available under this Act may be
    expended for any new hire by any Federal agency funded in this Act that
    is not verified through the E-Verify Program as described in section
    403(a) of the Illegal Immigration Reform and Immigrant Responsibility
    Act of 1996 (8 U.S.C. 1324a note).
        Sec. 504.  None of the funds made available by this Act may be used
    to enter into a contract, memorandum of understanding, or cooperative
    agreement with, make a grant to, or provide a loan or loan guarantee to
    any corporation that was convicted (or had an officer or agent of such
    corporation acting on behalf of the corporation convicted) of a felony
    criminal violation under any Federal law within the preceding 24
    months, where the awarding agency is aware of the conviction, unless
    the agency has considered suspension or debarment of the corporation,
    or such officer or agent, and made a determination that this further
    action is not necessary to protect the interests of the Government.
        Sec. 505.  None of the funds made available by this Act may be used
    to enter into a contract, memorandum of understanding, or cooperative
    agreement with, make a grant to, or provide a loan or loan guarantee
    to, any corporation that has any unpaid Federal tax liability that has
    been assessed, for which all judicial and administrative remedies have
    been exhausted or have lapsed, and that is not being paid in a timely
    manner pursuant to an agreement with the authority responsible for
    collecting the tax liability, where the awarding agency is aware of the
    unpaid tax liability, unless the agency has considered suspension or
    debarment of the corporation and made a determination that this further
    action is not necessary to protect the interests of the Government.
        Sec. 506.  None of the funds made available by this Act may be used
    in contravention of Executive Order No. 12898 of February 11, 1994
    (``Federal Actions to Address Environmental Justice in Minority
    Populations and Low-Income Populations'').
         This division may be cited as the ``Energy and Water Development
    and Related Agencies Appropriations Act, 2012''.

     DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                   ACT, 2012

                                    TITLE I

                           DEPARTMENT OF THE TREASURY

                              Departmental Offices

                             salaries and expenses

        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; terrorism and financial intelligence activities;
    executive direction program activities; international affairs and
    economic policy activities; domestic finance and tax policy activities;
    and Treasury-wide management policies and programs activities,
    $308,388,000:  Provided, That of the amount appropriated under this
    heading, $100,000,000 is for the Office of Terrorism and Financial
    Intelligence, of which not to exceed $26,608,000 is available for
    administrative expenses:  Provided further, That of the amount
    appropriated under this heading, not to exceed $3,000,000, to remain
    available until September 30, 2013, is for information technology
    modernization requirements; not to exceed $350,000 is for official
    reception and representation expenses; 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, 2013, is for the Treasury-wide Financial
    Statement Audit and Internal Control Program:  Provided further, That
    of the amount appropriated under this heading, $500,000, to remain
    available until September 30, 2013, is for secure space requirements:
    Provided further, That of the amount appropriated under this heading,
    up to $3,400,000, to remain available until September 30, 2014, is to
    develop and implement programs within the Office of Critical
    Infrastructure Protection and Compliance Policy, including entering
    into cooperative agreements:  Provided further, That notwithstanding
    any other provision of law, of the amount appropriated under this
    heading, up to $1,000,000 may be contributed to the Organization for
    Economic Cooperation and Development for the Department's participation
    in programs related to global tax administration.

                          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,
    $29,641,000, including hire of passenger motor vehicles; of which not
    to exceed $100,000 shall be available 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;
    $151,696,000, 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), $41,800,000.

                      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,
    $110,788,000, of which not to exceed $34,335,000 shall remain available
    until September 30, 2014:  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,
    $950,000,000 are rescinded.

                          Financial Management Service

                             salaries and expenses

        For necessary expenses of the Financial Management Service,
    $217,805,000, of which not to exceed $4,210,000 shall remain available
    until September 30, 2014, 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,
    $99,878,000; 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:  Provided, That of the amount appropriated under this
    heading, $2,000,000 shall be for the costs of special law enforcement
    agents to target tobacco smuggling and other criminal diversion
    activities.

                               United States Mint

                   united states mint public enterprise fund

        Pursuant to section 5136 of title 31, United States Code, 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 2012
    under such section 5136 for circulating coinage and protective service
    capital investments of the United States Mint shall not exceed
    $20,000,000.

                           Bureau of the Public Debt

                         administering the public debt

        For necessary expenses connected with any public-debt issues of the
    United States, $173,635,000, of which not to exceed $2,500 shall be
    available for official reception and representation expenses, and of
    which not to exceed $10,000,000 shall remain available until September
    30, 2014 to reduce improper payments:  Provided, That the sum
    appropriated herein from the general fund for fiscal year 2012 shall be
    reduced by not more than $8,000,000 as definitive security issue fees
    and Legacy Treasury Direct Investor Account Maintenance fees are
    collected, so as to result in a final fiscal year 2012 appropriation
    from the general fund estimated at $165,635,000. In addition, $165,000
    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
    section 4707(e) of title 12, United States Code with regard to Small
    and/or Emerging Community Development Financial Institutions Assistance
    awards, $221,000,000, to remain available until September 30, 2013; of
    which $12,000,000, notwithstanding section 4707(e) of title 12, United
    States Code, 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, notwithstanding
    section 108(d) of such Act, up to $22,000,000 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 $18,000,000 shall be for the Bank Enterprise Awards program; and
    of which up to $22,965,000 may be used for administrative expenses,
    including administration of the New Markets Tax Credit; of which up to
    $10,315,000 may be used for the cost of direct loans; and of which up
    to $250,000 may be used for administrative expenses to carry out the
    direct loan program:  Provided, That the cost of direct loans,
    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 gross obligations for the
    principal amount of direct loans not to exceed $25,000,000:  Provided
    further, That of the funds awarded under this heading, not less than 10
    percent shall be used for projects that serve populations living in
    persistent poverty counties (where such term is defined as any county
    that has had 20 percent or more of its population living in poverty
    over the past 30 years, as measured by the 1990, 2000, and 2010
    decennial censuses).

                            Internal Revenue Service

                               taxpayer services

        For necessary expenses of the Internal Revenue Service 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, $2,239,703,000, of which not less than
    $5,600,000 shall be for the Tax Counseling for the Elderly Program, of
    which not less than $9,750,000 shall be available for low-income
    taxpayer clinic grants, of which not less than $12,000,000, to remain
    available until September 30, 2013, shall be available for a Community
    Volunteer Income Tax Assistance matching grants program for tax return
    preparation assistance, of which not less than $205,000,000 shall be
    available for operating expenses of the Taxpayer Advocate Service, and
    of which $15,481,000 shall be for expenses necessary to implement the
    tax credit in title II of division A of the Trade Act of 2002 (Public
    Law 107-210).

                                  enforcement

        For necessary expenses for tax enforcement activities of the
    Internal Revenue Service 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,
    $5,299,367,000, of which not less than $60,257,000 shall be for the
    Interagency Crime and Drug Enforcement program.

                               operations support

        For necessary expenses of the Internal Revenue Service 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; $3,947,416,000, of which up to $250,000,000 shall remain
    available until September 30, 2013, 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; of which not to exceed $1,000,000 shall remain available
    until September 30, 2014, for research; of which not less than
    $2,000,000 shall be for the Internal Revenue Service Oversight Board;
    of which not to exceed $25,000 shall be for official reception and
    representation expenses:  Provided, That not later than 14 days after
    the end of each quarter of each fiscal year, the Internal Revenue
    Service shall submit a report to the House and Senate Committees on
    Appropriations and the Comptroller General of the United States
    detailing the cost and schedule performance for its major information
    technology investments, including the purpose and life-cycle stages of
    the investments; the reasons for any cost and schedule variances; the
    risks of such investments and strategies the Internal Revenue Service
    is using to mitigate such risks; and the expected developmental
    milestones to be achieved and costs to be incurred in the next quarter:
     Provided further, That the Internal Revenue Service shall include, in
    its budget justification for fiscal year 2013, a summary of cost and
    schedule performance information for its major information technology
    systems.

                         business systems modernization

        For necessary expenses of the Internal Revenue Service's business
    systems modernization program, $330,210,000, to remain available until
    September 30, 2014, for the capital asset acquisition of information
    technology systems, including management and related contractual costs
    of said acquisitions, including related Internal Revenue Service labor
    costs, and contractual costs associated with operations authorized by 5
    U.S.C. 3109:  Provided, That not later than 14 days after the end of
    each quarter of each fiscal year, the Internal Revenue Service shall
    submit a report to the House and Senate Committees on Appropriations
    and the Comptroller General of the United States detailing the cost and
    schedule performance for CADE2 and Modernized e-File information
    technology investments, including the purposes and life-cycle stages of
    the investments; the reasons for any cost and schedule variances; the
    risks of such investments and the strategies the Internal Revenue
    Service is using to mitigate such risks; and the expected developmental
    milestones to be achieved and costs to be incurred in the next quarter.

              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 Internal Revenue Service or not to exceed
    3 percent of appropriations under the heading ``Enforcement'' may be
    transferred to any other Internal Revenue Service appropriation upon
    the advance approval of the Committees on Appropriations.
        Sec. 102.  The Internal Revenue Service shall maintain a training
    program to ensure that Internal Revenue Service employees are trained
    in taxpayers' rights, in dealing courteously with taxpayers, and in
    cross-cultural relations.
        Sec. 103.  The Internal Revenue Service shall institute and enforce
    policies and procedures that will safeguard the confidentiality of
    taxpayer information and protect taxpayers against identity theft.
        Sec. 104.  Funds made available by this or any other Act to the
    Internal Revenue Service 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 Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to increase phone lines and
    staff to improve the Internal Revenue Service 1-800 help line service.

             Administrative Provisions--Department of the Treasury

                         (including transfers of funds)

        Sec. 105.  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. 106.  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 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. 107.  Not to exceed 2 percent of any appropriation made
    available in this Act to the Internal Revenue Service 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. 108.  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. 109.  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. 110.  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. 111.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
    note), is further amended by striking ``12 years'' and inserting ``14
    years''.
        Sec. 112.  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 of the House of Representatives and
    the Senate, the House Committee on Financial Services, and the Senate
    Committee on Banking, Housing, and Urban Affairs.
        Sec. 113.  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 of the House of
    Representatives and the Senate.
        Sec. 114.  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
    2012 until the enactment of the Intelligence Authorization Act for
    Fiscal Year 2012.
        Sec. 115.  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. 116.  Section 5114(c) of title 31, United States Code
    (relating to engraving and printing currency and security documents),
    is amended by striking ``for a period of not more than 4 years''.
        Sec. 117.  In the current fiscal year and each fiscal year
    hereafter, any person who forwards to the Bureau of Engraving and
    Printing a mutilated paper currency claim equal to or exceeding $10,000
    for redemption will be required to provide the Bureau their taxpayer
    identification number.
        Sec. 118.  Section 5318(g)(2)(A) of title 31, United States Code,
    is amended--
            (1) by striking clause (i) and inserting the following:
                    ``(i) neither the financial institution, director,
                officer, employee, or agent of such institution (whether or
                not any such person is still employed by the institution),
                nor any other current or former director, officer, or
                employee of, or contractor for, the financial institution
                or other reporting person, may notify any person involved
                in the transaction that the transaction has been reported;
                and''; and
            (2) in clause (ii)--
                (A) by striking ``no officer or employee of'' and inserting
            ``no current or former officer or employee of or contractor
            for''; and
                (B) by inserting ``or for'' before ``any State''.
        Sec. 119.  Section 5319 of title 31, United States Code (relating
    to availability of reports), is amended by inserting after ``title 5''
    the following: ``, and may not be disclosed under any State, local,
    tribal, or territorial `freedom of information', `open government', or
    similar law''.
        Sec. 120.  Section 5331(a) of title 31, United States Code, is
    amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1)(A) who is engaged in a trade or business, and'';
            (2) by redesignating paragraph (2) as subparagraph (B);
            (3) in subparagraph (B), as so redesignated, by adding ``or''
        at the end; and
            (4) by inserting after subparagraph (B), as so redesignated,
        the following new paragraph:
            ``(2) who is required to file a report under section 6050I(g)
        of the Internal Revenue Code of 1986,''.
        Sec. 121.  The Secretary of the Treasury shall submit a Capital
    Investment Plan to the Committees on Appropriations of the Senate and
    the House of Representatives not later than 30 days following the
    submission of the annual budget for the Administration submitted by the
    President:  Provided, That such Capital Investment Plan shall include
    capital investment spending 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:  Provided further,
    That 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, 2012''.

                                    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, 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, $56,974,000.

                     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, $13,425,000, 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, $750,000, 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.), $4,192,000.

            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, $13,048,000.

                            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, $112,952,000, of which $10,403,000 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,
    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, United States Code, $89,456,000, 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 the Office of
    Management and Budget 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 the Office of Management and Budget by this Act may be
    expended for the altering of the transcript of actual testimony of
    witnesses, except for testimony of officials of the Office of
    Management and Budget, 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 the Office
    of Management and Budget, 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 the
    Office of Management and Budget 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 the Office of Management and Budget 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 Office of
    Management and Budget review period based on the notification from the
    Director, Congress shall assume Office of Management and Budget
    concurrence with the report and act accordingly.

                     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, $24,500,000:
    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, $238,522,000,
    to remain available until September 30, 2013, 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, 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
    2010 may be used for any other approved activities of that HIDTA,
    subject to reprogramming requirements:  Provided further, That each
    HIDTA designated as of September 30, 2011, shall be funded at not less
    than the fiscal year 2011 base level, unless the Director submits to
    the Committees on Appropriations of the House of Representatives and
    the Senate 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 2012 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), $105,550,000, to remain available until expended, which shall
    be available as follows: $92,000,000 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); $1,400,000 for drug court training and technical
    assistance; $9,000,000 for anti-doping activities; $1,900,000 for the
    United States membership dues to the World Anti-Doping Agency; and
    $1,250,000 shall be made available as directed by section 1105 of
    Public Law 109-469.

       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,
    $5,000,000, to remain available until expended:  Provided, That the
    Director of the Office of Management and Budget may transfer these
    funds to one or more other agencies to carry out projects to meet these
    purposes:  Provided further, That the Director of the Office of
    Management and Budget shall submit quarterly reports to the Committees
    on Appropriations of the House and the Senate identifying the savings
    achieved by the Office of Management and Budget's government-wide
    information technology reform efforts:  Provided further, That such
    report shall include savings identified by fiscal year, agency and
    appropriation.

                              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, $988,000, to remain available
    until September 30, 2013.

                      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, $4,328,000.

                    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, $307,000:  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 and rescissions)

        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 of the House of
    Representatives and the Senate, 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 Management and Budget
    shall submit to the Committees on Appropriations of the House and the
    Senate a report on the implementation of Executive Order No. 13563 (76
    Fed. Reg. 3821; relating to Improving Regulation and Regulatory Review)
    by April 2, 2012. The report shall include information on--
            (a) increasing public participation in the rulemaking process
        and reducing uncertainty;
            (b) improving coordination across Federal agencies to eliminate
        redundant, inconsistent, and overlapping regulations; and
            (c) identifying existing regulations that have been reviewed
        and determined to be outmoded, ineffective, or excessively
        burdensome.
        Sec. 203.  Within 120 days after the date of enactment of this
    section, the Director of the Office of Management and Budget shall
    submit a report to the Committees on Appropriations of the House and
    the Senate on the costs of implementing the Dodd-Frank Wall Street
    Reform and Consumer Protection Act (Public Law 111-203). Such report
    shall include--
            (1) the estimated mandatory and discretionary obligations of
        funds through fiscal year 2014, by Federal agency and by fiscal
        year, including--
                (A) the estimated obligations by cost inputs such as rent,
            information technology, contracts, and personnel;
                (B) the methodology and data sources used to calculate such
            estimated obligations; and
                (C) the specific section of such Act that requires the
            obligation of funds; and
            (2) the estimated receipts through fiscal year 2014 from
        assessments, user fees, and other fees by the Federal agency making
        the collections, by fiscal year, including--
                (A) the methodology and data sources used to calculate such
            estimated collections; and
                (B) the specific section of such Act that authorizes the
            collection of funds.
        Sec. 204.  The Director of the Office of National Drug Control
    Policy shall submit to the Committees on Appropriations of the House of
    Representatives and the Senate 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. 205.  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. 206.  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 within a program, project, or activity upon the advance
    approval of the Committees on Appropriations.
        Sec. 207.  From the unobligated balances of prior year
    appropriations made available for the Counterdrug Technology Assessment
    Center, $5,244,639 are rescinded.
        Sec. 208.  From the unobligated balances of prior year
    appropriations made available for Other Federal Drug Control Programs,
    $359,958 for a chronic users study and $5,723,403 for the National
    Anti-Drug Youth Media Campaign are rescinded.
        Sec. 209.  Of the unobligated balances available under the heading
    ``Executive Office of the President and Funds Appropriated to the
    President--Partnership Fund for Program Integrity Innovation'' in title
    II of division C of the Consolidated Appropriations Act, 2010 (Public
    Law 111-117), $10,000,000 are rescinded. In addition to the amounts
    made available under such heading in this Act, $10,000,000 are
    appropriated, to remain available until September 30, 2013.
         This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2012''.

                                   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, $74,819,000,
    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, $8,159,000, to remain available until expended.

             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, $32,511,000.

                   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, $21,447,000.

        Courts of Appeals, District Courts, and Other Judicial Services

                             salaries and expenses

        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, necessary expenses of the
    courts, and the purchase, rental, repair, and cleaning of uniforms for
    Probation and Pretrial Services Office staff, as authorized by law,
    $5,015,000,000 (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
    $5,000,000, 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 3599, and for the
    compensation and reimbursement of expenses of persons furnishing
    investigative, expert, and other services for such representations as
    authorized by law; 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
    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; the compensation and reimbursement of
    travel expenses of guardians ad litem appointed under 18 U.S.C.
    4100(b); and for necessary training and general administrative
    expenses, $1,031,000,000, 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)), $51,908,000, 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), $500,000,000, 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, $82,909,000, 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 90-219, $27,000,000; of which $1,800,000 shall
    remain available through September 30, 2013, 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), $86,968,000; to the Judicial Survivors'
    Annuities Fund, as authorized by 28 U.S.C. 376(c), $12,600,000; and to
    the United States Court of Federal Claims Judges' Retirement Fund, as
    authorized by 28 U.S.C. 178(l), $4,200,000.

                      United States Sentencing Commission

                             salaries and expenses

        For the salaries and expenses necessary to carry out the provisions
    of chapter 58 of title 28, United States Code, $16,500,000, 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.  Section 3314(a) of title 40, United States Code, shall
    be applied by substituting ``Federal'' for ``executive'' each place it
    appears.
        Sec. 305.  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. 306.  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 ``20 years'' and inserting ``21 years''; and
            (2) in the seventh sentence (related to the District of
        Hawaii), by striking ``17 years'' and inserting ``18 years''.
        This title may be cited as the ``Judiciary Appropriations Act,
    2012''.

                                    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,
    $30,000,000, 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 of the House of Representatives and the Senate 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,
    $14,900,000, 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,
    $232,841,000 to be allocated as follows: for the District of Columbia
    Court of Appeals, $12,830,000, of which not to exceed $2,500 is for
    official reception and representation expenses; for the District of
    Columbia Superior Court, $114,209,000, of which not to exceed $2,500 is
    for official reception and representation expenses; for the District of
    Columbia Court System, $66,712,000, of which not to exceed $2,500 is
    for official reception and representation expenses; and $39,090,000, to
    remain available until September 30, 2013, for capital improvements for
    District of Columbia courthouse facilities:  Provided, That funds made
    available for capital improvements shall be expended consistent with
    the District of Columbia Courts 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:  Provided further, That 30 days
    after providing written notice to the Committees on Appropriations of
    the House of Representatives and the Senate, the District of Columbia
    Courts may reallocate not more than $3,000,000 of the funds provided
    under this heading among the items and entities funded under this
    heading but no such allocation shall be increased by more than 10
    percent.

      federal payment for defender services in district of columbia courts

                         (including transfer of funds)

        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
    authorized under section 21-2060, D.C. Official Code (relating to
    services 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 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:  Provided
    further, That not more than $10,000,000 of the funds provided in this
    account may be transferred to, and merged with, funds made available
    under the heading ``Federal Payment to the District of Columbia
    Courts'' for District of Columbia courthouse facilities.

     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,
    $212,983,000, 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,
    2014 for relocation of the Pretrial Services Agency drug testing
    laboratory; of which $153,548,000 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 $59,435,000 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 district of columbia public defender service

        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, $37,241,000:  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, $15,000,000, 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,
    2013, to the Commission on Judicial Disabilities and Tenure, $295,000,
    and for the Judicial Nomination Commission, $205,000.

                     federal payment for school improvement

        For a Federal payment for a school improvement program in the
    District of Columbia, $60,000,000, to remain available until expended,
    for payments authorized under the Scholarship for Opportunity and
    Results Act (division C of Public Law 112-10).

          federal payment for the district of columbia national guard

        For a Federal payment to the District of Columbia National Guard,
    $375,000, to remain available until expended for the Major General
    David F. Wherley, Jr. District of Columbia National Guard Retention and
    College Access Program.

             federal payment for testing and treatment of hiv/aids

        For a Federal payment to the District of Columbia for the testing
    of individuals for, and the treatment of individuals with, human
    immunodeficiency virus and acquired immunodeficiency syndrome in the
    District of Columbia, $5,000,000.

                           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 this Act, the total amount appropriated in this Act for operating
    expenses for the District of Columbia for fiscal year 2012 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 $10,916,966,000 (of
    which $6,208,646,000 shall be from local funds, (including $526,594,000
    from dedicated taxes), $1,015,449,000 shall be from Federal grant
    funds, $1,499,115,000 from Medicaid payments, $2,040,504,000 shall be
    from other funds, and $25,677,000 shall be from private funds, and
    $127,575,000 shall be from funds previously appropriated in this Act as
    Federal payments:  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
    intra-District authority shall be $619,632,000: in addition, for
    capital construction projects, an increase of $4,007,501,000, of which
    $2,934,011,000 shall be from local funds, $223,858,000 from the
    District of Columbia Highway Trust Fund, $33,140,000 from the Local
    Transportation Fund, $816,492,000 from Federal grant funds, and a
    rescission of $2,849,882,000 of which $1,796,345,000 shall be from
    local funds, $749,426,000 from Federal grant funds, $252,694,000 from
    the District of Columbia Highway Trust Fund, and $51,416,000 from the
    Local Transportation Fund appropriated under this heading in prior
    fiscal years, for a net amount of $1,157,619,000, 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 2012 Budget Request Act of 2011, at the
    rate set forth under ``District of Columbia Funds Division of
    Expenses'' as included in the Fiscal Year 2012 Proposed Budget and
    Financial Plan submitted to the Congress 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:  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 2012, 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, 2012''.

                                    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., $2,900,000, to
    remain available until September 30, 2013, 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, $450,000, to remain
    available until expended.

                       Consumer Product Safety Commission

                             salaries and expenses

        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 $4,000 for
    official reception and representation expenses, $114,500,000, of which
    $500,000 shall remain available until September 30, 2013, to implement
    the Virginia Graeme Baker Pool and Spa Safety Act grant program as
    provided by section 1405 of Public Law 110-140 (15 U.S.C. 8004).

         administrative provisions--consumer product safety commission

        Sec. 501.  Section 4(g) of the Consumer Product Safety Act (15
    U.S.C. 2053(g)) is amended by adding at the end the following:
            ``(5) The Chairman may provide to officers and employees of the
        Commission who are appointed or assigned by the Commission to serve
        abroad (as defined in section 102 of the Foreign Service Act of
        1980 (22 U.S.C. 3902)) travel benefits similar to those authorized
        for members of the Foreign Service of the United Service under
        chapter 9 of such Act (22 U.S.C. 4081 et seq.).''.
        Sec. 502. (a) 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 ``2011'' and inserting ``2012''.
        (b) New Swimming Pools.--Section 1405(b) of the Virginia Graeme
    Baker Pool and Spa Safety Act (15 U.S.C. 8004 (b)) is amended by
    inserting ``constructed after the date that is 6 months after the date
    of enactment of the Financial Services and General Government
    Appropriations Act, 2012'' after ``swimming pools''.
        Sec. 503.  Not later than 1 year after the date of the enactment of
    this Act, the Comptroller General of the United States shall conduct an
    analysis of the potential safety risks associated with new and emerging
    consumer products, including chemicals and other materials used in
    their manufacture, taking into account the ability and authority of the
    Consumer Product Safety Commission--
            (1) to identify, assess, and address such risks in a timely
        manner; and
            (2) to keep abreast of the effects of new and emerging consumer
        products on public health and safety.
        Sec. 504.  Not later than 150 days after the date of the enactment
    of this Act, the Comptroller General of the United States shall conduct
    an analysis of--
            (1) the extent to which manufacturers comply with voluntary
        industry standards for consumer products, particularly with respect
        to inexpensive, imported products;
            (2) whether there are consequences for such manufacturers for
        failing to comply with such standards;
            (3) whether the Consumer Product Safety Commission has the
        authority and the ability to require compliance with such
        standards; and
            (4) whether there are patterns of non-compliance with such
        standards among certain types of products or certain types of
        manufacturers.

                         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), $11,500,000, of which $2,750,000 shall be
    transferred to the National Institute of Standards and Technology for
    election reform activities authorized under the Help America Vote Act
    of 2002, and of which $1,250,000 shall be for the Office of Inspector
    General.

                       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, $339,844,000:  Provided, That $339,844,000 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 2012 so as to result in a final fiscal year
    2012 appropriation estimated at $0:  Provided further, That any
    offsetting collections received in excess of $339,844,000 in fiscal
    year 2012 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, 2011, 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 2012:  Provided further, That of the amount
    appropriated under this heading, not less than $9,750,000 shall be for
    the salaries and expenses of the Office of Inspector General.

          administrative provisions--federal communications commission

        Sec. 510.  Section 302 of the Universal Service Antideficiency
    Temporary Suspension Act is amended by striking ``December 31, 2011'',
    each place it appears and inserting ``December 31, 2013''.
        Sec. 511.  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,
    $45,261,000, 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, $66,367,000, 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,
    $24,723,000:  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, $311,563,000, 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 $108,000,000
    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 2012, so as to result in a final fiscal
    year 2012 appropriation from the general fund estimated at not more
    than $182,563,000:  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 $8,017,967,000, of which: (1)
    $50,000,000 shall remain available until expended for construction and
    acquisition (including funds for sites and expenses, and associated
    design and construction services):  Provided, That the General Services
    Administration shall submit a detailed plan, by project, regarding the
    use of funds to the Committees on Appropriations of the House of
    Representatives and the Senate within 30 days of enactment of this
    section and will provide notification to the Committees within 15 days
    prior to any changes regarding the use of these funds; (2) $280,000,000
    shall remain available until expended for repairs and alterations,
    which includes associated design and construction services, of which
    $260,000,000 is for Basic Repairs and Alterations and $20,000,000 is
    for a Judiciary Capital Security program:  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, 2013 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) $126,801,000 for installment
    acquisition payments including payments on purchase contracts which
    shall remain available until expended; (4) $5,210,198,000 for rental of
    space which shall remain available until expended; and (5)
    $2,350,968,000 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 2012, 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; $61,115,000.

                               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;
    $69,500,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General and
    service authorized by 5 U.S.C. 3109, $58,000,000:  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 of the Internet and other electronic methods,
    $12,400,000, 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 10 days
    after a proposed spending plan and explanation for each project to be
    undertaken has been submitted to the Committees on Appropriations of
    the House of Representatives and the Senate.

               allowances and office staff for former presidents

        For carrying out the provisions of the Act of August 25, 1958 (3
    U.S.C. 102 note), and Public Law 95-138, $3,671,000.

                         federal citizen services fund

        For necessary expenses of the Office of Citizen Services and
    Innovative Technologies, including services authorized by 5 U.S.C.
    3109, $34,100,000, 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 $90,000,000. Appropriations, revenues, and collections accruing
    to this Fund during fiscal year 2012 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 and rescission)

        Sec. 520.  Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 521.  Funds in the Federal Buildings Fund made available for
    fiscal year 2012 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 to the Committees on Appropriations of the House
    of Representatives and the Senate.
        Sec. 522.  Except as otherwise provided in this title, funds made
    available by this Act shall be used to transmit a fiscal year 2013
    request for United States Courthouse construction only if the request:
    (1) meets the design guide standards for construction as established
    and approved by the General Services Administration, the Judicial
    Conference of the United States, and the Office of Management and
    Budget; (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. 523.  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 General Services Administration in consideration of the Public
    Buildings Amendments Act of 1972 (Public Law 92-313).
        Sec. 524.  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 of the House of
    Representatives and the Senate.
        Sec. 525.  In any case in which the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate adopt a resolution granting
    lease authority pursuant to a prospectus transmitted to Congress by the
    Administrator of the General Services Administration 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 of the House of
    Representatives and the Senate prior to exercising any lease authority
    provided in the resolution.
        Sec. 526.  Section 1703 of title 41 U.S.C. is amended in paragraph
    (i)(6) by:
            (1) deleting ``for training''; and
            (2) deleting ``paragraph (2)'' and inserting in lieu thereof
        ``subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this
        title''.
        Sec. 527.  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, New York and the
    Lorton Correctional Facility in Lorton, Virginia in prior years whether
    appropriated directly to the General Services Administration (GSA) or
    to any other agency of the Government and received by GSA for such
    purpose, $4,600,000 are rescinded.
        Sec. 528.  Within 120 days of enactment, the General Services
    Administration shall submit a detailed report to the Committees on
    Appropriations of the House of Representatives and the Senate that
    describes each program, project, or activity that is funded by
    appropriations to General Services Administration but is not under the
    control or direction, in statute or in practice, of the Administrator
    of General Services.

                     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, $748,000, 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, $40,258,000, to remain available until
    September 30, 2013, together with not to exceed $2,345,000, to remain
    available until September 30, 2013, 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.

                Morris K. Udall and Stewart L. Udall Foundation

                morris k. udall and stewart l. udall trust fund

        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.), $2,200,000, to remain available until expended,
    of which, notwithstanding sections 8 and 9 of such Act: (1) 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); and (2)
    up to $1,000,000 shall be available to carry out the activities
    authorized by section 6(7) of Public Law 102-259 (20 U.S.C. 5604(7)).

                     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, $3,792,000, to remain available until expended.

                  National Archives and Records Administration

                               operating expenses

                         (including transfer of funds)

        For necessary expenses in connection with the administration of the
    National Archives and Records Administration (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 necessary expenses in
    connection with the operations and maintenance of the electronic
    records archives to include all direct project costs associated with
    research, program management, and corrective and adaptive software
    maintenance, 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, $373,300,000:
    Provided, That all remaining balances appropriated in prior fiscal
    years under the heading ``Electronic Records Archives'' shall be
    transferred to this account.

                          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, $4,100,000.

                            repairs and restoration

        For the repair, alteration, and improvement of archives facilities,
    and to provide adequate storage for holdings, $9,100,000, to remain
    available until expended:  Provided, That from amounts made available
    for the Military Personnel Records Center requirement study under this
    heading in Public Law 108-199, the remaining unobligated balances shall
    be available to implement the National Archives and Records
    Administration Capital Improvement Plan:  Provided further, That from
    amounts made available under this heading in Public Law 111-8 for
    construction costs and related services for building the addition to
    the John F. Kennedy Presidential Library and Museum and other necessary
    expenses, including renovating the Library as needed in constructing
    the addition, the remaining unobligated balances shall be available to
    implement the National Archives and Records Administration Capital
    Improvement Plan.

             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, $5,000,000,
    to remain available until expended.

                      National Credit Union Administration

                           central liquidity facility

        During fiscal year 2012, 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 2012 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, $1,247,000 shall be
    available until September 30, 2013, 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, $13,664,000.

                         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, $97,774,000, of which
    $6,004,000 shall remain available until expended for the Enterprise
    Human Resources Integration project, of which $642,000 may be for
    strengthening the capacity and capabilities of the acquisition
    workforce (as defined by the Office of Federal Procurement Policy Act,
    as amended (41 U.S.C. 4001 et seq.)), including the recruitment,
    hiring, training, and retention of such workforce and information
    technology in support of acquisition workforce effectiveness or for
    management solutions to improve acquisition management, and of which
    $1,416,000 shall remain available until expended for the Human
    Resources Line of Business project; and in addition $112,516,000 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:  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, United States
    Code:  Provided further, That no part of this appropriation shall be
    available for salaries and expenses of the Legal Examining Unit of OPM
    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 2012,
    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.

                          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, $3,142,000, and in addition, not to exceed $21,174,000
    for administrative expenses to audit, investigate, and provide other
    oversight of the Office of Personnel Management's retirement and
    insurance programs, to be transferred from the appropriate trust funds
    of the Office of Personnel Management, 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, United States Code,
    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,
    United States Code, 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 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; $18,972,000.

                          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), $14,304,000, 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), $900,000, to
    remain available until September 30, 2013.

                 Recovery Accountability and Transparency Board

                             salaries and expenses

        For necessary expenses of the Recovery Accountability and
    Transparency Board to carry out the provisions of title XV of the
    American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and
    to develop and test information technology resources and oversight
    mechanisms to enhance transparency of and detect and remediate waste,
    fraud, and abuse in Federal spending, $28,350,000, to remain available
    until September 30, 2013.

                       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, $1,321,000,000, to remain available until
    expended; of which not less than $6,795,000 shall be for the Office of
    Inspector General; of which not to exceed $45,000 shall be available
    for 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 and staffs to exchange views concerning
    securities matters, such expenses to include necessary logistic and
    administrative expenses and the expenses of Commission staff and
    foreign invitees in attendance including: (1) incidental expenses such
    as meals; (2) travel and transportation; and (3) related lodging or
    subsistence:  Provided, That fees and charges authorized by section 31
    of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be
    credited to this account as offsetting collections:  Provided further,
    That not to exceed $1,321,000,000 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 2012 shall be reduced as such
    offsetting fees are received so as to result in a final total fiscal
    year 2012 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;
    $23,984,000:  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, $417,348,000:  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 the Small Business
    Administration may accept gifts in an amount not to exceed $4,000,000
    and may co-sponsor activities, each in accordance with section 132(a)
    of division K of Public Law 108-447, during fiscal year 2012:  Provided
    further, That $112,500,000 shall be available to fund grants for
    performance in fiscal year 2012 or fiscal year 2013 as authorized by
    section 21 of the Small Business Act, to remain available until
    September 30, 2013:  Provided further, That $20,000,000 shall remain
    available until September 30, 2013 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 $7,100,000 shall be
    available for the Loan Modernization and Accounting System, to be
    available until September 30, 2013:  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).

                          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,
    $16,267,000.

                               office of advocacy

        For necessary expenses of the Office of Advocacy in carrying out
    the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
    seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
    seq.), $9,120,000, to remain available until expended.

                         business loans program account

                         (including transfer of funds)

        For the cost of direct loans, $3,678,000, to remain available until
    expended, and for the cost of guaranteed loans as authorized by section
    7(a) of the Small Business Act (Public Law 85-536) and section 503 of
    the Small Business Investment Act of 1958 (Public Law 85-699),
    $207,100,000, 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 2012 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 2012
    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 2012 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 2012,
    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, $147,958,000, 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, $117,300,000, 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 and the disaster loan programs and shall be
    transferred to and merged with the appropriations for the Office of
    Inspector General; of which $110,300,000 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; and of which $6,000,000 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.  Section 7(d)(5)(D) of the Small Business Act (15 U.S.C.
    636(d)(5)(D)) is amended by striking ``three years'' and inserting ``7
    years''.
        Sec. 532.  Beginning in fiscal year 2013 and each fiscal year
    thereafter, the budget request for the Small Business Administration
    shall provide a detailed justification of any proposed changes from the
    enacted level by individual appropriation. The detailed justification
    shall include at a minimum a description of each credit and non-credit
    program including amount of funding and costs by appropriation account
    and fiscal year. For activities funded in multiple appropriations, the
    budget justification shall specify the amount included in each enacted
    appropriation, the amount proposed in the budget year and a
    justification for any proposed changes.

                          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 section
    2401 of title 39, United States Code, $78,153,000, which shall not be
    available for obligation until October 1, 2012:  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 2012.

                          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,
    $241,468,000, 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, $51,079,000:  Provided, That
    travel expenses of the judges shall be paid upon the written
    certificate of the judge.

                                    TITLE VI

                          GENERAL PROVISIONS--THIS ACT

                            (including rescissions)

        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 2012, 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 of the House of Representatives and the
    Senate:  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 of the House of Representatives and the Senate:
    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 of the House of
    Representatives and the Senate to establish the baseline for
    application of reprogramming and transfer authorities for the current
    fiscal year:  Provided further, That at a minimum 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 2012 from appropriations made available for salaries
    and expenses for fiscal year 2012 in this Act, shall remain available
    through September 30, 2013, for each such account for the purposes
    authorized:  Provided, That a request shall be submitted to the
    Committees on Appropriations of the House of Representatives and the
    Senate 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 chapter
    15 of title 41, United States Code shall not apply with respect to a
    contract under the Federal Employees Health Benefits Program
    established under chapter 89 of title 5, United States Code.
        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 may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to the
    Office of Personnel Management 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 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 chapter 83 of title 41,
    United States Code (popularly known as the Buy American Act), shall not
    apply to the acquisition by the Federal Government of information
    technology (as defined in section 11101 of title 40, United States
    Code), that is a commercial item (as defined in section 103 of title
    41, United States Code).
        Sec. 616.  Notwithstanding section 1353 of title 31, United States
    Code, 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, 2011, including accrued interest, as a
    result of the assessment of monetary penalties. Funds available for
    obligation in fiscal year 2012 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, $998,000 are rescinded.
        Sec. 619.  Section 1107 of title 31, United States Code, 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. 620.  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. 621.  For purposes of Public Law 109-285, the period described
    in section 5134(f)(1)(B) of title 31, United States Code, shall be
    treated as a 2-year, 9-month period.
        Sec. 622.  The Help America Vote Act of 2002 (Public Law 107-252)
    is amended by--
            (1) inserting in section 255(b) (42 U.S.C. 15405) ``posted on
        the Commission's website with a notice'' after ``cause to have the
        plan'';
            (2) inserting in section 253(d) (42 U.S.C. 15403) ``notice of''
        prior to ``the State plan'';
            (3) inserting in section 254(a)(11) (42 U.S.C. 15404) ``notice
        of'' prior to ``the change''; and
            (4) inserting in section 254(a)(11)(C) (42 U.S.C. 15404)
        ``notice of'' prior to ``the change''.
        Sec. 623.  From the unobligated balances available in the
    Securities and Exchange Commission Reserve Fund established by section
    991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
    (Public Law 111-203), $25,000,000 are rescinded.
        Sec. 624.  The Department of the Treasury, the Executive Office of
    the President, the Judiciary, the Federal Communications Commission,
    the Federal Trade Commission, the General Services Administration, the
    National Archives and Records Administration, the Securities and
    Exchange Commission, and the Small Business Administration shall
    provide the Committees on Appropriations of the House and the Senate a
    quarterly accounting of the cumulative balances of any unobligated
    funds that were received by such agency during any previous fiscal
    year.
        Sec. 625. (a)(1) Notwithstanding any other provision of law, an
    Executive agency covered by this Act otherwise authorized to enter into
    contracts for either leases or the construction or alteration of real
    property for office, meeting, storage, or other space must consult with
    the General Services Administration before issuing a solicitation for
    offers of new leases or construction contracts, and in the case of
    succeeding leases, before entering into negotiations with the current
    lessor.
        (2) Any such agency with authority to enter into an emergency lease
    may do so during any period declared by the President to require
    emergency leasing authority with respect to such agency.
        (b) For purposes of this section, the term ``Executive agency
    covered by this Act'' means any Executive agency provided funds by this
    Act, but does not include the General Services Administration or the
    United States Postal Service.
        Sec. 626.  None of the funds made available in this Act may be used
    by the Federal Trade Commission to complete the draft report entitled
    ``Interagency Working Group on Food Marketed to Children: Preliminary
    Proposed Nutrition Principles to Guide Industry Self-Regulatory
    Efforts'' unless the Interagency Working Group on Food Marketed to
    Children complies with Executive Order No. 13563.
        Sec. 627.  None of the funds made available by this Act may be used
    to pay the salaries and expenses for the following positions:
            (1) Director, White House Office of Health Reform.
            (2) Assistant to the President for Energy and Climate Change.
            (3) Senior Advisor to the Secretary of the Treasury assigned to
        the Presidential Task Force on the Auto Industry and Senior
        Counselor for Manufacturing Policy.
            (4) White House Director of Urban Affairs.
        Sec. 628.  None of the funds made available in this Act may be used
    by the Federal Communications Commission to remove the conditions
    imposed on commercial terrestrial operations in the Order and
    Authorization adopted by the Commission on January 26, 2011 (DA 11-
    133), or otherwise permit such operations, until the Commission has
    resolved concerns of potential widespread harmful interference by such
    commercial terrestrial operations to commercially available Global
    Positioning System devices.
        Sec. 629.  None of the funds made available by this Act may be
    expended for any new hire by any Federal agency funded in this Act that
    is not verified through the E-Verify Program established under section
    403(a) of the Illegal Immigration Reform and Immigrant Responsibility
    Act of 1996 (8 U.S.C. 1324a note).
        Sec. 630.  None of the funds made available by this Act may be used
    to enter into a contract, memorandum of understanding, or cooperative
    agreement with, make a grant to, or provide a loan or loan guarantee
    to, any corporation with respect to which any unpaid Federal tax
    liability has been assessed, for which all judicial and administrative
    remedies have been exhausted or have lapsed, and that is not being paid
    in a timely manner pursuant to an agreement with the authority
    responsible for collecting the tax liability, where the awarding agency
    is aware of the unpaid tax liability, unless the agency has considered
    suspension or debarment of the corporation and made a determination
    that this further action is not necessary to protect the interests of
    the Government.
        Sec. 631.  None of the funds made available by this Act may be used
    to enter into a contract, memorandum of understanding, or cooperative
    agreement with, make a grant to, or provide a loan or loan guarantee
    to, any corporation that was convicted or had an officer or agent of
    such corporation acting on behalf of the corporation convicted of a
    felony criminal violation under any Federal law within the preceding 24
    months, where the awarding agency is aware of the conviction, unless
    the agency has considered suspension or debarment of the corporation,
    or such officer or agent and made a determination that this further
    action is not necessary to protect the interests of the Government.
        Sec. 632.  Section 8909a(d)(3)(A)(v) of title 5, United States
    Code, is amended by striking the date specified in such section and
    inserting ``August 1, 2012''.

                                   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 2012 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
    subsection 1343(c) of title 31, United States Code, 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 for
    purposes of subsections (2) and (3) such affidavits shall be submitted
    prior to employment and updated thereafter as necessary:  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.
            (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, United States Code,
    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.  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 of the
    House of Representatives and the Senate. 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. 711.  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. 712. (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 the Office of Personnel Management
    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,
        or Marine Corps, the Department of Homeland Security, the Federal
        Bureau of Investigation or the Drug Enforcement Administration of
        the Department of Justice, the Department of Transportation, the
        Department of the Treasury, or the Department of Energy performing
        intelligence functions; or
            (8) the Director of National Intelligence or the Office of the
        Director of National Intelligence.
        Sec. 713.  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. 714. (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. 715. (a) 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; section 7211 of title 5, United States Code (governing
    disclosures to Congress); section 1034 of title 10, United States Code,
    as amended by the Military Whistleblower Protection Act (governing
    disclosure to Congress by members of the military); section 2302(b)(8)
    of title 5, United States Code, as amended 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, United States Code, 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 provision of this section, 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.
        (b) Effective 180 days after enactment of this Act, subsection (a)
    is amended by--
            (1) striking ``Executive Order No. 12958'' and inserting
        ``Executive Order No. 13526 (75 Fed. Reg. 707), or any successor
        thereto'';
            (2) after ``the Intelligence Identities Protection Act of 1982
        (50 U.S.C. 421 et seq.) (governing disclosures that could expose
        confidential Government agents);'' inserting ``sections 7(c) and 8H
        of the Inspector General Act of 1978 (5 U.S.C. App.) (relating to
        disclosures to an inspector general, the inspectors general of the
        Intelligence Community, and Congress); section 103H(g)(3) of the
        National Security Act of 1947 (50 U.S.C. 403-3h(g)(3) (relating to
        disclosures to the inspector general of the Intelligence
        Community); sections 17(d)(5) and 17(e)(3) of the Central
        Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5) and
        403q(e)(3)) (relating to disclosures to the Inspector General of
        the Central Intelligence Agency and Congress);''; and
            (3) after ``Subversive Activities'' inserting ``Control''.
        (c) A nondisclosure agreement entered into before the effective
    date of the amendment in subsection (b) may continue to be implemented
    and enforced after that effective date if it complies with the
    requirements of subsection (a) that were in effect prior to the
    effective date of the amendment in subsection (b).
        Sec. 716.  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. 717.  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. 718.  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 of the House of Representatives and the Senate.
        Sec. 719.  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. 720. (a) In this section, the term ``agency''--
            (1) means an Executive agency, as defined under 5 U.S.C. 105;
        and
            (2) includes a military department, as defined under section
        102 of such title, the Postal Service, and the Postal Regulatory
        Commission.
        (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. 721.  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.

                              (transfer of funds)

        Sec. 722.  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, funds made available
    for the current fiscal year 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 the Office of Management
    and Budget, 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 for Government-
    Wide innovations, initiatives, and activities:  Provided further, That
    the funds transferred to or for reimbursement of ``General Services
    Administration, Government-wide Policy'' during fiscal year 2012 shall
    remain available for obligation through September 30, 2013:  Provided
    further, That such transfers or reimbursements may only be made after
    15 days following notification of the Committees on Appropriations by
    the Director of the Office of Management and Budget.
        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 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 United States is committed to ensuring the health of
    its Olympic, Pan American, and Paralympic athletes, and supports the
    strict adherence to anti-doping in sport through testing, adjudication,
    education, and research as performed by nationally recognized oversight
    authorities.
        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 Office
    of Management and Budget 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 the Office of Personnel
    Management 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 of the
    House of Representatives and the Senate, 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 2012, no funds shall be available for
    transfers or reimbursements to the E-Government initiatives sponsored
    by the Office of Management and Budget prior to 15 days following
    submission of a report to the Committees on Appropriations of the House
    of Representatives and the Senate by the Director of the Office of
    Management and Budget and receipt of approval to transfer funds by the
    Committees on Appropriations of the House of Representatives and the
    Senate.
        (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 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 of the House of Representatives and the
    Senate.
        Sec. 733.  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 Office of Management and Budget Circular A-76 or any other
    administrative regulation, directive, or policy.
        Sec. 734.  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. 735.  None of the funds made available in this Act may be used
    in contravention of section 552a of title 5, United States Code
    (popularly known as the Privacy Act) and regulations implementing that
    section.
        Sec. 736.  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. 737. (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 the Office of Management
    and Budget, 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. 738. (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. 739.  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 the Office of Personnel
    Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
    20180 et seq.).
        Sec. 740.  Section 743 of the Consolidated Appropriations Act, 2010
    (Public Law 111-117; 31 U.S.C. 501 note) is amended in subsection
    (a)(3), by inserting after ``exercise of an option'' the following: ``,
    and task orders issued under any such contract,''.
        Sec. 741.  During fiscal year 2012, for each employee who--
            (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
        5, United States Code, or
            (2) retires under any other provision of subchapter III of
        chapter 83 or chapter 84 of such title 5 and receives a payment as
        an incentive to separate, the separating agency shall remit to the
        Civil Service Retirement and Disability Fund an amount equal to the
        Office of Personnel Management's average unit cost of processing a
        retirement claim for the preceding fiscal year. Such amounts shall
        be available until expended to the Office of Personnel Management
        and shall be deemed to be an administrative expense under section
        8348(a)(1)(B) of title 5, United States Code.
        Sec. 742.  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. 743. (a) None of the funds made available in this or any other
    Act may be used to recommend or require any entity submitting an offer
    for a Federal contract to disclose any of the following information as
    a condition of submitting the offer:
            (1) Any payment consisting of a contribution, expenditure,
        independent expenditure, or disbursement for an electioneering
        communication that is made by the entity, its officers or
        directors, or any of its affiliates or subsidiaries to a candidate
        for election for Federal office or to a political committee, or
        that is otherwise made with respect to any election for Federal
        office.
            (2) Any disbursement of funds (other than a payment described
        in paragraph (1)) made by the entity, its officers or directors, or
        any of its affiliates or subsidiaries to any person with the intent
        or the reasonable expectation that the person will use the funds to
        make a payment described in paragraph (1).
        (b) In this section, each of the terms ``contribution'',
    ``expenditure'', ``independent expenditure'', ``electioneering
    communication'', ``candidate'', ``election'', and ``Federal office''
    has the meaning given such term in the Federal Election Campaign Act of
    1971 (2 U.S.C. 431 et seq.).
        Sec. 744.  Notwithstanding any other provision of law, until
    September 30, 2013, of the amounts made available for information
    technology investments under the heading ``Independent Agencies,
    Commodity Futures Trading Commission'' in the Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2012 (division A of Public Law 112-55), the
    Chairman of the Commodity Futures Trading Commission may transfer not
    to exceed $10,000,000 under such heading for salaries and expenses of
    such Commission:  Provided, That any transfer pursuant to this section
    shall be subject to the notification procedures set forth in section
    730 of such Act with respect to a reprogramming of funds and shall not
    be available for obligation or expenditure except in compliance with
    such procedures.

                                   TITLE VIII

                    GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                         (including transfer of funds)

        Sec. 801.  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. 802.  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.
        Sec. 803. (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 2012, 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 of the House of Representatives
    and the Senate 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, 2012.
        Sec. 804.  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. 805.  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. 806. (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. 807.  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. 808.  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. 809.  Hereafter, as part of the submission of the annual
    budget justification, the Mayor of the District of Columbia shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate, the Committee on Oversight and
    Government Reform of the House of Representatives, and the Committee on
    Homeland Security and Governmental Affairs of the Senate a report
    addressing--
            (1) crime, including the homicide rate, implementation of
        community policing, and the number of police officers on local
        beats;
            (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) education, including access to special education services
        and student achievement to be provided in consultation with the
        District of Columbia Public Schools, repeated grade rates, high
        school graduation rates, and post-secondary education attendance
        rates;
            (4) improvement in basic District services, including rat
        control and abatement; and
            (5) 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 of grants awarded to
        the District but for which the District failed to spend the amounts
        received.
        Sec. 810.  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. 811.  None of the 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. 812. (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 2012 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. 813.  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. 814.  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. 815.  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. 816.  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. 817.  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, 2012''.

      DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012

                                    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, $133,159,000:  Provided, That
    not to exceed $51,000 shall be for official reception and
    representation expenses, of which $17,000 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 of the total amount made available under this heading, $1,800,000
    shall remain available until March 30, 2012, for the Office of
    Counternarcotics Enforcement, of which up to $1,800,000 may,
    notwithstanding section 503 of this Act, be transferred to the Office
    of Policy:  Provided further, That amounts transferred pursuant to the
    preceding proviso shall remain available until September 30, 2012:
    Provided further, That the Assistant Secretary for Policy shall submit
    to the Committees on Appropriations of the Senate and the House of
    Representatives not later than March 30, 2012, an expenditure plan for
    the Office of Policy which includes a detailed description of any funds
    transferred to the Office for counternarcotics enforcement and
    activities related to risk management and analysis:  Provided further,
    That $30,000,000 shall not be available for obligation until the
    Secretary of Homeland Security submits to the Committees on
    Appropriations of the Senate and the House of Representatives a
    comprehensive plan for implementation of the biometric air exit system,
    as mandated in Public Law 110-53, including the estimated costs of
    implementation.

                  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), $235,587,000, of which
    not to exceed $2,500 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 September 30, 2016,
    solely for the alteration and improvement of facilities, tenant
    improvements, and relocation costs to consolidate Department
    headquarters operations at the Nebraska Avenue Complex; and $14,172,000
    shall remain available until September 30, 2014, for the Human
    Resources Information Technology program:  Provided further, That the
    Under Secretary for Management shall, pursuant to the requirements
    contained in the joint statement of managers accompanying this Act,
    provide to the Committees on Appropriations of the Senate and the House
    of Representatives a Comprehensive Acquisition Status Report with the
    President's budget for fiscal year 2013 as submitted under section
    1105(a) of title 31, United States Code, and quarterly updates to such
    report not later than 30 days after the completion of each quarter.

                     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), $50,860,000.

                    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,
    $257,300,000; of which $105,500,000 shall be available for salaries and
    expenses; and of which $151,800,000, to remain available until
    September 30, 2014, shall be available for development and acquisition
    of information technology equipment, software, services, and related
    activities for the Department of Homeland Security:  Provided, That the
    Department of Homeland Security Chief Information Officer shall submit
    to the Committees on Appropriations of the Senate and the House of
    Representatives, at the time that the President's budget is submitted
    each year under section 1105(a) of title 31, United States Code, a
    multi-year investment and management plan, to include each of fiscal
    years 2012 through 2015, for all information technology acquisition
    projects funded under this heading or funded by multiple components of
    the Department of Homeland Security through reimbursable agreements,
    that includes--
            (1) the proposed appropriations included for each project and
        activity tied to mission requirements, program management
        capabilities, performance levels, and specific capabilities and
        services to be delivered;
            (2) the total estimated cost and projected timeline of
        completion for all multi-year enhancements, modernizations, and new
        capabilities that are proposed in such budget or underway;
            (3) a detailed accounting of operations and maintenance and
        contractor services costs; and
            (4) a current acquisition program baseline for each project,
        that--
                (A) notes and explains any deviations in cost, performance
            parameters, schedule, or estimated date of completion from the
            original acquisition program baseline;
                (B) aligns the acquisition programs covered by the baseline
            to mission requirements by defining existing capabilities,
            identifying known capability gaps between such existing
            capabilities and stated mission requirements, and explaining
            how each increment will address such known capability gaps; and
                (C) defines life-cycle costs for such programs.

                            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.), $338,068,000; of which not
    to exceed $4,250 shall be for official reception and representation
    expenses; and of which $141,521,000 shall remain available until
    September 30, 2013.

                          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.), $117,000,000, 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 7,500 (6,500
    for replacement only) police-type vehicles; and contracting with
    individuals for personal services abroad; $8,680,118,000; 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 $38,250 shall be for official reception and
    representation expenses; of which not less than $287,901,000 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; 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 2012, 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 the
    Border Patrol shall maintain an active duty presence of not less than
    21,370 full-time equivalent agents protecting the borders of the United
    States in the fiscal year:  Provided further, That the Commissioner of
    U.S. Customs and Border Protection shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives, with the
    congressional budget justification, a multi-year investment and
    management plan, to include each fiscal year starting with the current
    fiscal year and the 3 subsequent fiscal years, for inspection and
    detection technology supporting operations under this heading,
    including all non-intrusive inspection and radiation detection
    technology, that provides--
            (1) the funding level for all inspection and detection
        technology equipment by source;
            (2) the inventory of inspection and detection technology
        equipment by type and age;
            (3) the proposed appropriations for procurement of inspection
        and detection technology equipment by type, including quantity, for
        deployment, and for operations and maintenance;
            (4) projected funding levels for procurement of inspection and
        detection technology equipment by type, including quantity, for
        deployment, and for operations and maintenance for each of the 3
        subsequent fiscal years; and
            (5) a current acquisition program baseline that--
                (A) aligns the acquisition of each technology to mission
            requirements by defining existing capabilities of comparable
            legacy technology assets, identifying known capability gaps
            between such existing capabilities and stated mission
            requirements, and explaining how the acquisition of each
            technology will address such known capability gaps;
                (B) defines life-cycle costs for each technology, including
            all associated costs of major acquisitions systems
            infrastructure and transition to operations, delineated by
            purpose and fiscal year for the projected service life of the
            technology; and
                (C) includes a phase-out and decommissioning schedule
            delineated by fiscal year for existing legacy technology assets
            that each technology is intended to replace or recapitalize.

                            automation modernization

        For expenses for U.S. Customs and Border Protection automated
    systems, $334,275,000, to remain available until September 30, 2014, of
    which not less than $140,000,000 shall be for the development of the
    Automated Commercial Environment:  Provided, That of the total amount
    made available under this heading, $25,000,000 may not be obligated for
    the Automated Commercial Environment program until the Commissioner of
    U.S. Customs and Border Protection submits to the Committees on
    Appropriations of the Senate and the House of Representatives, not
    later than 60 days after the date of enactment of this Act, an
    expenditure plan for the Automated Commercial Environment program
    including results to date, plans for the program, and a list of
    projects with associated funding from prior appropriations and provided
    by this Act.

            border security fencing, infrastructure, and technology

        For expenses for border security fencing, infrastructure, and
    technology, $400,000,000, to remain available until September 30, 2014:
     Provided, That of the total amount made available under this heading,
    $60,000,000 shall not be obligated until the Committees on
    Appropriations of the Senate and the House of Representatives receive a
    detailed plan for expenditure, prepared by the Commissioner of U.S.
    Customs and Border Protection, and submitted not later than 90 days
    after the date of 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:  Provided further, That the
    Commissioner of U.S. Customs and Border Protection shall submit to the
    Committees on Appropriations of the Senate and the House of
    Representatives, at the time that the President's budget is submitted
    each year under section 1105(a) of title 31, United States Code, a
    multi-year investment and management plan for the Border Security
    Fencing, Infrastructure, and Technology account, that includes for each
    tactical infrastructure and technology deployment--
            (1) the funding level in that budget and projected funding
        levels for each of the next 3 fiscal years, including a description
        of the purpose of such funds;
            (2) the deployment plan, by border segment, that aligns each
        deployment to mission requirements by defining existing
        capabilities, identifying known capability gaps between such
        existing capabilities and stated mission requirements related to
        achieving operational control, and explaining how each tactical
        infrastructure or technology deployment will address such known
        capability gaps; and
            (3) a current acquisition program baseline that--
                (A) notes and explains any deviations in cost, performance
            parameters, schedule, or estimated date of completion from the
            most recent acquisition program baseline approved by the
            Department of Homeland Security Acquisition Review Board;
                (B) includes a phase-out and life-cycle recapitalization
            schedule delineated by fiscal year for existing and new
            tactical infrastructure and technology deployments that each
            deployment is intended to replace or recapitalize; and
                (C) includes qualitative performance metrics that assess
            the effectiveness of new and existing tactical infrastructure
            and technology deployments and inform the next multi-year
            investment and management plan related to achieving operational
            control of the Northern and Southwest borders of the United
            States.

     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 operations of
    which include the following: 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
    of Homeland Security; 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, $503,966,000, to remain available until September 30, 2014:
    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 of Homeland Security during fiscal year 2012 without the
    prior approval of the Committees on Appropriations of the Senate and
    the House of Representatives:  Provided further, That the Secretary of
    Homeland Security shall report to the Committees on Appropriations of
    the Senate and the House of Representatives, not later than 90 days
    after the date of enactment of this Act, on the update to the 5-year
    strategic plan for the air and marine program directed in conference
    report 109-241 accompanying Public Law 109-90 that addresses missions,
    structure, operations, equipment, facilities, and resources including
    deployment and command and control requirements, and includes a
    recapitalization plan with milestones and funding, and a detailed
    staffing plan with associated costs to achieve full staffing to meet
    all mission requirements.

                     construction and facilities management

        For necessary expenses to plan, acquire, construct, renovate,
    equip, furnish, operate, manage, and maintain buildings, facilities,
    and related infrastructure necessary for the administration and
    enforcement of the laws relating to customs, immigration, and border
    security, $236,596,000, to remain available until September 30, 2016:
    Provided, That for fiscal year 2012 and thereafter, 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:
    Provided further, That the Commissioner of U.S. Customs and Border
    Protection shall submit to the Committees on Appropriations of the
    Senate and the House of Representatives, at the time that the
    President's budget is submitted each year under section 1105(a) of
    title 31, United States Code, an inventory of the real property of U.S.
    Customs and Border Protection and a plan for each activity and project
    proposed for funding under this heading that includes the full cost by
    fiscal year of each activity and project proposed and underway in
    fiscal year 2013.

                    U.S. Immigration and Customs Enforcement

                             salaries and expenses

        For necessary expenses for enforcement of immigration and customs
    laws, detention and removals, and investigations, including overseas
    vetted units operations; and purchase and lease of up to 3,790 (2,350
    for replacement only) police-type vehicles; $5,528,874,000; 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
    $12,750 shall be for official reception and representation expenses; 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 less than $305,000 shall
    be for promotion of public awareness of the child pornography tipline
    and activities to counter child exploitation; of which 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)); and 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:  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 of Homeland Security, 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 provided, $15,770,000 shall be for activities
    to enforce laws against forced child labor, of which not to exceed
    $6,000,000 shall remain available until expended:  Provided further,
    That of the total amount available, not less than $1,600,000,000 shall
    be available to identify aliens convicted of a crime who may be
    deportable, and to remove them from the United States once they are
    judged deportable, of which $189,064,000 shall remain available until
    September 30, 2013:  Provided further, That the Assistant Secretary of
    Homeland Security for U.S. Immigration and Customs Enforcement 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 such
    progress:  Provided further, That the Secretary of Homeland Security
    shall prioritize the identification and removal of aliens convicted of
    a crime by the severity of that crime:  Provided further, That funding
    made available under this heading shall maintain a level of not less
    than 34,000 detention beds through September 30, 2012:  Provided
    further, That of the total amount provided, not less than
    $2,750,843,000 is for detention and removal operations, including
    transportation of unaccompanied minor aliens:  Provided further, That
    of the total amount provided, $10,300,000 shall remain available until
    September 30, 2013, for the Visa Security Program:  Provided further,
    That none of the funds provided 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 none of the funds
    provided 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.

                            automation modernization

        For expenses of immigration and customs enforcement automated
    systems, $21,710,000, to remain available until September 30, 2016.

                     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; 115 Stat. 597; 49 U.S.C. 40101 note), $5,253,956,000, to remain
    available until September 30, 2013, of which not to exceed $8,500 shall
    be for official reception and representation expenses:  Provided, That
    of the total amount made available under this heading, not to exceed
    $4,167,631,000 shall be for screening operations, of which $543,103,000
    shall be available for explosives detection systems; $204,768,000 shall
    be for checkpoint support; and not to exceed $1,086,325,000 shall be
    for aviation security direction and enforcement:  Provided further,
    That of the amount made available in the preceding proviso for
    explosives detection systems, $222,738,000 shall be available for the
    purchase and installation of these systems, of which not less than 10
    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 during fiscal year 2012 so as to result in a final fiscal year
    appropriation from the general fund estimated at not more than
    $3,223,956,000:  Provided further, That any security service fees
    collected in excess of the amount made available under this heading
    shall become available during fiscal year 2013:  Provided further, That
    notwithstanding section 44923 of title 49, United States Code, for
    fiscal year 2012, any funds in the Aviation Security Capital Fund
    established by section 44923(h) of title 49, United States Code, may be
    used for the procurement and installation of explosives detection
    systems or for the issuance of other transaction agreements for the
    purpose of funding projects described in section 44923(a):  Provided
    further, That none of the funds made available in this Act may be used
    for any recruiting or hiring of personnel into the Transportation
    Security Administration that would cause the agency to exceed a
    staffing level of 46,000 full-time equivalent screeners:  Provided
    further, That the preceding proviso shall not apply to personnel hired
    as part-time employees:  Provided further, That not later than 90 days
    after the date of enactment of this Act, the Secretary of Homeland
    Security shall submit to the Committees on Appropriations of the Senate
    and the House of Representatives a detailed report on--
            (1) the Department of Homeland Security efforts and resources
        being devoted to develop more advanced integrated passenger
        screening technologies for the most effective security of
        passengers and baggage at the lowest possible operating and
        acquisition costs;
            (2) how the Transportation Security Administration is deploying
        its existing passenger and baggage screener workforce in the most
        cost effective manner; and
            (3) labor savings from the deployment of improved technologies
        for passenger and baggage screening and how those savings are being
        used to offset security costs or reinvested to address security
        vulnerabilities:
      Provided further, That Members of the United States House of
    Representatives and United States 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 United States Attorney General,
    Deputy Attorney General, Assistant Attorneys General, and the 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,
    $134,748,000, to remain available until September 30, 2013.

               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, $163,954,000, to remain available until September
    30, 2013.

                        transportation security support

        For necessary expenses of the Transportation Security
    Administration related to transportation security support and
    intelligence pursuant to the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
    $1,031,926,000, to remain available until September 30, 2013:
    Provided, That of the funds appropriated under this heading,
    $20,000,000 may not be obligated for headquarters administration until
    the Administrator of the Transportation Security Administration submits
    to the Committees on Appropriations of the Senate and the House of
    Representatives detailed expenditure plans for air cargo security,
    checkpoint support, and explosives detection systems refurbishment,
    procurement, and installations on an airport-by-airport basis for
    fiscal year 2012:  Provided further, That these plans shall be
    submitted not later than 60 days after the date of enactment of this
    Act.

                              federal air marshals

        For necessary expenses of the Federal Air Marshals, $966,115,000.

                                  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 $31,000,000;
    purchase or lease of boats necessary for overseas deployments and
    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; $7,051,054,000, of which $598,000,000 shall be for
    defense-related activities, of which $258,000,000 is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985; 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 $17,000 shall be for official reception and
    representation expenses:  Provided, 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 owners of yachts 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 provided under this heading, $75,000,000 shall be withheld from
    obligation for Coast Guard Headquarters Directorates until a revised
    future-years capital investment plan for fiscal years 2013 through
    2017, as specified under the heading Coast Guard ``Acquisition,
    Construction, and Improvements'' of this Act is submitted to the
    Committees on Appropriations of the Senate and the House of
    Representatives: Provided further, That funds made available under this
    heading for Overseas Contingency Operations/Global War on Terrorism 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, $13,500,000, to remain available until
    September 30, 2016.

                                reserve training

        For necessary expenses of the Coast Guard Reserve, as authorized by
    law; operations and maintenance of the Coast Guard reserve program;
    personnel and training costs; and equipment and services; $134,278,000.

                  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; $1,403,924,000, 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 $20,000,000 shall remain available until
    September 30, 2016, for military family housing, of which not more than
    $14,000,000 shall be derived from the Coast Guard Housing Fund,
    established pursuant to 14 U.S.C. 687; of which $642,000,000 shall be
    available until September 30, 2016, to acquire, effect major repairs
    to, renovate, or improve vessels, small boats, and related equipment;
    of which $289,900,000 shall be available until September 30, 2016, to
    acquire, effect major repairs to, renovate, or improve aircraft or
    increase aviation capability; of which $161,140,000 shall be available
    until September 30, 2016, for other acquisition programs; of which
    $180,692,000 shall be available until September 30, 2016, for shore
    facilities and aids to navigation, including waterfront facilities at
    Navy installations used by the Coast Guard; of which $110,192,000 shall
    be available for personnel compensation and benefits and related costs:
     Provided, That the funds provided by this Act shall be immediately
    available and allotted to contract for long lead time materials,
    components, and designs for the sixth National Security Cutter
    notwithstanding the availability of funds for production costs or post-
    production costs:  Provided further, That the Secretary of Homeland
    Security shall submit to the Committees on Appropriations of the Senate
    and the House of Representatives, at the time that the President's
    budget is submitted each year under section 1105(a) of title 31, United
    States Code, a future-years capital investment plan for the Coast Guard
    that identifies for each requested capital asset--
            (1) the proposed appropriations included in that budget;
            (2) the total estimated cost of completion, including and
        clearly delineating the costs of associated major acquisition
        systems infrastructure and transition to operations;
            (3) projected funding levels for each fiscal year for the next
        5 fiscal years or until acquisition program baseline or project
        completion, whichever is earlier;
            (4) an estimated completion date at the projected funding
        levels; and
            (5) a current acquisition program baseline for each capital
        asset, as applicable, that--
                (A) includes the total acquisition cost of each asset,
            subdivided by fiscal year and including a detailed description
            of the purpose of the proposed funding levels for each fiscal
            year, including for each fiscal year funds requested for
            design, pre-acquisition activities, production, structural
            modifications, missionization, post-delivery, and transition to
            operations costs;
                (B) includes a detailed project schedule through
            completion, subdivided by fiscal year, that details--
                    (i) quantities planned for each fiscal year; and
                    (ii) major acquisition and project events, including
                development of operational requirements, contracting
                actions, design reviews, production, delivery, test and
                evaluation, and transition to operations, including
                necessary training, shore infrastructure, and logistics;
                (C) notes and explains any deviations in cost, performance
            parameters, schedule, or estimated date of completion from the
            original acquisition program baseline and the most recent
            baseline approved by the Department of Homeland Security's
            Acquisition Review Board, if applicable;
                (D) aligns the acquisition of each asset to mission
            requirements by defining existing capabilities of comparable
            legacy assets, identifying known capability gaps between such
            existing capabilities and stated mission requirements, and
            explaining how the acquisition of each asset will address such
            known capability gaps;
                (E) defines life-cycle costs for each asset and the date of
            the estimate on which such costs are based, including all
            associated costs of major acquisitions systems infrastructure
            and transition to operations, delineated by purpose and fiscal
            year for the projected service life of the asset;
                (F) includes the earned value management system summary
            schedule performance index and cost performance index for each
            asset, if applicable; and
                (G) includes a phase-out and decommissioning schedule
            delineated by fiscal year for each existing legacy asset that
            each asset is intended to replace or recapitalize:
      Provided further, That the Secretary of Homeland Security 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 Public Law 110-28 shall apply with respect to the amounts made
    available under this heading.

                  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;
    $27,779,000, to remain available until September 30, 2016, 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,
    $1,440,157,000, 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 cases in which a protective
    assignment on 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; $1,661,237,000, of which not
    to exceed $21,250 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 investigations of missing and exploited children and shall
    remain available until September 30, 2013:  Provided, That up to
    $18,000,000 for protective travel shall remain available until
    September 30, 2013:  Provided further, That up to $19,307,000 for
    National Special Security Events shall remain available until September
    30, 2013:  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, for personnel receiving training sponsored by the
    James J. Rowley Training Center, except that total obligations at the
    end of 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 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 United
    States Secret Service may enter into an agreement to provide such
    protection on a fully reimbursable basis:  Provided further, That of
    the total amount made available under this heading, $43,843,000, to
    remain available until September 30, 2014, is for information
    integration and technology transformation:  Provided further, That
    $20,000,000 made available in the preceding proviso shall not be
    obligated to purchase or install information technology equipment until
    the Department of Homeland Security Chief Information Officer submits a
    report to the Committees on Appropriations of the Senate and the House
    of Representatives certifying that all plans for integration and
    transformation 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, $5,380,000, to remain
    available until September 30, 2016.

                                   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, $50,695,000:  Provided, That not to exceed $4,250 shall
    be for official reception and representation expenses:  Provided
    further, That, subject to section 503 of this Act, the Secretary of
    Homeland Security may transfer up to $4,241,000 to the Office of Policy
    under the heading Departmental Management and Operations ``Office of
    the Secretary and Executive Management'' for activities related to risk
    management and analysis:  Provided further, That in the preceding
    proviso notification shall take place not later than 90 days after the
    date of enactment of this Act:  Provided further, That any funds not
    transferred pursuant to the penultimate proviso shall be available
    solely to close out the Office of Risk Management and Analysis not
    later than September 30, 2012, and shall not be available for further
    transfer or reprogramming pursuant to section 503 of this Act.

               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.),
    $888,243,000, of which $200,000,000 shall remain available until
    September 30, 2013:  Provided, That the Under Secretary for the
    National Protection and Programs Directorate shall submit a plan for
    expenditure for the National Cyber Security Division and the Office of
    Infrastructure Protection, to the Committees on Appropriations of the
    Senate and the House of Representatives, not later than 90 days after
    the date of enactment of this Act.

                           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 not later
    than December 31, 2011, that the operations of the Federal Protective
    Service will be fully funded in fiscal year 2012 through revenues and
    collection of security fees, and shall adjust the fees to ensure fee
    collections are sufficient to ensure that the Federal Protective
    Service maintains not fewer than 1,371 full-time equivalent staff and
    1,007 full-time equivalent 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''):  Provided further, That an
    expenditure plan for fiscal year 2012 shall be provided to the
    Committees on Appropriations of the Senate and the House of
    Representatives not later than 60 days after the date of enactment of
    this Act:  Provided further, That the Director of the Federal
    Protective Service shall include with the submission of the President's
    fiscal year 2013 budget a strategic human capital plan that aligns fee
    collections to personnel requirements based on a current threat
    assessment.

        united states visitor and immigrant status indicator technology

        For necessary expenses for the United States Visitor and Immigrant
    Status Indicator Technology program, as authorized by section 110 of
    the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    (8 U.S.C. 1365a), $306,802,000, of which $9,400,000 is for development
    of a comprehensive plan for implementation of biometric air exit and
    improvements to biographic entry-exit capabilities:  Provided, That of
    the total amount made available under this heading, $194,295,000 is to
    remain available until September 30, 2014:  Provided further, That of
    the total amount provided, $50,000,000 may not be obligated for the
    United States Visitor and Immigrant Status Indicator Technology program
    until the Secretary of Homeland Security submits to the Committees on
    Appropriations of the Senate and the House of Representatives at the
    time that the President's budget is submitted each year under section
    1105(a) of title 31, United States Code, a multi-year investment and
    management plan, to include each fiscal year starting with the current
    fiscal year, and the following 3 fiscal years, for the United States
    Visitor and Immigrant Status Indicator Technology program that
    includes--
            (1) the proposed appropriations for each activity tied to
        mission requirements and outcomes, program management capabilities,
        performance levels, and specific capabilities and services to be
        delivered, noting any deviations in cost or performance from the
        prior fiscal year expenditure or investment and management plan;
            (2) the total estimated cost, projected funding by fiscal year,
        and projected timeline of completion for all enhancements,
        modernizations, and new capabilities proposed in such budget and
        underway, including and clearly delineating associated efforts and
        funds requested by other agencies within the Department of Homeland
        Security and in the Federal Government, and detailing any
        deviations in cost, performance, schedule, or estimated date of
        completion provided in the prior fiscal year expenditure or
        investment and management plan; and
            (3) a detailed accounting of operations and maintenance,
        contractor services, and program costs associated with the
        management of identity services.

                            Office of Health Affairs

        For necessary expenses of the Office of Health Affairs,
    $167,449,000; of which $29,671,000 is for salaries and expenses and
    $90,164,000 is for BioWatch operations:  Provided, That $47,614,000
    shall remain available until September 30, 2013, for biosurveillance,
    BioWatch Generation 3, chemical defense, medical and health planning
    and coordination, and workforce health protection:  Provided further,
    That not to exceed $2,500 shall be for official reception and
    representation expenses:  Provided further, That the Assistant
    Secretary for the Office of Health Affairs shall submit an expenditure
    plan for fiscal year 2012 to the Committees on Appropriations of the
    Senate and the House of Representatives not later than 60 days after
    the date of enactment of this Act.

                      Federal Emergency Management Agency

                             salaries and expenses

        For necessary expenses of the Federal Emergency Management Agency,
    $895,350,000, 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;
    120 Stat. 1394):  Provided, That not to exceed $2,500 shall be for
    official reception and representation expenses:  Provided further, That
    the Administrator of the Federal Emergency Management Agency may
    reprogram funds made available under this heading between programs,
    projects, and activities prior to April 16, 2012, notwithstanding
    section 503 of this Act:  Provided further, That $1,400,000 of the
    funds available for the Office of the Administrator of the Federal
    Emergency Management Agency shall not be available for obligation until
    the Administrator of the Federal Emergency Management Agency submits to
    the Committees on Appropriations of the Senate and the House of
    Representatives the National Preparedness Report required by Public Law
    109-295 and a comprehensive plan to implement a system to measure the
    effectiveness of grants to State and local communities in fiscal year
    2012:  Provided further, That for purposes of planning, coordination,
    execution, and decision making related to mass evacuation during a
    disaster, 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 the Homeland Security Act of 2002 (Public Law 107-296):  Provided
    further, That of the total amount made available under this heading,
    $41,250,000 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; $5,493,000 shall be for the Office of National
    Capital Region Coordination; not to exceed $12,000,000 shall remain
    available until September 30, 2013, for capital improvements at the
    Mount Weather Emergency Operations Center; and not less than
    $13,662,000 shall be for expenses related to modernization of automated
    systems:  Provided further, That the Administrator of the Federal
    Emergency Management Agency, in consultation with the Department of
    Homeland Security Chief Information Officer, shall submit to the
    Committees on Appropriations of the Senate and the House of
    Representatives a strategic plan, not later than 180 days after the
    date of enactment of this Act, for the funds specified in the preceding
    proviso related to modernization of automated systems, that includes--
            (1) a comprehensive plan to automate and modernize information
        systems to resolve current inefficiencies, integrate data, and aid
        in better performance of executing the Agency-wide mission;
            (2) a description of the appropriations for each project and
        activity tied to mission requirements and outcomes, program
        management capabilities, performance levels, and specific
        capabilities and services to be delivered;
            (3) the total estimated cost and projected timeline of
        completion for all multi-year enhancements, modernizations, and new
        capabilities proposed and underway covering a period of no less
        than 3 years;
            (4) a detailed accounting of operations and maintenance and
        contractor services costs; and
            (5) the current or planned acquisition programs including--
                (A) how the programs align to mission requirements by
            defining existing capabilities, identifying known capability
            gaps between such existing capabilities and stated mission
            requirements, and explaining how each increment will address a
            known capability gap;
                (B) how programs provide quantifiable information that aids
            in understanding national emergency management capabilities;
                (C) how programs ensure information sharing among homeland
            security partners; and
                (D) life-cycle costs for all acquisitions.

                            state and local programs

                         (including transfer of funds)

        For grants, contracts, cooperative agreements, and other
    activities, $1,349,681,000, which shall be distributed, according to
    threat, vulnerability, and consequence, at the discretion of the
    Secretary of Homeland Security based on the following authorities:
            (1) The State Homeland Security Grant Program under section
        2004 of the Homeland Security Act of 2002 (6 U.S.C. 605):
        Provided, That notwithstanding subsection (c)(4) of such section
        2004, for fiscal year 2012, 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) The Urban Area Security Initiative under section 2003 of
        the Homeland Security Act of 2002 (6 U.S.C. 604).
            (3) The Metropolitan Medical Response System under section 635
        of the Post-Katrina Emergency Management Reform Act of 2006 (6
        U.S.C. 723).
            (4) The Citizen Corps Program.
            (5) Public Transportation Security Assistance and Railroad
        Security Assistance, under sections 1406 and 1513 of the
        Implementing Recommendations of the 9/11 Commission Act of 2007 (6
        U.S.C. 1135 and 1163), including Amtrak security:  Provided, That
        such public transportation security assistance shall be provided
        directly to public transportation agencies.
            (6) Over-the-Road Bus Security Assistance under section 1532 of
        the Implementing Recommendations of the 9/11 Commission Act of 2007
        (6 U.S.C. 1182).
            (7) Port Security Grants in accordance with 46 U.S.C. 70107.
            (8) The Driver's License Security Grants Program in accordance
        with section 204 of the REAL ID Act of 2005 (49 U.S.C. 30301 note).
            (9) The Interoperable Emergency Communications Grant Program
        under section 1809 of the Homeland Security Act of 2002 (6 U.S.C.
        579).
            (10) Emergency Operations Centers under section 614 of the
        Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
        U.S.C. 5196c).
            (11) Buffer Zone Protection Program Grants.
            (12) Organizations (as described under section 501(c)(3) of the
        Internal Revenue Code of 1986 and exempt from tax section 501(a) of
        such code) determined by the Secretary to be at high risk of a
        terrorist attack:
      Provided, That of the amount provided under this heading, $50,000,000
    shall be for Operation Stonegarden and no less than $100,000,000 shall
    be for areas at the highest threat of a terrorist attack:  Provided
    further, That $231,681,000 shall be for training, exercises, technical
    assistance, and other programs, of which $155,500,000 shall be for
    training of State, local, and tribal emergency response providers:
    Provided further, That for grants under paragraphs (1) through (12),
    applications for grants shall be made available to eligible applicants
    not later than 60 days after the date of enactment of this Act, that
    eligible applicants shall submit applications not later than 80 days
    after the grant announcement, and the Administrator of the Federal
    Emergency Management Agency shall act within 65 days after the receipt
    of an application:  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 6.8 percent of the amounts provided under this heading
    shall be transferred to the Federal Emergency Management Agency
    ``Salaries and Expenses'' account for program administration:  Provided
    further, That for grants under paragraphs (1) and (2), the installation
    of communication 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
    of Homeland Security:  Provided further, That in fiscal year 2012: (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; and (c) subject to (b), nothing in (a) prohibits
    the Center for Domestic Preparedness from providing training to
    employees of the Federal Emergency Management Agency in existing
    chemical, biological, radiological, nuclear, explosives, mass casualty,
    and medical surge courses 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.),
    $675,000,000, to remain available until September 30, 2013, of which
    $337,500,000 shall be available to carry out section 33 of that Act (15
    U.S.C. 2229) and $337,500,000 shall be available to carry out section
    34 of that Act (15 U.S.C. 2229a):  Provided, 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.), $350,000,000:  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 2012, 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 its radiological emergency preparedness program for the next fiscal
    year:  Provided, That the methodology for assessment and collection of
    fees shall be fair and equitable and shall reflect costs of providing
    such services, including administrative costs of collecting such fees:
    Provided further, That fees received under this heading shall be
    deposited in this account as offsetting collections and will become
    available for authorized purposes on October 1, 2012, 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.), $44,038,000.

                              disaster relief fund

                         (including transfer 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.),
    $700,000,000, to remain available until expended, of which $24,000,000
    shall be transferred to the Department of Homeland Security Office of
    Inspector General for audits and investigations related to disasters:
    Provided, That the Administrator of 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 made available in this or any other Act for
    disaster readiness and support not later than 60 days after the date of
    enactment of this Act:  Provided further, That the Administrator of 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 from the initial plan:  Provided
    further, That the matter under this heading in title III of division E
    of Public Law 110-161 is amended by striking the fourth proviso:
    Provided further, That the Administrator of the Federal Emergency
    Management Agency shall submit to the Committees on Appropriations of
    the Senate and the House of Representatives the following reports,
    including a specific description of the methodology and the source data
    used in developing such reports:
            (1) an estimate of the following amounts shall be submitted for
        the budget year at the time that the President's budget is
        submitted each year under section 1105(a) of title 31, United
        States Code:
                (A) the unobligated balance of funds to be carried over
            from the prior fiscal year to the budget year;
                (B) the unobligated balance of funds to be carried over
            from the budget year to the budget year plus 1;
                (C) the amount of obligations for non-catastrophic events
            for the budget year;
                (D) the amount of obligations for the budget year for
            catastrophic events delineated by event and by State;
                (E) the total amount that has been previously obligated or
            will be required for catastrophic events delineated by event
            and by State for all prior years, the current year, the budget
            year, the budget year plus 1, the budget year plus 2, and the
            budget year plus 3 and beyond;
                (F) the amount of previously obligated funds that will be
            recovered for the budget year;
                (G) the amount that will be required for obligations for
            emergencies, as described in section 102(1) of the Robert T.
            Stafford Disaster Relief and Emergency Assistance Act (42
            U.S.C. 5122(1)), major disasters, as described in section
            102(2) of the Robert T. Stafford Disaster Relief and Emergency
            Assistance Act (42 U.S.C. 5122(2)), fire management assistance
            grants, as described in section 420 of the Robert T. Stafford
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187),
            surge activities, and disaster readiness and support
            activities;
                (H) the amount required for activities not covered under
            section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency
            Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); Public
            Law 99-177);
            (2) an estimate or actual amounts, if available, of the
        following for the current fiscal year shall be submitted not later
        than the fifth day of each month beginning with the first full
        month after the date of enactment of this Act:
                (A) a summary of the amount of appropriations made
            available by source, the transfers executed, the previously
            allocated funds recovered, and the commitments, allocations,
            and obligations made;
                (B) a table of disaster relief activity delineated by
            month, including--
                    (i) the beginning and ending balances;
                    (ii) the total obligations to include amounts obligated
                for fire assistance, emergencies, surge, and disaster
                support activities;
                    (iii) the obligations for catastrophic events
                delineated by event and by State; and
                    (iv) the amount of previously obligated funds that are
                recovered;
                (C) a summary of allocations, obligations, and expenditures
            for catastrophic events delineated by event; and
                (D) the date on which funds appropriated will be exhausted.

                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 program

        For necessary expenses, including administrative costs, under
    section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
    4101), $97,712,000, 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.

                         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.), $171,000,000, 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 $22,000,000 shall be available for salaries and expenses
    associated with flood mitigation and flood insurance operations; and
    not less than $149,000,000 shall be available for flood plain
    management and flood mapping, which shall remain available until
    September 30, 2013:  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 2012, 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) $132,000,000 for operating expenses;
            (2) $1,007,571,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury
        borrowings; and
            (4) $60,000,000, which shall remain available until expended
        for flood mitigation actions; of which not less than $10,000,000 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 the 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 Insurance Act
    of 1968, notwithstanding subsection (f)(8) of such section 102 (42
    U.S.C. 4012a(f)(8) and subsection 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), $35,500,000, to remain available until expended:
    Provided, That the total administrative costs associated with such
    grants shall not exceed $3,000,000 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.), $120,000,000, 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,
    $102,424,000 for the E-Verify Program, as described in section 403(a)
    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 otherwise made available to United States
    Citizenship and Immigration Services may be used to acquire, operate,
    equip, and dispose of up to 5 vehicles, for replacement only, for 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 who are
    assigned to those areas to use such vehicles to travel between the
    employees' residences and places of employment.

                    Federal Law Enforcement Training Center

                             salaries and expenses

        For necessary expenses of the Federal Law Enforcement Training
    Center, 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; $238,957,000; of which up to $48,978,000 shall
    remain available until September 30, 2013, for materials and support
    costs of Federal law enforcement basic training; of which $300,000
    shall remain available until expended to be distributed to Federal law
    enforcement agencies for expenses incurred participating in training
    accreditation; and of which not to exceed $10,200 shall be for official
    reception and representation expenses:  Provided, 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 section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
    note), as amended by Public Law 111-83 (123 Stat. 2166), is further
    amended by striking ``December 31, 2012'' and inserting ``December 31,
    2014'':  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 the Federal Law
    Enforcement Training Accreditation Board, including representatives
    from the Federal 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, $32,456,000, to remain available until September 30,
    2016:  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.), $135,000,000:  Provided,
    That not to exceed $8,500 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 5 vehicles, $533,000,000, of which $356,500,000, to
    remain available until September 30, 2014; and of which $176,500,000,
    to remain available until September 30, 2016, solely for operation and
    construction of laboratory facilities.

                       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, $38,000,000:  Provided, That not to exceed $2,500 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 of Homeland Security shall submit to the Committees on
    Appropriations of the Senate and the 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 2012, and planned for
        fiscal year 2013, 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
        each of fiscal years 2012 and 2013.

                     research, development, and operations

        For necessary expenses for radiological and nuclear research,
    development, testing, evaluation, and operations, $215,000,000, to
    remain available until September 30, 2014.

                              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, $37,000,000, to remain available
    until September 30, 2014.

                                    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.  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 2012, 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 2012
        Budget Appendix for the Department of Homeland Security, as
        modified by the joint 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 2012, 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 reduces the 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 June 30, except in extraordinary circumstances
    that imminently threaten the safety of human life or the protection of
    property.
        (e) The notification thresholds and procedures set forth in this
    section shall apply to any use of deobligated balances of funds
    provided in previous Department of Homeland Security Appropriations
    Acts.
        Sec. 504.  The Department of Homeland Security Working Capital
    Fund, established pursuant to section 403 of Public Law 103-356 (31
    U.S.C. 501 note), shall continue operations as a permanent working
    capital fund for fiscal year 2012:  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 2012 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 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 the
    Working Capital Fund 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 unobligated balances remaining available at the
    end of fiscal year 2012 from appropriations for salaries and expenses
    for fiscal year 2012 in this Act shall remain available through
    September 30, 2013, 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 2012 until the enactment of an Act authorizing
    intelligence activities for fiscal year 2012.
        Sec. 507. (a) Except as provided in subsections (b) and (c), none
    of the funds made available by this Act may be used to--
            (1) make or award a grant allocation, grant, contract, other
        transaction agreement, 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;
            (2) award a task or delivery order requiring an obligation of
        funds in an amount greater than $10,000,000 from multi-year
        Department of Homeland Security funds or a task or delivery order
        that would cause cumulative obligations of multi-year funds in a
        single account to exceed 50 percent of the total amount
        appropriated; or
            (3) announce publicly the intention to make or award items
        under paragraph (1) or (2), including a contract covered by the
        Federal Acquisition Regulation.
        (b) The Secretary of Homeland Security may waive the prohibition
    under subsection (a) if the Secretary notifies the Committees on
    Appropriations of the Senate and the House of Representatives at least
    3 full business days in advance of making an award or issuing a letter
    as described in that subsection.
        (c) 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 notification, and
    the Secretary shall notify the Committees on Appropriations of the
    Senate and the House of Representatives not later than 5 full business
    days after such an award is made or letter issued.
        (d) A notification under this section--
            (1) may not involve funds that are not available for
        obligation; and
            (2) 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.
        (e) The Administrator of 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 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, and 530, of the Department of
    Homeland Security Appropriations Act, 2008 (division E of Public Law
    110-161; 121 Stat. 2073 and 2074) 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.  Within 45 days after the end 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. 515.  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. 516.  Except as provided in section 44945 of title 49, United
    States Code, funds appropriated or transferred to Transportation
    Security Administration ``Aviation Security'', ``Administration'', and
    ``Transportation Security Support'' for fiscal years 2004 and 2005 that
    are recovered or deobligated shall be available only for the
    procurement or installation of explosives detection systems, air cargo,
    baggage, and checkpoint screening systems, subject to notification:
    Provided, That quarterly reports shall be submitted to the Committees
    on Appropriations of the Senate and the House of Representatives on any
    funds that are recovered or deobligated.
        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.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
    amended by striking ``2011'' and inserting ``2012''.
        Sec. 519.  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. 520. (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 such
    headings 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
            (4) by another Federal agency using funds provided through an
        interagency agreement.
        (c)(1) Subject to paragraph (2), the Secretary of Homeland Security
    may waive the application of this section for the award of a contract
    in the interest of national security or if failure to do so 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 applicable contract to which the waiver
    applies and an explanation of why the waiver authority was used:
    Provided, That 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 deems relevant:
    Provided further, That the Inspector General shall report the results
    of the reviews to the Committees on Appropriations of the Senate and
    the House of Representatives no later than February 6, 2012.
        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);
            (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; and
            (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.  None of the funds made available in this or any other
    Act for fiscal years 2012 and thereafter may be used to enforce section
    4025(1) of Public Law 108-458 unless the Administrator of the
    Transportation Security Administration reverses the determination of
    July 19, 2007, that butane lighters are not a significant threat to
    civil aviation security.
        Sec. 523.  None of the funds provided or otherwise 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. 524.  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
    enactment of this Act.
        Sec. 525.  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 the
    results do not preclude the granting of the benefit.
        Sec. 526.  None of the funds made available in this or any other
    Act for fiscal year 2012 and thereafter 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. 527.  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,
        2011,'' and inserting ``Until September 30, 2012,'';
            (2) by striking subsection (b);
            (3) by redesignating subsections (c), (d), and (e) as
        subsections (b), (c), and (d), respectively; and
            (4) in subsection (c)(1) (as redesignated by paragraph (3) of
        this section), by striking ``September 30, 2011,'' and inserting
        ``September 30, 2012,''.
        Sec. 528.  The Secretary of Homeland Security shall require that
    all contracts of 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. 529.  Notwithstanding any other provision of law, none of the
    funds provided in this or any other Act shall be used to approve a
    waiver of the navigation and vessel-inspection laws pursuant to 46
    U.S.C. 501(b) for the transportation of crude oil distributed from the
    Strategic Petroleum Reserve until the Secretary of Homeland Security,
    after consultation with the Secretaries of the Departments of Energy
    and Transportation and representatives from the United States flag
    maritime industry, takes adequate measures to ensure the use of United
    States flag vessels:  Provided, That the Secretary shall notify the
    Committees on Appropriations of the Senate and the House of
    Representatives, the Committee on Commerce, Science, and Transportation
    of the Senate, and the Committee on Transportation and Infrastructure
    of the House of Representatives within 48 hours of any request for
    waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C.
    501(b).
        Sec. 530.  None of the funds made available to the Office of the
    Secretary and Executive Management under this Act may be expended for
    any new hires by the Department of Homeland Security that are not
    verified through the E-Verify Program as described in section 403(a) of
    the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    (8 U.S.C. 1324a note).
        Sec. 531.  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. 532.  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. 533.  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. 534.  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 9703.1 (g)(4)(B) of
    title 31, United States Code (as 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. 535.  None of the funds made available in this Act may be used
    for planning, testing, piloting, or developing a national
    identification card.
        Sec. 536.  If the Administrator of the Transportation Security
    Administration determines that an airport does not need to participate
    in the E-Verify Program as described in section 403(a) of the Illegal
    Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
    1324a note), the Administrator shall certify to the Committees on
    Appropriations of the Senate and the House of Representatives that no
    security risks will result from such non-participation.
        Sec. 537. (a) Notwithstanding any other provision of this Act,
    except as provided in subsection (b), and 30 days after the date on
    which the President determines whether to declare a major disaster
    because of an event and any appeal is completed, the Administrator
    shall publish on the Web site of the Federal Emergency Management
    Agency a report regarding that decision that shall summarize 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. 538. (a) Notwithstanding any other provision of law during
    fiscal year 2012 or any subsequent fiscal year, if the Secretary of
    Homeland Security determines that the National Bio- and Agro-defense
    Facility should 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 which 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 such 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 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 expenses incurred by the General Services
    Administration.
        Sec. 539.  Any official that is required by this Act to report or
    to 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. 540.  Section 550(b) of the Department of Homeland Security
    Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as
    amended by section 550 of the Department of Homeland Security
    Appropriations Act, 2010 (Public Law 111-83), is further amended by
    striking ``on October 4, 2011'' and inserting ``on October 4, 2012''.
        Sec. 541.  None of the funds appropriated or otherwise made
    available in this or any other 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.
        Sec. 542.  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. 543.  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 but not limited to surgical masks, N95 respirators,
    gloves, or hand-sanitizers, where use of such equipment or measures is
    in accord with Department of Homeland Security policy, and Centers for
    Disease Control and Prevention and Office of Personnel Management
    guidance.
        Sec. 544.  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. 545. (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 Administrator
        of the Transportation Security Administration (referred to in this
        section as the ``Administrator'').
        (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 Administrator shall require any company covered by
    subsection (a) to provide, not later than 30 days after the date of
    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.
        Sec. 546.  For fiscal year 2012 and thereafter, for purposes of
    section 210C of the Homeland Security Act of 2002 (6 U.S.C. 124j), 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. 547.  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 performance that
    does not meet the basic requirements of a contract.
        Sec. 548. (a) Not later than 180 days after the date of enactment
    of this Act, the Administrator of the Transportation Security
    Administration shall submit to the Committees on Appropriations of the
    Senate and the House of Representatives, a report that either--
            (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 Administrator shall continue to submit reports described in
    subsection (a)(2) every 180 days thereafter until the Administrator
    certifies that the Transportation Security Administration has achieved
    screening of 100 percent of such air cargo.
        Sec. 549.  In developing any process to screen aviation passengers
    and crews for transportation or national security purposes, the
    Secretary of Homeland Security shall ensure that all such processes
    take into consideration such passengers' and crews' privacy and civil
    liberties consistent with applicable laws, regulations, and guidance.
        Sec. 550. (a) None of the funds made available in this Act may be
    obligated for construction of the National Bio- and Agro-defense
    Facility until the Department of Homeland Security--
            (1) completes 50 percent of design planning for the National
        Bio- and Agro-defense Facility;
            (2) submits to the Committees on Appropriations of the Senate
        and the House of Representatives a revised site-specific biosafety
        and biosecurity mitigation risk assessment that describes how to
        significantly reduce risks of conducting essential research and
        diagnostic testing at the National Bio- and Agro-defense Facility
        and addresses shortcomings identified in the National Academy of
        Sciences' evaluation of the initial site-specific biosafety and
        biosecurity mitigation risk assessment; and
            (3) submits to the Committees on Appropriations of the Senate
        and the House of Representatives the results of the National
        Academy of Sciences' review of the risk assessment as described in
        subsection (c).
        (b) The revised site-specific biosafety and biosecurity mitigation
    risk assessment required by subsection (a) shall--
            (1) include a quantitative risk assessment for foot-and-mouth
        disease virus, in particular epidemiological and economic impact
        modeling to determine the overall risk of operating the facility
        for its expected 50-year life span, taking into account strategies
        to mitigate 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;
            (2) address the impact of surveillance, response, and
        mitigation plans (developed in consultation with local, State, and
        Federal authorities and appropriate stakeholders) if a release
        occurs, to detect and control the spread of disease; and
            (3) include overall risks of the most dangerous pathogens the
        Department of Homeland Security expects to hold in the National
        Bio- and Agro-defense Facility's biosafety level 4 facility, and
        effectiveness of mitigation strategies to reduce those risks.
        (c) The Department 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 (a). The
    National Academy of Sciences shall submit a report on such evaluation
    within four months after the date the Department of Homeland Security
    concludes its risk assessment.
        Sec. 551. (a) Notwithstanding section 1356(n) of title 8, United
    States Code, of the funds deposited into the Immigration Examinations
    Fee Account, $10,000,000 shall be available to United States
    Citizenship and Immigration Services in fiscal year 2012 for the
    purpose of providing an immigrant integration grants program.
        (b) None of the funds made available to United States Citizenship
    and Immigration Services for grants for immigrant integration may be
    used to provide services to aliens who have not been lawfully admitted
    for permanent residence.
        Sec. 552.  For an additional amount for necessary expenses for
    reimbursement of the actual costs to State and local governments for
    providing emergency management, public safety, and security at events,
    as determined by the Administrator of the Federal Emergency Management
    Agency, related to the presence of a National Special Security Event,
    $7,500,000, to remain available until September 30, 2013.
        Sec. 553.  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.
        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.  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.
        Sec. 556. (a) For an additional amount for data center migration,
    $70,000,000.
        (b) Funds made available in subsection (a) for data center
    migration may be transferred by the Secretary of Homeland Security
    between appropriations for the same purpose, notwithstanding section
    503 of this Act.
        (c) No transfer described in subsection (b) shall occur until 15
    days after the Committees on Appropriations of the Senate and the House
    of Representatives are notified of such transfer.
        Sec. 557.  For fiscal year 2012 and thereafter, 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 ``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. 558.  Section 559(e) of Public Law 111-83 is amended--
            (a) in the matter preceding the first proviso, by striking
        ``law, sell'' and inserting ``law, hereafter sell''; and
            (b) in the first proviso--
                (1) by striking ``shall be deposited'' and inserting
            ``shall hereafter be deposited''; and
                (2) by striking ``subject to appropriation,'' and inserting
            ``without further appropriations,''.
        Sec. 559.  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 34,000 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. 560.  For an additional amount for the ``Office of the Under
    Secretary for Management'', $55,979,000, to remain available until
    expended, for necessary expenses to plan, acquire, construct, renovate,
    remediate, equip, furnish, and occupy buildings and facilities for the
    consolidation of department headquarters at St. Elizabeths and
    associated mission support consolidation:  Provided, That the
    Committees on Appropriations of the Senate and the House of
    Representatives shall receive an expenditure plan not later than 90
    days after the date of enactment of this Act detailing the allocation
    of these funds.
        Sec. 561.  None of the funds made available by this Act may be used
    to enforce the requirements in--
            (1) section 34(a)(1)(A) of the Federal Fire Prevention and
        Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));
            (2) section 34(a)(1)(B) of such Act;
            (3) section 34(c)(1) of such Act;
            (4) section 34(c)(2) of such Act;
            (5) section 34(c)(4)(A) of such Act; and
            (6) section 34(a)(1)(E) of such Act.
        Sec. 562.  Notwithstanding the requirement under section
    34(a)(1)(A) of the Federal Fire Prevention and Control Act of 1974 (15
    U.S.C. 2229a(a)(1)(A)) 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
    appropriated for fiscal year 2011, shall grant waivers from the
    requirements of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of
    such section:  Provided, That section 34(a)(1)(E) of such Act shall not
    apply with respect to funds appropriated for fiscal year 2011 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 for fiscal year 2011 are
    made available for the hiring, rehiring, or retention of firefighters.
        Sec. 563.  For fiscal year 2012 and thereafter, notwithstanding
    section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
    2712(a)(5)) and 31 U.S.C. 3302, in the event that a spill of national
    significance occurs, any payment of amounts from the Oil Spill
    Liability Trust Fund pursuant to section 1012(a)(1) of the Oil
    Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs
    incurred by the Coast Guard for such spill, shall be credited directly
    to the accounts of the Coast Guard current at the time such removal
    costs were incurred or when reimbursement is received:  Provided, That
    such amounts shall be merged with and, without further appropriations,
    made available for the same time period and the same purpose as the
    appropriation to which it is credited.
        Sec. 564. (a) Civil Penalties for Circumventing Security
    Screening.--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 for Circumventing Security Screening.--
    Section 46314(b)(2) of title 49, United States Code, is amended by
    inserting ``with intent to evade security procedures or restrictions
    or'' after ``of this section''.
        (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 section
        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 a penalty imposed under section 46301(a)(5)(A)(i) or
        subsection (b) of this section without regard to whether signs are
        displayed at an airport as required by paragraph (1).''.
        Sec. 565. (a) Short Title.--This section may be cited as the
    ``Disaster Assistance Recoupment Fairness Act of 2011''.
        (b) Debts Since 2005.--
            (1) Definition.--In this section, the term ``covered
        assistance'' means assistance provided--
                (A) under section 408 of the Robert T. Stafford Disaster
            Relief and Emergency Assistance Act (42 U.S.C. 5174); and
                (B) in relation to a major disaster declared by the
            President under section 401 of the Robert T. Stafford Disaster
            Relief and Emergency Assistance Act (42 U.S.C. 5170) during the
            period beginning on August 28, 2005, and ending on December 31,
            2010.
            (2) Waiver authority.--The Administrator of the Federal
        Emergency Management Agency--
                (A) subject to subparagraph (B) and paragraph (3), may
            waive a debt owed to the United States related to covered
            assistance provided to an individual or household if--
                    (i) the covered assistance was distributed based on an
                error by the Federal Emergency Management Agency;
                    (ii) there was no fault on behalf of the debtor; and
                    (iii) the collection of the debt would be against
                equity and good conscience; and
                (B) may not waive a debt under subparagraph (A) if the debt
            involves fraud, the presentation of a false claim, or
            misrepresentation by the debtor or any party having an interest
            in the claim.
            (3) Presumption of repayment.--In determining whether to waive
        a debt under paragraph (2), the Administrator of the Federal
        Emergency Management Agency shall presume that, if the adjusted
        gross income (as defined under section 62 of the Internal Revenue
        Code of 1986) of the household of the debtor for the last taxable
        year ending in or with the calendar year preceding the date on
        which the income is determined exceeds $90,000, the debtor should
        be required to make at least a partial payment on the debt.
            (4) Reporting.--Not later than 3 months after the date of
        enactment of this Act, and every 3 months thereafter until the date
        that is 18 months after the date of enactment of this Act, the
        Inspector General of the Department of Homeland Security shall
        submit a report that assesses the cost-effectiveness of the efforts
        of the Federal Emergency Management Agency to recoup improper
        payments under the Individuals and Household Program under section
        408 of the Robert T. Stafford Disaster Relief and Emergency
        Assistance Act (42 U.S.C. 5174) to--
                (A) the Committee on Homeland Security and Governmental
            Affairs and the Subcommittee on Homeland Security of the
            Committee on Appropriations of the Senate; and
                (B) the Committee on Homeland Security, the Committee on
            Transportation and Infrastructure, and the Subcommittee on
            Homeland Security of the Committee on Appropriations of the
            House of Representatives.
        Sec. 566. (a) Notwithstanding section 312 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act and subject to subsection
    (b), recipients of Small Business Administration Disaster loans for
    disaster-related damage to their homes may be eligible for
    reimbursement at the discretion of the state, under Section 404 of that
    Act, for documented and eligible mitigation work performed on their
    home.
        (b) Limitations.--
            (1) Any reimbursement provided to or on behalf of a homeowner
        pursuant to subsection (a) shall not exceed the amount of the
        disaster loan that may be used and was used for disaster mitigation
        activities; and
            (2) Subsection (a) shall only apply if the disaster loan and
        assistance provided under section 404 were made available in
        response to the same disaster declaration.
            (3) Shall be applicable only to disasters declared by the
        President under section 401 of the Robert T. Stafford Disaster
        Relief and Emergency Assistance Act (42 U.S.C. 5170) during the
        period beginning on August 28, 2005 and ending on August 28, 2006.
        (c) If a state chooses to use funds under section 404 to reimburse
    homeowners as provided in subsection (a), it shall make payments in the
    following order:
            (1) First, to the Small Business Administration on behalf of
        the eligible homeowner for the purpose of reducing, but not below
        zero, the homeowner's outstanding debt obligation to the Small
        Business Administration for the disaster loan; and
            (2) Second, any remaining reimbursement shall be paid directly
        to the homeowner.
        Sec. 567.  None of the funds made available under this Act or any
    prior appropriations Act may be provided to the Association of
    Community Organizations for Reform Now (ACORN), or any of its
    affiliates, subsidiaries, or allied organizations.
        Sec. 568.  The Commissioner of U.S. Customs and Border Protection
    and the Assistant Secretary of Homeland Security for U.S. Immigration
    and Customs Enforcement each shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives with the
    congressional budget justification, a multi-year investment and
    management plan, to include each year starting with the current fiscal
    year and the 3 subsequent fiscal years, for their respective Offices of
    Information Technology to include for that office--
            (1) the funding level by source for all funds to be executed;
            (2) the funding included for each project and activity tied to
        mission requirements, program management capabilities, performance
        levels, and specific capabilities and services to be delivered;
            (3) the total estimated cost and projected timeline of
        completion for all multi-year enhancements, modernizations, and new
        capabilities proposed in the current fiscal year or underway; and
            (4) a detailed accounting of operation and maintenance costs.
        Sec. 569.  The Secretary of Homeland Security shall ensure
    enforcement of immigration laws (as defined in section 101(a)(17) of
    the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).

                                 (rescissions)

        Sec. 570.  Of the funds transferred to the Department of Homeland
    Security when it was created in 2003, the following funds are hereby
    rescinded from the following accounts and programs in the specified
    amounts:
            (1) $2,577,000 from Coast Guard ``Acquisition, Construction,
        and Improvements'';
            (2) $5,355,296 from U.S. Immigration and Customs Enforcement
        ``Salaries and Expenses'';
            (3) $99,012 from U.S. Immigration and Customs Enforcement
        ``Violent Crime Reduction Programs'';
            (4) $3,332,541 from U.S. Customs and Border Protection
        ``Salaries and Expenses'';
            (5) $3,121,248 from Department of Homeland Security ``Office
        for Domestic Preparedness'';
            (6) $678,213 from Federal Emergency Management Agency
        ``National Predisaster Mitigation Fund'';
            (7) $5,201,000 from ``Working Capital Fund'';
            (8) $95,998 from ``Counterterrorism Fund'';
            (9) $41,091 from U.S. Customs and Border Protection ``Violent
        Crime Reduction Fund''; and
            (10) $153,095 from U.S. Immigration and Customs Enforcement
        ``Violent Crime Reduction Trust Fund''.

                                 (rescissions)

        Sec. 571.  The following unobligated balances made available to the
    Department of Homeland Security pursuant to section 505 of Department
    of Homeland Security Appropriations Act, 2011 (Public Law 112-10; 125
    Stat. 147) are rescinded:
            (1) $178,783 from ``Analysis and Operations'';
            (2) $1,619,907 from U.S. Customs and Border Protection
        ``Salaries and Expenses'';
            (3) $296,022 from Transportation Security Administration
        ``Federal Air Marshals'';
            (4) $37,800,412 from Coast Guard ``Operating Expenses'';
            (5) $879,153 from Coast Guard ``Acquisition, Construction, and
        Improvements'';
            (6) $1,104,347 from United States Secret Service ``Salaries and
        Expenses'';
            (7) $97,046 from National Protection and Programs Directorate
        ``Management and Administration'';
            (8) $78,764 from National Protection and Programs Directorate
        ``Infrastructure Protection and Information Security'';
            (9) $117,133 from Office of Health Affairs ``Salaries and
        Expenses'';
            (10) $1,301,581 from ``United States Citizenship and
        Immigration Services'';
            (11) $369,032 from Federal Law Enforcement Training Center
        ``Salaries and Expenses'';
            (12) $279,098 from Science and Technology ``Management and
        Administration'';
            (13) $1,072,938 from Domestic Nuclear Detection Office
        ``Management and Administration''; and
            (14) $216,744 from Federal Emergency Management Agency
        ``Management and Administration''.

                                 (rescissions)

        Sec. 572.  Of the funds appropriated to the Department of Homeland
    Security, the following unobligated balances are hereby rescinded from
    the following accounts and programs in the specified amounts:
            (1) $10,000,000 from U.S. Immigration and Customs Enforcement
        ``Salaries and Expenses'';
            (2) $10,000,000 from U.S. Immigration and Customs Enforcement
        ``Automation Modernization'';
            (3) $5,000,000 from U.S. Customs and Border Protection
        ``Automation Modernization'':  Provided, That no funds shall be
        rescinded from prior year appropriations provided for the TECS
        modernization program;
            (4) $71,300,000 from Transportation Security Administration
        ``Aviation Security'' account 70x0550;
            (5) $7,000,000 from U.S. Customs and Border Protection ``Border
        Security Fencing, Infrastructure, and Technology'';
            (6) $2,427,336 from Coast Guard ``Acquisition, Construction,
        and Improvements'';
            (7) $5,000,000 from the ``Office of the Chief Information
        Officer'' related to Emerge2; and
            (8) $27,400,000 from National Protection and Programs
        Directorate ``United States Visitor and Immigrant Indicator
        Technology''.
        Sec. 573.  Sections 1309(a) and 1319 of the National Flood
    Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) are each amended by
    striking ``September 30, 2011'' and inserting ``the earlier of the date
    of the enactment into law of an Act that specifically amends the date
    specified in this section or May 31, 2012''.
         This division may be cited as the ``Department of Homeland
    Security Appropriations Act, 2012''.

       DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2012

                                    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)), $961,900,000, to
    remain available until expended; of which $3,000,000 shall be available
    in fiscal year 2012 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, $32,500,000 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, $39,696,000 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 2012 so as to result in
    a final appropriation estimated at not more than $961,900,000, 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, $3,576,000, 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, $22,380,000, 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;
    $112,043,000, 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 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. 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 Public Law 90-620 (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.

                    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, $1,228,142,000, to remain
    available until September 30, 2013 except as otherwise provided herein:
     Provided, That not to exceed $20,902,000 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 $7,472,000
    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 any activity
    regarding petitions to list species that are indigenous to the United
    States pursuant to subsections (b)(3)(A) and (b)(3)(B); and, 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 2012 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:  Provided further, That in fiscal year 2012 and hereafter,
    of the amount provided for environmental contaminants, up to $1,000,000
    may remain available until expended for contaminant sample analyses.

                                  construction

        For construction, improvement, acquisition, or removal of buildings
    and other facilities required in the conservation, management,
    investigation, protection, and utilization of fish and wildlife
    resources, and the acquisition of lands and interests therein;
    $23,088,000, 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, $54,720,000, 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, as amended (16 U.S.C. 1531 et seq.), $47,757,000,
    to remain available until expended, of which $22,757,000 is to be
    derived from the Cooperative Endangered Species Conservation Fund; and
    of which $25,000,000 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), $13,980,000.

                   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 et
    seq.), $35,554,000, 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.), $3,792,000, 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 et seq.), the Asian Elephant
    Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
    Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
    Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
    Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $9,481,000,
    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, $61,421,000, to remain available
    until expended:  Provided, That of the amount provided herein,
    $4,275,000 is for a competitive grant program for Indian tribes not
    subject to the remaining provisions of this appropriation:  Provided
    further, That $5,741,000 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 $10,016,000 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 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 65 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 2012 to any State, territory,
    or other jurisdiction that remains unobligated as of September 30,
    2013, shall be reapportioned, together with funds appropriated in 2014,
    in the manner provided herein.

                           administrative provisions

        The United States 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 and for the general administration of the National Park
    Service, $2,240,152,000, of which $9,832,000 for planning and
    interagency coordination in support of Everglades restoration and
    $97,883,000 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, 2013.

                      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, and
    grant administration, not otherwise provided for, $59,975,000:
    Provided, That section 502(c) of the Chesapeake Bay Initiative Act of
    1998 (16 U.S.C. 461 note; Public Law 105-312) is amended by striking
    ``2011'' and inserting ``2013''.

                           historic preservation fund

        For expenses necessary in carrying out the National Historic
    Preservation Act (16 U.S.C. 470), and the Omnibus Parks and Public
    Lands Management Act of 1996 (Public Law 104-333), $56,000,000, to be
    derived from the Historic Preservation Fund and to remain available
    until September 30, 2013.

                                  construction

                        (including rescission of funds)

        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 (16
    U.S.C. 410r-8), $159,621,000, to remain available until expended:
    Provided, That notwithstanding any other provision of law, a single
    procurement for the project to repair damage to the Washington Monument
    may be issued that includes the full scope 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.
        From funds previously made available under this heading, $4,000,000
    are rescinded.

                        land and water conservation fund

                                  (rescission)

        The contract authority provided for fiscal year 2012 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, $102,060,000, to be derived from the Land
    and Water Conservation Fund and to remain available until expended, of
    which $45,000,000 is for the State assistance program and of which
    $9,000,000 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).

                           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; $1,069,744,000,
    to remain available until September 30, 2013; of which $51,569,700
    shall remain available until expended for satellite operations; and of
    which $7,292,000 shall be available until expended for deferred
    maintenance and capital improvement projects that exceed $100,000 in
    cost:  Provided, That none of the funds provided for the ecosystem
    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 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 section 6302 of title 31, United States Code:
    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

                            ocean energy management

        For expenses necessary for granting leases, easements, rights-of-
    way and agreements for use for oil and gas, other minerals, energy, and
    marine-related purposes on the Outer Continental Shelf and approving
    operations related thereto, as authorized by law; for environmental
    studies, as authorized by law; for implementing other laws to the
    extent provided by Presidential or Secretarial delegation; and for
    matching grants or cooperative agreements, $59,792,000, to remain
    available until September 30, 2013; and an amount not to exceed
    $101,082,000, 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, that are collected and
    disbursed by the Secretary, and from cost recovery fees from activities
    conducted by the Bureau of Ocean Energy Management pursuant to the
    Outer Continental Shelf Lands Act, including studies, assessments,
    analysis, and miscellaneous administrative activities:  Provided, That
    notwithstanding 31 U.S.C. 3302, in fiscal year 2012, 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 $101,082,000 in
    addition to receipts are not realized from the sources of receipts
    stated above, the amount needed to reach $101,082,000 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 2012 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 or
    rental revenues that would have been collected by the Secretary 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.

                 Bureau of Safety and Environmental Enforcement

                 offshore safety and environmental enforcement

        For expenses necessary for the regulation of operations related to
    leases, easements, rights-of-way and agreements for use for oil and
    gas, other minerals, energy, and marine-related purposes on the Outer
    Continental Shelf, as authorized by law; for enforcing and implementing
    laws and regulations as authorized by law and to the extent provided by
    Presidential or Secretarial delegation; and for matching grants or
    cooperative agreements, $61,473,000, to remain available until
    September 30, 2013; and an amount not to exceed $59,081,000 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, that are collected and disbursed by the Secretary,
    from cost recovery fees from activities conducted by the Bureau of
    Safety and Environmental Enforcement pursuant to the Outer Continental
    Shelf Lands Act, including studies, assessments, analysis, and
    miscellaneous administrative activities:  Provided, That
    notwithstanding 31 U.S.C. 3302, in fiscal year 2012, 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 $59,081,000 in addition
    to receipts are not realized from the sources of receipts stated above,
    the amount needed to reach $59,081,000 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 2012 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 by the Secretary at the rental
    rates in effect before August 5, 1993.
        For an additional amount, $62,000,000, to remain available until
    expended, which shall be derived from non-refundable inspection fees
    collected in fiscal year 2012, as provided in this Act:  Provided, That
    to the extent that such amounts are not realized from such fees, the
    amount needed to reach $62,000,000 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 the extent that amounts realized from such fees exceed
    $62,000,000, the amounts realized in excess of $62,000,000 shall be
    credited to this appropriation and remain available until expended:
    Provided further, That for fiscal year 2012, not less than 50 percent
    of the inspection fees collected by the Bureau of Safety and
    Environmental Enforcement will be used to fund personnel and mission-
    related costs to expand capacity and expedite the orderly development,
    subject to environmental safeguards, of the Outer Continental Shelf
    pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
    seq.), including the review of applications for permits to drill.

                               oil spill research

        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, $14,923,000, which shall be derived from
    the Oil Spill Liability Trust Fund, to remain available until expended.

              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, $122,950,000, to remain available until September 30, 2013:
    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:  Provided
    further, That, in fiscal year 2012, up to $40,000 collected by the
    Office of Surface Mining from permit fees pursuant to section 507 of
    Public Law 95-87 (30 U.S.C. 1257) shall be credited to this account as
    discretionary offsetting collections, to remain available until
    expended:  Provided further, That the sum herein appropriated shall be
    reduced as collections are received during the fiscal year so as to
    result in a final fiscal year 2012 appropriation estimated at not more
    than $122,910,000:  Provided further, That, in subsequent fiscal years,
    all amounts collected by the Office of Surface Mining from permit fees
    pursuant to section 507 of Public Law 95-87 (30 U.S.C. 1257) shall be
    credited to this account as discretionary offsetting collections, to
    remain available until expended.

                        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,
    $27,443,000, 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, $2,371,532,000, to remain
    available until September 30, 2013 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; 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 $219,560,000 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 2012, 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 $590,484,000 for
    school operations costs of Bureau-funded schools and other education
    programs shall become available on July 1, 2012, and shall remain
    available until September 30, 2013; and of which not to exceed
    $48,049,000 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 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 $46,327,000 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 2011 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, 2011, of Bureau-funded schools:  Provided
    further, That any forestry funds allocated to a tribe which remain
    unobligated as of September 30, 2013, may be transferred during fiscal
    year 2014 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, 2014:  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, $123,828,000, 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 2012, 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, and 111-11, and for
    implementation of other land and water rights settlements, $32,855,000,
    to remain available until expended.

                     indian guaranteed loan program account

        For the cost of guaranteed loans and insured loans, $7,114,000, of
    which $964,000 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
    $73,365,796.

                           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, except that any school or school program that was
    closed and removed from the Bureau school system between 1951 and 1972,
    and its respective tribe's relationship with the Federal Government was
    terminated, shall be reinstated to the Bureau system and supported at a
    level based on its grade structure and average student enrollment for
    the 2009-2010, 2010-2011 and 2011-2012 school years. 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 1141 of
    the Education Amendments of 1978 (25 U.S.C. 2021)), 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 school's 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

                            departmental operations

        For necessary expenses for management of the Department of the
    Interior, including the collection and disbursement of royalties, fees,
    and other mineral revenue proceeds, as authorized by law, $262,317,000,
    to remain available until September 30, 2013; 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
    $12,712,000 for the Office of Valuation Services is to be derived from
    the Land and Water Conservation Fund and shall remain available until
    expended; and of which $38,300,000 shall remain available until
    expended for the purpose of mineral revenue management activities:
    Provided, That, for 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 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 Secretary concurred
    with the claimed refund due, to pay amounts owed to Indian allottees or
    tribes, or to correct prior unrecoverable erroneous payments:  Provided
    further, That, 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
    2012 and deposit the amount deducted to miscellaneous receipts of the
    Treasury.

                                Insular Affairs

                           assistance to territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior and other jurisdictions
    identified in section 104(e) of Public Law 108-188, $87,997,000, of
    which: (1) $78,517,000 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) $9,480,000 shall be
    available until September 30, 2013 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 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, $3,318,000, to remain available
    until expended, as provided for in sections 221(a)(2) 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, $66,296,000.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General,
    $49,471,000.

               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,
    $152,319,000, to remain available until expended, of which not to
    exceed $31,171,000 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 2012, 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 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, $566,495,000, 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 heading
    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 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 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 funds appropriated under this
    heading shall be available for assistance to or through the Department
    of State in connection with forest and rangeland research, technical
    information, and assistance in foreign countries, and, with the
    concurrence of the Secretary of State, shall be available to support
    forestry, wildland fire management, 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:
    Provided further, That before obligating any of the funds provided
    herein for wildland fire suppression, the Secretary of the Interior
    shall obligate all unobligated balances previously made available under
    this heading that, when appropriated, 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
    and notify the Committees on Appropriations of the House of
    Representatives and the Senate in writing of the imminent need to begin
    obligating funds provided herein for wildland fire suppression:
    Provided further, That of the funds made available under this heading
    for wildland fire suppression in fiscal year 2011, $82,000,000 are
    rescinded.

                    flame wildfire suppression reserve fund

                         (including transfer of funds)

        For necessary expenses for large fire suppression operations of the
    Department of the Interior and as a reserve fund for suppression and
    Federal emergency response activities, $92,000,000, to remain available
    until expended:  Provided, That such amounts are available only for
    transfer to the ``Wildland Fire Management'' account and only following
    a declaration by the Secretary that either (1) a wildland fire
    suppression event meets certain previously established risk-based
    written criteria for significant complexity, severity, or threat posed
    by the fire or (2) funds in the ``Wildland Fire Management'' account
    will be exhausted within 30 days.

                        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.), $10,149,000, 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.), $6,263,000, to remain
    available until expended.

                              working capital fund

        For the acquisition of a departmental financial and business
    management system, information technology improvements of general
    benefit to the Department, strengthening the Department's acquisition
    workforce capacity and capabilities, and consolidation of facilities
    and operations throughout the Department, $62,019,000, to remain
    available until expended:  Provided, That such funds shall be available
    for training, recruitment, retention, and hiring 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
    none of the funds appropriated 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 of Representatives and Senate Committees on
    Appropriations:  Provided further, That 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 section 3306(a) of title 40,
    United States Code) at the prevailing rate for similar space,
    facilities, equipment, or services in the vicinity of the National
    Indian Program Training Center:  Provided further, That 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.

                            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 or
    releases of hazardous substances into the environment; 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 417(b) of Public Law
    106-224 (7 U.S.C. 7717(b)); 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 section
    3109 of title 5, United States Code, 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
    2012. Under circumstances of dual enrollment, overlapping service areas
    or inaccurate distribution methodologies, the 10 percent limitation
    does not apply.

                                payment of fees

        Sec. 106.  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 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.

                        everglades ecosystem restoration

        Sec. 107.  This and any subsequent fiscal year, the National Park
    Service is authorized to implement modifications to the Tamiami Trail
    as described in, and in accordance with, the preferred alternative
    identified in the final environmental impact statement noticed in the
    Federal Register on December 14, 2010, (75 Fed. Reg. 77896), relating
    to restoration efforts of the Everglades ecosystem.

                     ellis, governors, and liberty islands

        Sec. 108.  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.

                    outer continental shelf inspection fees

        Sec. 109. (a) In fiscal year 2012, the Secretary shall collect a
    nonrefundable inspection fee, which shall be deposited in the ``Ocean
    Energy Management'' account, from the designated operator for
    facilities subject to inspection under 43 U.S.C. 1348(c).
        (b) Annual fees shall be collected for facilities that are above
    the waterline, excluding drilling rigs, and are in place at the start
    of the fiscal year. Fees for fiscal year 2012 shall be:
            (1) $10,500 for facilities with no wells, but with processing
        equipment or gathering lines;
            (2) $17,000 for facilities with 1 to 10 wells, with any
        combination of active or inactive wells; and
            (3) $31,500 for facilities with more than 10 wells, with any
        combination of active or inactive wells.
        (c) Fees for drilling rigs shall be assessed for all inspections
    completed in fiscal year 2012. Fees for fiscal year 2012 shall be:
            (1) $30,500 per inspection for rigs operating in water depths
        of 500 feet or more; and
            (2) $16,700 per inspection for rigs operating in water depths
        of less than 500 feet.
        (d) The Secretary shall bill designated operators under subsection
    (b) within 60 days, with payment required within 30 days of billing.
    The Secretary shall bill designated operators under subsection (c)
    within 30 days of the end of the month in which the inspection
    occurred, with payment required within 30 days of billing.

                      oil and gas leasing internet program

        Sec. 110.  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. 111.  Section 108 of Public Law 109-54 (the Department of the
    Interior, Environment, and Related Agencies Appropriations Act, 2006)
    is amended by striking ``in 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''.

         bureau of ocean energy management, regulation and enforcement
                                 reorganization

        Sec. 112.  The Secretary of the Interior, in order to implement a
    reorganization of the Bureau of Ocean Energy Management, Regulation and
    Enforcement, may establish accounts and transfer funds among and
    between the offices and bureaus affected by the reorganization only in
    conformance with the reprogramming guidelines described in the report
    accompanying this Act.

                    authorized use of indian education funds

        Sec. 113.  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 the Bureau of Indian Education 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.

      contracts and agreements for wild horse and burro holding facilities

        Sec. 114. (a) Notwithstanding any other provision of this Act, 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 free roaming 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.
        (b) During fiscal year 2012 and subsequent fiscal years, in
    carrying out work involving cooperation with any State or political
    subdivision thereof, the Bureau of Land Management may record
    obligations against accounts receivable from any such entities.

                  bureau of indian education operated schools

        Sec. 115. (a)(1) Notwithstanding any other provision of law or
    Federal regulation, including 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) Notwithstanding any provision of title 5, United States Code,
    or any regulation promulgated under such title, education personnel who
    are under the direction and supervision of the Secretary of the
    Interior may participate in a fundraising activity for the benefit of a
    Bureau-operated school in an official capacity as part of their
    official duties. When participating in such an official capacity, the
    employee may use the employee's official title, position, and
    authority. Nothing in this subsection shall be construed to authorize
    participation in political activity (as such term is used in section
    7324 of title 5, United States Code) otherwise prohibited by law.
        (c) 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) standards for the appropriate use of Bureau-operated school
        lands and facilities by third parties under a rental or lease
        agreement;
            (2) 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);
            (3) accountability standards to ensure ethical conduct; and
            (4) 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.
        (d) Provisions of this section shall apply to fiscal years 2012
    through 2014.

                            authorized use of funds

        Sec. 116.  Section 3006 of Public Law 111-212 is amended by
    striking ``For fiscal years 2010 and 2011'' and inserting ``For fiscal
    years 2010 through 2012''.

                           mass marking of salmonids

        Sec. 117.  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.

                          prohibition on use of funds

        Sec. 118. (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.

                        yukon-charley national preserve

        Sec. 119.  None of the funds made available by this Act may be used
    by the Secretary of the Interior to implement or enforce regulations
    concerning boating within Yukon-Charley National Preserve, including
    waters subject to the jurisdiction of the United States, pursuant to
    section 3(h) of Public Law 91-383 (16 U.S.C. 1a-2(h)) or any other
    authority. This section does not affect the authority of the Coast
    Guard to regulate the use of waters subject to the jurisdiction of the
    United States within the Yukon-Charley National Preserve.

                               republic of palau

        Sec. 120. (a) In General.--Subject to subsection (c), the United
    States Government, through the Secretary of the Interior shall provide
    to the Government of Palau for fiscal year 2012 grants in amounts equal
    to the annual amounts specified in subsections (a), (c), and (d) of
    section 211 of the Compact of Free Association between the Government
    of the United States of America and the Government of Palau (48 U.S.C.
    1931 note) (referred to in this section as the ``Compact'').
        (b) Programmatic Assistance.--Subject to subsection (c), the United
    States shall provide programmatic assistance to the Republic of Palau
    for fiscal year 2012 in amounts equal to the amounts provided in
    subsections (a) and (b)(1) of section 221 of the Compact.
        (c) Limitations on Assistance.--
            (1) In general.--The grants and programmatic assistance
        provided under subsections (a) and (b) shall be provided to the
        same extent and in the same manner as the grants and assistance
        were provided in fiscal year 2009.
            (2) Trust fund.--If the Government of Palau withdraws more than
        $5,000,000 from the trust fund established under section 211(f) of
        the Compact, amounts to be provided under subsections (a) and (b)
        shall be withheld from the Government of Palau.

                               hiring authorities

        Sec. 121. (a) Direct Hire Authority.--
            (1) During fiscal year 2012 and thereafter, the Secretary of
        the Interior may appoint, without regard to the provisions of
        subchapter I of chapter 33 of title 5, United States Code, other
        than sections 3303 and 3328 of such title, a qualified candidate
        described in paragraph (1) directly to a position with a land
        managing agency of the Department of the Interior for which the
        candidate meets Office of Personnel Management qualification
        standards.
            (2) Paragraph (1) applies with respect to a former resource
        assistant (as defined in section 203 of the Public Land Corps Act
        (16 U.S.C. 1722)) who--
                (A) completed a rigorous undergraduate or graduate summer
            internship with a land managing agency, such as the National
            Park Service Business Plan Internship;
                (B) successfully fulfilled the requirements of the
            internship program; and
                (C) subsequently earned an undergraduate or graduate degree
            from an accredited institution of higher education.
            (3) The direct hire authority under this subsection may not be
        exercised with respect to a specific qualified candidate after the
        end of the two-year period beginning on the date on which the
        candidate completed the undergraduate or graduate degree, as the
        case may be.
        (b) Local Hire Authority.--Section 1308 of the Alaska National
    Interest Lands Conservation Act of 1980 (16 U.S.C. 3198) is amended--
            (1) in subsection (a), by striking ``establish a program'' and
        inserting ``establish an excepted service appointment authority,'';
            (2) in subsection (b), by striking ``competitive service as
        defined in section 2102 of such title for which such person is
        eligible under subchapter I of chapter 33 of such title, in
        selection to such position'' and inserting ``excepted service as
        defined in section 2103 of such title'';
            (3) in subsection (e), by redesignating paragraph (2) as
        paragraph (3) and inserting after paragraph (1) the following new
        paragraph (2):
            ``(2) Conversion to competitive service.--Employees who
        satisfactorily complete two years of continuous service in a
        permanent appointment made under subsection (a) and who meet
        satisfactory performance and competitive service qualification
        requirements shall have their appointment converted to competitive
        service career-conditional or career employment as appropriate.
        This paragraph applies to individuals appointed on or after March
        30, 2009. An employee who does not meet competitive service
        qualification requirements after two years of continuous service in
        an appointment made under subsection (a) shall be converted upon
        meeting such qualification requirements. Temporary and time-limited
        appointments will be made in the excepted service. There is no
        provision for conversion to competitive service when appointments
        are time-limited.''.
        (c) Gulf of Mexico Region.--For fiscal years 2012 and 2013, funds
    made available in this title for the Bureau of Ocean Energy Management
    and the Bureau of Safety and Environmental Enforcement may be used by
    the Secretary of the Interior to establish higher minimum rates of
    basic pay for employees of the Department of the Interior in the Gulf
    of Mexico Region in the Geophysicist (GS-1313), Geologist (GS-1350),
    and Petroleum Engineer (GS-0881) job series at grades 5 through 15 at
    rates no greater than 25 percent above the minimum rates of basic pay
    normally scheduled, and such higher rates shall be consistent with the
    subsections (e) through (h) of section 5305 of title 5, United States
    Code.

      bureau of land management actions regarding grazing on public lands

        Sec. 122. (a) Exhaustion of Administrative Review Required.--
            (1) For fiscal years 2012 and 2013 only, a person may bring a
        civil action challenging a decision of the Bureau of Land
        Management concerning grazing on public lands (as defined in
        section 103(e) of the Federal Land Policy and Management Act of
        1976 (43 U.S.C. 1702(e))) in a Federal district court only if the
        person has exhausted the administrative hearings and appeals
        procedures established by the Department of the Interior, including
        having filed a timely appeal and a request for stay.
            (2) An issue may be considered in the judicial review of a
        decision referred to in paragraph (1) only if the issue was raised
        in the administrative review process described in such paragraph.
            (3) An exception to the requirement of exhausting the
        administrative review process before seeking judicial review shall
        be available if a Federal court finds that the agency failed or was
        unable to make information timely available during the
        administrative review process for issues of material fact. For the
        purposes of this paragraph, the term ``timely'' means within 120
        calendar days after the date that the challenge to the agency
        action or amendment at issue is received for administrative review.
        (b) Acceptance of Donation of Certain Existing Permits or Leases.--
            (1) During fiscal year 2012 and thereafter, the Secretary of
        the Interior shall accept the donation of any valid existing
        permits or leases authorizing grazing on public lands within the
        California Desert Conservation Area. With respect to each permit or
        lease donated under this paragraph, the Secretary shall terminate
        the grazing permit or lease, ensure a permanent end (except as
        provided in paragraph (2)), to grazing on the land covered by the
        permit or lease, and make the land available for mitigation by
        allocating the forage to wildlife use consistent with any
        applicable Habitat Conservation Plan, section 10(a)(1)(B) permit,
        or section 7 consultation under the Endangered Species Act of 1973
        (16 U.S.C. 1531 et seq.).
            (2) If the land covered by a permit or lease donated under
        paragraph (1) is also covered by another valid existing permit or
        lease that is not donated under such paragraph, the Secretary of
        the Interior shall reduce the authorized grazing level on the land
        covered by the permit or lease to reflect the donation of the
        permit or lease under paragraph (1). To ensure that there is a
        permanent reduction in the level of grazing on the land covered by
        a permit or lease donated under paragraph (1), the Secretary shall
        not allow grazing use to exceed the authorized level under the
        remaining valid existing permit or lease that is not donated.

                      trailing livestock over public land

        Sec. 123.  During fiscal years 2012 through 2013 only, the Bureau
    of Land Management may, at its sole discretion, review planning and
    implementation decisions regarding the trailing of livestock across
    public lands, including, but not limited to, issuance of crossing or
    trailing authorizations or permits, under the National Environmental
    Policy Act of 1969 (42 U.S.C. 4321 et seq.). Temporary trailing or
    crossing authorizations across public lands shall not be subject to
    protest and/or appeal under subpart E of part 4 of title 43, Code of
    Federal Regulations, and subpart 4160 of part 4100 of such title.

                               lease authorization

        Sec. 124. (a) In General.--The Secretary of the Interior (referred
    to in this section as the ``Secretary'') may lease to the Savannah Bar
    Pilots Association, or a successor organization, no more than 30,000
    square feet of land and improvements within Fort Pulaski National
    Monument (referred to in this section as the ``Monument'') at the
    location on Cockspur Island that has been used continuously by the
    Savannah Bar Pilots Association since 1940.
        (b) Rental Fee and Proceeds.--
            (1) Rental fee.--For the lease authorized by this Act, the
        Secretary shall require a rental fee based on fair market value
        adjusted, as the Secretary deems appropriate, for amounts to be
        expended by the lessee for property preservation, maintenance, or
        repair and related expenses.
            (2) Proceeds.--Disposition of the proceeds from the rental fee
        required pursuant to paragraph (1) shall be made in accordance with
        section 3(k)(5) of Public Law 91-383 (16 U.S.C. 1a-2(k)(5)).
        (c) Terms and Conditions.--A lease entered into under this
    section--
            (1) shall be for a term of no more than 10 years and, at the
        Secretary's discretion, for successive terms of no more than 10
        years at a time; and
            (2) shall include any terms and conditions the Secretary
        determines to be necessary to protect the resources of the Monument
        and the public interest.
        (d) Exemption From Applicable Law.--Except as provided in section
    2(b)(2) of this Act, the lease authorized by this Act shall not be
    subject to section 3(k) of Public Law 91-383 (16 U.S.C. 1a-2(k)) or
    section 321 of Act of June 30, 1932 (40 U.S.C. 1302).

                         wild lands funding prohibition

        Sec. 125.  None of the funds made available in this Act or any
    other Act may be used to implement, administer, or enforce Secretarial
    Order No. 3310 issued by the Secretary of the Interior on December 22,
    2010:  Provided, That nothing in this section shall restrict the
    Secretary's authorities under sections 201 and 202 of the Federal Land
    Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712).

                                    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, $795,000,000, to remain available until September 30,
    2013.

                     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 $19,000 for official reception and
    representation expenses, $2,682,514,000, to remain available until
    September 30, 2013:  Provided, That of the funds included under this
    heading, not less than $410,375,000 shall be for 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, $42,000,000, to remain available until September 30, 2013.

                            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, $36,428,000, 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) $1,215,753,000, to remain available until expended, consisting of
    such sums as are available in the Trust Fund on September 30, 2011, as
    authorized by section 517(a) of the Superfund Amendments and
    Reauthorization Act of 1986 (SARA) and up to $1,215,753,000 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,
    $9,955,000 shall be paid to the ``Office of Inspector General''
    appropriation to remain available until September 30, 2013, and
    $23,016,000 shall be paid to the ``Science and Technology''
    appropriation to remain available until September 30, 2013.

              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, $104,309,000, to remain available until
    expended, of which $73,809,000 shall be for carrying out leaking
    underground storage tank cleanup activities authorized by section
    9003(h) of the Solid Waste Disposal Act, as amended; $30,500,000 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.

                           Inland Oil Spill Programs

        For expenses necessary to carry out the Environmental Protection
    Agency's responsibilities under the Oil Pollution Act of 1990,
    $18,274,000, 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, $3,618,727,000, to remain available until expended,
    of which $1,468,806,000 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
    $919,363,000 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 2012, to the
    extent there are sufficient eligible project applications, not less
    than 10 percent of the funds made available under this title to each
    State for Clean 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:  Provided further, That for fiscal year 2012,
    funds made available under this title to each State for Drinking Water
    State Revolving Fund capitalization grants may, at the discretion of
    each State, be used for projects to address green infrastructure, water
    or energy efficiency improvements, or other environmentally innovative
    activities; $5,000,000 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; $10,000,000 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; $95,000,000 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;
    $30,000,000 shall be for grants under title VII, subtitle G of the
    Energy Policy Act of 2005, as amended; and $1,090,558,000 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 $49,396,000 shall be for carrying out section
    128 of CERCLA, as amended, $9,980,000 shall be for Environmental
    Information Exchange Network grants, including associated program
    support costs, $18,463,000 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, $1,550,000
    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 2012 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 2012,
    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 2012, 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 2012, 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 2012, 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 20 percent but not more 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 20 percent but
    not more 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 or 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 2012 and hereafter, the Administrator may
    transfer funds provided for tribal set-asides through funds
    appropriated for the Clean Water State Revolving Funds and for the
    Drinking Water State Revolving Funds between those accounts in such
    manner as the Administrator deems appropriate, but not to exceed the
    transfer limits given to States under section 302(a) of Public Law 104-
    182.

           Administrative Provisions--Environmental Protection Agency

                  (including transfer and rescission of funds)

        For fiscal year 2012, 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 available to the Administrator of the
    Environmental Protection Agency, $50,000,000 are permanently rescinded:
     Provided, That of these funds, $5,000,000 shall be rescinded from
    unobligated balances within the ``Hazardous Substance Superfund''
    account; $5,000,000 shall be rescinded from unobligated Brownfields
    balances within the ``State and Tribal Assistance Grants'' account;
    $5,000,000 shall be rescinded from unobligated Mexico Border balances
    within the ``State and Tribal Assistance Grants'' account; $5,000,000
    shall be rescinded from unobligated Diesel Emissions Reduction Act
    balances within the ``State and Tribal Assistance Grants'' account;
    $20,000,000 shall be rescinded from unobligated categorical grant
    balances within the ``State and Tribal Assistance Grants'' account; and
    $10,000,000 shall be rescinded from unobligated Clean Water State
    Revolving Funds balances within the ``State and Tribal Assistance
    Grants'' account:  Provided further, 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.
        For fiscal year 2012 and each fiscal year thereafter, 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 2012 and each fiscal year thereafter, 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).
        Notwithstanding section 104 of the Comprehensive Environmental
    Response, Compensation, and Liability Act (42 U.S.C. 9604), the
    Administrator may authorize the expenditure or transfer of up to
    $10,000,000 from any appropriation in this title, in addition to the
    amounts included in the ``Inland Oil Spill Programs'' account, for
    removal activities related to actual oil spills 5 days after notifying
    the House and Senate Committees on Appropriations of the intention to
    expend or transfer such funds:  Provided, That no funds shall be
    expended or transferred under this authority until the Administrator
    determines that amounts made available for expenditure in the ``Inland
    Oil Spill Programs'' account will be exhausted within 30 days:
    Provided further, That such funds shall be replenished to the
    appropriation that was the source of the expenditure or transfer,
    following EPA's receipt of reimbursement from the Oil Spill Liability
    Trust Fund pursuant to the Oil Pollution Act of 1990.

                                   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, $295,773,000, to remain available until expended:
    Provided, That of the funds provided, $64,372,000 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, $253,331,000, to remain
    available until expended, as authorized by law; of which $53,388,000 is
    to be derived from the Land and Water Conservation Fund.

                             national forest system

        For necessary expenses of the Forest Service, not otherwise
    provided for, for management, protection, improvement, and utilization
    of the National Forest System, $1,556,628,000, to remain available
    until expended:  Provided, That of the funds provided, $336,049,000
    shall be for forest products:  Provided further, 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):  Provided further, That of the funds
    provided, up to $68,000,000 is for the Integrated Resource Restoration
    pilot program for Region 1, Region 3 and Region 4:  Provided further,
    That of the funds provided for forest products, up to $44,585,000 may
    be transferred to support the Integrated Resource Restoration pilot
    program in the preceding proviso.

                      capital improvement and maintenance

                         (including transfer of funds)

        For necessary expenses of the Forest Service, not otherwise
    provided for, $394,721,000, to remain available until expended, for
    construction, capital improvement, maintenance and acquisition of
    buildings and other facilities and infrastructure; and for
    construction, reconstruction, decommissioning (including
    decommissioning unauthorized roads not part of the transportation
    system), 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 $45,000,000 shall be designated for urgently needed
    road decommissioning, road and trail repair and maintenance and
    associated activities, and removal of fish passage barriers, especially
    in areas where Forest Service roads may be contributing to water
    quality problems in streams and water bodies which support threatened,
    endangered, or sensitive species or community water sources:  Provided
    further, That funds becoming available in fiscal year 2012 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:
    Provided further, That of the funds provided for decommissioning of
    roads, up to $13,000,000 may be transferred to the ``National Forest
    System'' to support the Integrated Resource Restoration pilot program.

                                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, $52,605,000, 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, $955,000, 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), $45,000, 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),
    $2,577,000, to remain available until expended.

                            wildland fire management

                         (including transfers 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, $1,737,631,000, 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, $7,262,000
    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, $317,584,000 is for hazardous
    fuels reduction activities, $21,734,000 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.), $55,564,000 is for State fire assistance, $6,366,000 is for
    volunteer fire assistance, $15,983,000 is for forest health activities
    on Federal lands and $8,366,000 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 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
    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:  Provided further, That
    no amounts may be cancelled 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 before
    obligating any of the funds provided herein for wildland fire
    suppression, the Secretary of Agriculture shall obligate all
    unobligated balances previously made available under this heading
    (including the unobligated balances transferred to Forest Service
    accounts under this heading by division B of the Consolidated Security,
    Disaster Assistance, and Continuing Appropriations Act, 2009 (Public
    Law 110-329, 122 Stat. 3594)) that, when appropriated, 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 and notify the Committees on Appropriations of the
    House of Representatives and the Senate in writing of the imminent need
    to begin obligating funds provided herein for wildland fire
    suppression:  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 of the funds for hazardous fuels
    reduction, up to $21,000,000 may be transferred to the ``National
    Forest System'' to support the Integrated Resource Restoration pilot
    program.

                    Flame Wildfire Suppression Reserve Fund

                         (including transfers of funds)

        For necessary expenses for large fire suppression operations of the
    Department of Agriculture and as a reserve fund for suppression and
    Federal emergency response activities, $315,886,000, to remain
    available until expended:  Provided, That such amounts are available
    only for transfer to the ``Wildland Fire Management'' account and only
    following a declaration by the Secretary that either (1) a wildland
    fire suppression event meets certain previously established risk-based
    written criteria for significant complexity, severity, or threat posed
    by the fire or (2) funds in the ``Wildland Fire Management'' account
    will be exhausted within 30 days.

                   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).
        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 upon the Secretary's notification of 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'' will be 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 U.S., private,
    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 joint explanatory statement of the managers
    accompanying this Act.
        Not more than $82,000,000 of funds available to the Forest Service
    shall be transferred to the Working Capital Fund of the Department of
    Agriculture and not more than $14,500,000 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. Nothing in this paragraph shall limit
    the Forest Service portion of implementation costs to be paid to the
    Department of Agriculture for the Financial Management Modernization
    Initiative.
        Of the funds available to the Forest Service up to $5,000,000 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 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, up to $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 $300,000 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 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 may 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.
        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, $3,872,377,000, 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 $844,927,000 for contract medical
    care, including $51,500,000 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 notwithstanding any other provision of law, the amounts
    made available within this account for the methamphetamine and suicide
    prevention and treatment initiative and for the domestic violence
    prevention initiative shall be allocated at the discretion of the
    Director of the Indian Health Service and shall remain available until
    expended:  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 $472,193,000 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 2012, 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, $441,052,000, 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:  Provided, That 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:
    Provided further, That 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:  Provided further, That 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:  Provided
    further, That 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:
    Provided further, That 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:  Provided further, That 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:  Provided further, That 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, and 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:
    Provided further, That 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:  Provided further, That 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, $79,054,000.

                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 healthcare 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 104(I)
    of CERCLA during fiscal year 2012, 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, $3,153,000:  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,
    $11,147,000:  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, $7,750,000, 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), $8,533,000.

                            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, $636,530,000, to remain available until September 30, 2013,
    except as otherwise provided herein; of which not to exceed $20,137,000
    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, $175,000,000, to remain available until expended, of which
    not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109,
    and of which $75,000,000 shall be to complete design and begin
    construction of the National Museum of African American History and
    Culture:  Provided, That during fiscal year 2012 and any succeeding
    fiscal year, a single procurement for construction of the National
    Museum of African American History and Culture, as authorized under
    section 8 of the National Museum of African American History and
    Culture Act (20 U.S.C. 80r-6), may be issued that includes 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.

                            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, $114,066,000, of which not to exceed $3,481,000 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, for operating lease
    agreements of no more than 10 years, with no extensions or renewals
    beyond the 10 years, that address space needs created by the ongoing
    renovations in the Master Facilities Plan, as authorized, $14,516,000,
    to remain available until expended:  Provided, 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, $23,200,000.

                         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, $13,650,000, 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,
    $11,005,000, to remain available until September 30, 2013.

               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, $146,255,000 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.

                     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, $146,255,000, to remain available
    until expended, of which $135,500,000 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 $10,755,000 shall be
    available to carry out the matching grants program pursuant to section
    10(a)(2) of the Act including $8,370,000 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 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 grantmaking 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 of the Commission of Fine Arts under Chapter 91 of
    title 40, United States Code, $2,400,000:  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, $2,000,000.

                            administrative provision

        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
    (99 Stat. 1261; 20 U.S.C. 956a) is amended--
            (1) by deleting the last sentence in the second paragraph and
        replacing it with the following: ``Each eligible organization must
        have its principal place of business in the District of Columbia
        and in a facility or facilities located in the District of
        Columbia.''; and
            (2) In the third paragraph, by deleting ``in addition to those
        herein named'' at the end of the sentence.

                   Advisory Council on Historic Preservation

                             salaries and expenses

        For necessary expenses of the Advisory Council on Historic
    Preservation (Public Law 89-665, as amended), $6,108,000.

                      National Capital Planning Commission

                             salaries and expenses

        For necessary expenses of the National Capital Planning Commission
    under chapter 87 of title 40, United States Code, including services as
    authorized by 5 U.S.C. 3109, $8,154,000:  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), $50,798,000, of which
    $515,000 shall remain available until September 30, 2014, for the
    Museum's equipment replacement program; and of which $1,900,000 for the
    Museum's repair and rehabilitation program and $1,264,000 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, $12,000,000 shall be available
    to the Presidio Trust, to remain available until expended.

                    Dwight D. Eisenhower Memorial Commission

                             salaries and expenses

        For necessary expenses, including the costs of construction design,
    of the Dwight D. Eisenhower Memorial Commission, $2,000,000, to remain
    available until expended.

                              capital construction

        For necessary expenses of the Dwight D. Eisenhower Memorial
    Commission for design and construction of a memorial in honor of Dwight
    D. Eisenhower, as authorized by Public Law 106-79, $30,990,000, to
    remain available until expended:  Provided, That beginning in fiscal
    year 2012 and thereafter, any procurement for the construction of the
    permanent memorial to Dwight D. Eisenhower, as authorized by section
    8162 of the Department of Defense Appropriations Act, 2000 (16 U.S.C.
    431 note; Public Law 106-79), as amended by section 8120 of the
    Department of Defense Appropriations Act, 2002 (Public Law 107-117),
    may be issued which includes the full scope of the project:  Provided
    further, That the solicitation and contract with respect to the
    procurement shall contain the ``availability of funds'' clause
    described in section 52.232.18 of title 48, Code of Federal
    Regulations:  Provided further, That the funds appropriated herein
    shall be deemed to satisfy the criteria for issuing a permit contained
    in 40 U.S.C. 8906(a)(4) and (b).

                                    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 of the House of Representatives and
    the Senate. 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 2011.

                              mining applications

        Sec. 407. (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.--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,
    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, 2013, 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 Director
    of 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. 408.  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, 111-88,
    and 112-10 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 2011 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. 409.  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. 410.  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 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.

          amendments to the temporary emergency wildfire suppression act

        Sec. 411. The Temporary Emergency Wildfire Suppression Act (42
    U.S.C. 1856m et seq.) is amended--
            (1) in the first section (42 U.S.C. 1856m note)--
                (A) by striking ``That this'' and inserting the following:
    ``SEC. 1. SHORT TITLE.
        ``This''; and
                (B) by striking ``Temporary'';
            (2) by striking section 2 (42 U.S.C. 1856m) and inserting the
        following:
    ``SEC. 2. DEFINITIONS.
        ``In this Act:
            ``(1) Assume any and all liability.--The term `assume any and
        all liability' means--
                ``(A) the payment of--
                    ``(i) any judgment, settlement, fine, penalty, or cost
                assessment (including prevailing party legal fees)
                associated with the applicable litigation; and
                    ``(ii) any cost incurred in handling the applicable
                litigation (including legal fees); and
                ``(B) with respect to a Federal firefighter, arranging for,
            and paying the costs of, representation in the applicable
            litigation.
            ``(2) Federal firefighter.--The term `Federal firefighter'
        means an individual furnished by the Secretary of Agriculture or
        the Secretary of the Interior under an agreement entered into under
        section 3.
            ``(3) Foreign fire organization.--The term `foreign fire
        organization' means any foreign governmental, public, or private
        entity that has wildfire protection resources.
            ``(4) Foreign firefighter.--The term `foreign firefighter'
        means an individual furnished by a foreign fire organization under
        an agreement entered into under section 3.
            ``(5) Wildfire.--The term `wildfire' means any forest or range
        fire.
            ``(6) Wildfire protection resources.--The term `wildfire
        protection resources' means any personnel, supplies, equipment, or
        other resources required for wildfire presuppression and
        suppression activities.'';
            (3) in section 3 (42 U.S.C. 1856n)--
                (A) in subsection (a)--
                    (i) by striking ``(a)(1) The Secretary of Agriculture''
                and inserting the following:
        ``(a) Exchange of Wildfire Protection Resources Under a Reciprocal
    Agreement With a Foreign Fire Organization.--
            ``(1) Authority to enter into a reciprocal agreement.--The
        Secretary of Agriculture''; and
                    (ii) in paragraph (2), by striking ``(2) Any
                agreement'' and inserting the following:
            ``(2) Requirements for a reciprocal agreement.--Any
        agreement'';
                (B) in subsection (b)--
                    (i) by striking ``(b) In the absence'' and inserting
                the following:
        ``(b) Exchange of Wildfire Protection Resources Without a
    Reciprocal Agreement.--In the absence''; and
                    (ii) in paragraph (1), by striking ``United States,
                and'' and inserting ``United States; and'';
                (C) in subsection (c), by striking ``(c) Notwithstanding''
            and inserting the following:
        ``(c) Reimbursement Under Agreements With Canada.--
    Notwithstanding''; and
                (D) in subsection (d)--
                    (i) by striking, ``(d) Any service'' and inserting the
                following:
        ``(d) Service Performed Under This Act by Federal Employees.--
            ``(1) In general.--Any service''; and
                    (ii) in the second sentence, by striking ``The'' and
                inserting the following:
            ``(2) Effect.--Except as provided in section 4, the'';
            (4) by redesignating section 4 (42 U.S.C. 1856o) as section 5;
            (5) by inserting after section 3 the following:
    ``SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE.
        ``(a) Protection From Liability for Foreign Firefighters and
    Foreign Fire Organizations.--Subject to subsection (b), in an agreement
    with a foreign fire organization entered into under section 3, the
    Secretary of Agriculture and the Secretary of the Interior may provide
    that--
            ``(1) a foreign firefighter shall be considered to be an
        employee of the United States for purposes of tort liability while
        the foreign firefighter is acting within the scope of an official
        duty under the agreement; and
            ``(2) any claim against the foreign fire organization or any
        legal organization associated with the foreign firefighter that
        arises out of an act or omission of the foreign firefighter in the
        performance of an official duty under the agreement, or that arises
        out of any other act, omission, or occurrence for which the foreign
        fire organization or legal organization associated with the foreign
        firefighter is legally responsible under applicable law, may be
        prosecuted only--
                ``(A) against the United States; and
                ``(B) as if the act or omission were the act or omission of
            an employee of the United States.
        ``(b) Protection From Liability for Federal Firefighters and the
    Federal Government.--The Secretary of Agriculture and the Secretary of
    the Interior may provide the protections under subsection (a) if the
    foreign fire organization agrees--
            ``(1) to assume any and all liability for any legal action
        brought against the Federal firefighter for an act or omission of
        the Federal firefighter while acting within the scope of an
        official duty under the agreement; and
            ``(2) to the extent the United States or any legal organization
        associated with the Federal firefighter is not entitled to immunity
        from the jurisdiction of the courts having jurisdiction over the
        foreign fire organization receiving the services of the Federal
        firefighters, to assume any and all liability for any legal action
        brought against the United States or the legal organization arising
        out of--
                ``(A) an act or omission of the Federal firefighter in the
            performance of an official duty under the agreement; or
                ``(B) any other act, omission, or occurrence for which the
            United States or the legal organization associated with the
            Federal firefighter is legally responsible under the laws
            applicable to the foreign fire organization.''; and
            (6) in section 5 (as redesignated by paragraph (4))--
                (A) by striking ``under section 3(c)'' and inserting
            ``under this Act''; and
                (B) in the proviso--
                    (i) by striking ``wildfire protection resources or
                personnel'' each place it appears and inserting ``wildfire
                protection resources (including personnel)'';
                    (ii) by inserting ``for wildfire suppression
                activities'' before ``unless''; and
                    (iii) by striking ``provide wildfire protection'' and
                inserting ``provide wildfire suppression''.

                            contracting authorities

        Sec. 412.  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,
    through fiscal year 2013, 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
    (16 U.S.C. 6612):  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. 413.  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.

                            timber sale requirements

        Sec. 414.  No timber sale in Alaska's Region 10 shall be advertised
    if the indicated rate is deficit (defined as the value of the timber is
    not sufficient to cover all logging and stumpage costs and provide a
    normal profit and risk allowance under the Forest Service's appraisal
    process) when appraised using a residual value appraisal. The western
    red cedar timber from those sales which is surplus to the needs of the
    domestic processors in Alaska, shall be made available to domestic
    processors in the contiguous 48 United States at prevailing domestic
    prices. All additional western red cedar volume not sold to Alaska or
    contiguous 48 United States domestic processors may be exported to
    foreign markets at the election of the timber sale holder. All Alaska
    yellow cedar may be sold at prevailing export prices at the election of
    the timber sale holder.

                          extension of grazing permits

        Sec. 415.  The terms and conditions of section 325 of Public Law
    108-108 (117 Stat. 1307), regarding grazing permits at the Department
    of the Interior and the Forest Service, shall remain in effect for
    fiscal years 2012 and 2013. A grazing permit or lease issued by the
    Secretary of the Interior for lands administered by the Bureau of Land
    Management that is the subject of a request for a grazing preference
    transfer shall be issued, without further processing, for the remaining
    time period in the existing permit or lease using the same mandatory
    terms and conditions. If the authorized officer determines a change in
    the mandatory terms and conditions is required, the new permit must be
    processed as directed in section 325 of Public Law 108-108.

                        prohibition on no-bid contracts

        Sec. 416.  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 Chapter 33 of title 41, United
    States Code, or Chapter 137 of title 10, United States Code, and the
    Federal Acquisition Regulation, 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. 417. (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.

                national endowment for the arts grant guidelines

        Sec. 418.  Of the funds provided to the National Endowment for the
    Arts--
            (1) The Chairperson shall only award a grant to an individual
        if such grant is awarded to such individual for a literature
        fellowship, National Heritage Fellowship, or American Jazz Masters
        Fellowship.
            (2) The Chairperson shall establish procedures to ensure that
        no funding provided through a grant, except a grant made to a State
        or local arts agency, or regional group, may be used to make a
        grant to any other organization or individual to conduct activity
        independent of the direct grant recipient. Nothing in this
        subsection shall prohibit payments made in exchange for goods and
        services.
            (3) No grant shall be used for seasonal support to a group,
        unless the application is specific to the contents of the season,
        including identified programs and/or projects.

               national endowment for the arts program priorities

        Sec. 419. (a) In providing services or awarding financial
    assistance under the National Foundation on the Arts and the Humanities
    Act of 1965 from funds appropriated under this Act, the Chairperson of
    the National Endowment for the Arts shall ensure that priority is given
    to providing services or awarding financial assistance for projects,
    productions, workshops, or programs that serve underserved populations.
        (b) In this section:
            (1) The term ``underserved population'' means a population of
        individuals, including urban minorities, who have historically been
        outside the purview of arts and humanities programs due to factors
        such as a high incidence of income below the poverty line or to
        geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as
        defined by the Office of Management and Budget, and revised
        annually in accordance with section 673(2) of the Community
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
        family of the size involved.
        (c) In providing services and awarding financial assistance under
    the National Foundation on the Arts and Humanities Act of 1965 with
    funds appropriated by this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that will encourage public knowledge, education,
    understanding, and appreciation of the arts.
        (d) With funds appropriated by this Act to carry out section 5 of
    the National Foundation on the Arts and Humanities Act of 1965--
            (1) the Chairperson shall establish a grant category for
        projects, productions, workshops, or programs that are of national
        impact or availability or are able to tour several States;
            (2) the Chairperson shall not make grants exceeding 15 percent,
        in the aggregate, of such funds to any single State, excluding
        grants made under the authority of paragraph (1);
            (3) the Chairperson shall report to the Congress annually and
        by State, on grants awarded by the Chairperson in each grant
        category under section 5 of such Act; and
            (4) the Chairperson shall encourage the use of grants to
        improve and support community-based music performance and
        education.

                         use of competitive grant funds

        Sec. 420.  Section 6(d) of Public Law 96-297 (16 U.S.C. 431 note),
    as added by section 101 of Public Law 108-126, is amended by inserting
    ``, except funds awarded through competitive grants,'' after ``No
    Federal funds''.

              forest service facility realignment and enhancement

        Sec. 421.  Section 503(f) of the Forest Service Realignment and
    Enhancement Act of 2005 (title V of Public Law 109-54; 16 U.S.C. 580d
    note), as amended by section 422(1) of Public Law 111-8 (123 Stat.
    748), is further amended by striking ``2011'' and inserting ``2016''.

                                 service first

        Sec. 422.  Section 330 of the Department of the Interior and
    Related Agencies Appropriations Act, 2001 (Public Law 106-291; 114
    Stat. 996; 43 U.S.C. 1701 note), concerning Service First authorities,
    as amended by section 428 of Public Law 109-54 (119 Stat. 555-556) and
    section 418 of Public Law 111-8 (123 Stat. 747), is amended--
            (1) by striking in the first sentence ``In fiscal years 2001
        through 2011'', and inserting ``In fiscal year 2012 and each fiscal
        year thereafter''; and
            (2) by striking in the first sentence ``pilot programs'' and
        inserting ``programs.''

         federal, state, cooperative forest, range-land and watershed
                              restoration in utah

        Sec. 423.  The authority provided by section 337 of the Department
    of the Interior and Related Agencies Appropriations Act, 2005 (Public
    Law 108-447; 118 Stat. 3012), as amended, shall remain in effect until
    September 30, 2013.

                      status of balances of appropriations

        Sec. 424.  The Department of the Interior, the Environmental
    Protection Agency, the Forest Service, and the Indian Health Service
    shall provide the Committees on Appropriations of the House of
    Representatives and Senate quarterly reports on the status of balances
    of appropriations including all uncommitted, committed, and unobligated
    funds in each program and activity.

                     report on use of climate change funds

        Sec. 425.  Not later than 120 days after the date on which the
    President's fiscal year 2013 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 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.

                          prohibition on use of funds

        Sec. 426.  Notwithstanding any other provision of law, none of the
    funds made available in this Act or any other Act may be used to
    promulgate or implement any regulation requiring the issuance of
    permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
    carbon dioxide, nitrous oxide, water vapor, or methane emissions
    resulting from biological processes associated with livestock
    production.

                     greenhouse gas reporting restrictions

        Sec. 427.  Notwithstanding any other provision of law, none of the
    funds made available in this or any other Act may be used to implement
    any provision in a rule, if that provision requires mandatory reporting
    of greenhouse gas emissions from manure management systems.

                forest service pre-decisional objection process

        Sec. 428.  Hereafter, upon issuance of final regulations, the
    Secretary of Agriculture, acting through the Chief of the Forest
    Service, shall apply section 105(a) of the Healthy Forests Restoration
    Act of 2003 (16 U.S.C. 6515(a)), providing for a pre-decisional
    objection process, to proposed actions of the Forest Service concerning
    projects and activities implementing land and resource management plans
    developed under the Forest and Rangeland Renewable Resources Planning
    Act of 1974 (16 U.S.C. 1600 et seq.), and documented with a Record of
    Decision or Decision Notice, in lieu of subsections (c), (d), and (e)
    of section 322 of Public Law 102-381 (16 U.S.C. 1612 note), providing
    for an administrative appeal process:  Provided, That if the Chief of
    the Forest Service determines an emergency situation exists for which
    immediate implementation of a proposed action is necessary, the
    proposed action shall not be subject to the pre-decisional objection
    process, and implementation shall begin immediately after the Forest
    Service gives notice of the final decision for the proposed action:
    Provided further, That this section shall not apply to an authorized
    hazardous fuel reduction project under title I of the Healthy Forests
    Restoration Act of 2003 (16 U.S.C. 6501 et seq.).

                            silvicultural activities

        Sec. 429.  From the date of enactment of this Act until September
    30, 2012, the Administrator of the Environmental Protection Agency
    shall not require a permit under section 402 of the Federal Water
    Pollution Control Act (33 U.S.C. 1342), nor shall the Administrator
    directly or indirectly require any State to require a permit, for
    discharges of stormwater runoff from roads, the construction, use, or
    maintenance of which are associated with silvicultural activities, or
    from other silvicultural activities involving nursery operations, site
    preparation, reforestation and subsequent cultural treatment, thinning,
    prescribed burning, pest and fire control, harvesting operations, or
    surface drainage.

                        claim maintenance fee amendments

        Sec. 430.  Section 10101 of the Omnibus Budget Reconciliation Act
    of 1993 (30 U.S.C. 28f) is amended--
            (1) in subsection (a)--
                (A) by striking so much as precedes the second sentence and
            inserting the following:
        ``(a) Claim Maintenance Fee.--
            ``(1) Lode mining claims, mill sites, and tunnel sites.--The
        holder of each unpatented lode mining claim, mill site, or tunnel
        site, located pursuant to the mining laws of the United States on
        or after August 10, 1993, shall pay to the Secretary of the
        Interior, on or before September 1 of each year, to the extent
        provided in advance in appropriations Acts, a claim maintenance fee
        of $100 per claim or site, respectively.''; and
                (B) by adding at the end the following:
            ``(2) Placer mining claims.--The holder of each unpatented
        placer mining claim located pursuant to the mining laws of the
        United States located before, on, or after August 10, 1993, shall
        pay to the Secretary of the Interior, on or before September 1 of
        each year, the claim maintenance fee described in subsection (a),
        for each 20 acres of the placer claim or portion thereof.''; and
            (2) in subsection (b), by striking the first sentence and
        inserting the following: ``The claim main tenance fee under
        subsection (a) shall be paid for the year in which the location is
        made, at the time the location notice is recorded with the Bureau
        of Land Management.''.

                           domestic livestock grazing

        Sec. 431. (a) Prohibition Regarding Potential Domestic Sheep and
    Bighorn Sheep Contact on National Forest System Land.--Notwithstanding
    any other provision of law or regulation (other than the Endangered
    Species Act of 1973 and regulations issued under such Act), none of the
    funds made available by this Act or made available by any other Act for
    fiscal year 2012 only may be used to carry out--
            (1) any new management restrictions on domestic sheep on
        parcels of National Forest System land (as defined in the Forest
        and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
        1609(a))) with potential domestic sheep and bighorn sheep (whether
        native or nonnative) contact in excess of the management
        restrictions that existed on July 1, 2011; or
            (2) any other agency regulation for managing bighorn sheep
        populations on any allotment of such National Forest System land if
        the management action will result in a reduction in the number of
        domestic livestock permitted to graze on the allotment or in the
        distribution of livestock on the allotment.
        (b) Exception.--Notwithstanding subsection (a), the Secretary of
    Agriculture may make such management changes as the Secretary
    determines to be necessary to manage bighorn sheep if the management
    changes--
            (1) are consistent with the wildlife plans of the relevant
        State fish and game agency and determined in consultation with that
        agency; and
            (2) are developed in consultation with the affected permittees.
        (c) Bureau of Land Management Lands.--In circumstances involving
    conflicts between bighorn sheep and domestic sheep grazing on public
    lands (as defined in section 103 of the Federal Land Policy and
    Management Act of 1976 (43 U.S.C. 1702)), the Bureau of Land Management
    may only modify or cancel domestic sheep grazing permits after
    consulting with the appropriate State fish and game agency. However, if
    the State in question has an approved State Wildlife Management Plan
    that addresses, with specificity, bighorn sheep management, then the
    Bureau of Land Management modification or cancellation of permits in
    that State shall conform to the bighorn sheep management objectives in
    the State Wildlife Management Plan, unless conformance would be
    inconsistent with Federal statute or regulation. The Bureau of Land
    Management shall be bound by the requirements of this subsection until
    September 30, 2012.
        (d) Voluntary Closure of Allotments.--Nothing in this section shall
    be construed as limiting the voluntary closure of existing domestic
    sheep allotments when the closure is agreed to in writing between the
    permittee and the Secretary of the Interior or the Secretary of
    Agriculture and is carried out for the purpose of reducing conflicts
    between domestic sheep and bighorn sheep.
        (e) Waiver of Grazing Permits and Leases.--The Secretary of the
    Interior and the Secretary of Agriculture may accept the voluntary
    waiver of any valid existing lease or permit authorizing grazing on
    National Forest System land described in subsection (a) or public lands
    described in subsection (c). If the grazing permit or lease for a
    grazing allotment is only partially within the area of potential
    domestic sheep and bighorn sheep contact, the affected permittee may
    elect to waive only the portion of the grazing permit or lease that is
    within that area. The Secretary concerned shall--
            (1) terminate each permit or lease waived or portion of a
        permit or lease waived under this subsection;
            (2) ensure a permanent end to domestic sheep grazing on the
        land covered by the waived permit or lease or waived portion of the
        permit or lease unless or until there is no conflict with bighorn
        sheep management; and
            (3) provide for the reimbursement of range improvements in
        compliance with section 4 of the Act of June 28, 1934 (commonly
        known as the Taylor Grazing Act; 43 U.S.C. 315c).

             air emissions from outer continental shelf activities

        Sec. 432. (a) It is the purpose of this section to ensure that the
    energy policy of the United States focuses on the expeditious and
    orderly development of domestic energy resources in a manner that
    protects human health and the environment.
        (b) Section 328(a)(1) of the Clean Air Act (42 U.S.C. 7627(a)(1))
    is amended--
            (1) in the first sentence, by inserting ``(other than Outer
        Continental Shelf sources located offshore of the North Slope
        Borough of the State of Alaska)'' after ``Outer Continental Shelf
        sources located offshore of the States along the Pacific, Arctic
        and Atlantic Coasts''; and
            (2) in the fourth sentence, by inserting ``and this Act'' after
        ``regulations''.
        (c) Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b)) is
    amended in the first sentence--
            (1) by striking ``Gulf Coast''; and
            (2) by inserting ``or are adjacent to the North Slope Borough
        of the State of Alaska'' after ``Alabama''.
        (d) The transfer of air quality permitting authority pursuant to
    this section shall not invalidate or stay--
            (1) any air quality permit pending or existing as of the date
        of the enactment of this Act; or
            (2) any proceeding related thereto.
        (e)(1) The Comptroller General of the United States shall undertake
    a study on the process for air quality permitting in the Outer
    Continental Shelf.
        (2) The study shall consist of a comparison of air quality
    permitting for Outer Continental Shelf sources (as such term is defined
    in section 328(a)(4) of the Clean Air Act (42 U.S.C. 7627(a)(4)) by the
    Department of the Interior with such permitting by the Environmental
    Protection Agency, taking into account the time elapsed between
    application and permit approval, the number of applications, and the
    experiences and assessments of the applicants.
        (3) In carrying out the study, the Comptroller General shall
    consult with the Administrator of the Environmental Protection Agency,
    the Secretary of the Interior, and applicants for air quality permits.
        (4) The Comptroller General shall complete the study and submit a
    report on the results of the study to the Congress not later than
    September 30, 2014.

                               funding prohibition

        Sec. 433.  None of the funds made available by this Act may be used
    to enter into a contract, memorandum of understanding, or cooperative
    agreement with, make a grant to, or provide a loan or loan guarantee
    to, any corporation that was convicted (or had an officer or agent of
    such corporation acting on behalf of the corporation convicted) of a
    felony criminal violation under any Federal law within the preceding 24
    months, where the awarding agency is aware of the conviction, unless
    the agency has considered suspension or debarment of the corporation,
    or such officer or agent and made a determination that this further
    action is not necessary to protect the interests of the Government.

                 limitation with respect to delinquent tax debts

        Sec. 434.  None of the funds made available by this Act may be used
    to enter into a contract, memorandum of understanding, or cooperative
    agreement with, make a grant to, or provide a loan or loan guarantee
    to, any corporation with respect to which any unpaid Federal tax
    liability that has been assessed, for which all judicial and
    administrative remedies have been exhausted or have lapsed, and that is
    not being paid in a timely manner pursuant to an agreement with the
    authority responsible for collecting the tax liability, where the
    awarding agency is aware of the unpaid tax liability, unless the agency
    has considered suspension or debarment of the corporation and made a
    determination that this further action is not necessary to protect the
    interests of the Government.

                      alaska native regional health entities

        Sec. 435.  (a) Notwithstanding any other provision of law and until
    October 1, 2013, the Indian Health Service may not disburse funds for
    the provision of health care services pursuant to Public Law 93-638 (25
    U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native
    village corporation that is located within the area served by an Alaska
    Native regional health entity.
        (b) Nothing in this section shall be construed to prohibit the
    disbursal of funds to any Alaska Native village or Alaska Native
    village corporation under any contract or compact entered into prior to
    May 1, 2006, or to prohibit the renewal of any such agreement.
        (c) For the purpose of this section, Eastern Aleutian Tribes, Inc.,
    the Council of Athabascan Tribal Governments, and the Native Village of
    Eyak shall be treated as Alaska Native regional health entities to
    which funds may be disbursed under this section.

                               general reduction

        Sec. 436. (a) Across-the-board Rescissions.--There is hereby
    rescinded an amount equal to 0.16 percent of the budget authority
    provided for fiscal year 2012 for any discretionary appropriation in
    titles I through IV of this Act.
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
            (1) to each discretionary account and each item of budget
        authority described in subsection (a); and
            (2) within each such account and item, to each program,
        project, and activity (with programs, projects, and activities as
        delineated in the appropriation Act or accompanying reports for the
        relevant fiscal year covering such account or item, or for accounts
        and items not included in appropriation Acts, as delineated in the
        most recently submitted President's budget).
        (c) Indian Land and Water Claim Settlements.--Under the heading
    ``Bureau of Indian Affairs, Indian Land and Water Claim Settlements and
    Miscellaneous Payments to Indians'', the across-the-board rescission in
    this section, and any subsequent across-the-board rescission for fiscal
    year 2012, shall apply only to the first dollar amount in the paragraph
    and the distribution of the rescission shall be at the discretion of
    the Secretary of the Interior who shall submit a report on such
    distribution and the rationale therefore to the House and Senate
    Committees on Appropriations.
        (d) OMB Report.--Within 30 days after the date of the enactment of
    this section the Director of the Office of Management and Budget shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report specifying the account and
    amount of each rescission made pursuant to this section.
        This division may be cited as the ``Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2012''.

    DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION,
                 AND RELATED AGENCIES APPROPRIATIONS ACT, 2012

                                    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
    (referred to in this Act as ``WIA''), the Second Chance Act of 2007,
    and the Women in Apprenticeship and Non-Traditional Occupations Act of
    1992 (``WANTO''), 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, $3,195,383,000, plus reimbursements,
    shall be available. Of the amounts provided:
            (1) for grants to States for adult employment and training
        activities, youth activities, and dislocated worker employment and
        training activities, $2,605,268,000 as follows:
                (A) $770,922,000 for adult employment and training
            activities, of which $58,922,000 shall be available for the
            period July 1, 2012, through June 30, 2013, and of which
            $712,000,000 shall be available for the period October 1, 2012
            through June 30, 2013;
                (B) $825,914,000 for youth activities, which shall be
            available for the period April 1, 2012 through June 30, 2013;
            and
                (C) $1,008,432,000 for dislocated worker employment and
            training activities, of which $148,432,000 shall be available
            for the period July 1, 2012 through June 30, 2013, and of which
            $860,000,000 shall be available for the period October 1, 2012
            through June 30, 2013:
          Provided, That notwithstanding the transfer limitation under
        section 133(b)(4) of the WIA, up to 30 percent of such funds may be
        transferred by a local board if approved by the Governor:  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
        notwithstanding section 128(a)(1) of the WIA, the amount available
        to the Governor for statewide workforce investment activities shall
        not exceed 5 percent of the amount allotted to the State from each
        of the appropriations under the preceding subparagraphs;
            (2) for federally administered programs, $487,053,000 as
        follows:
                (A) $224,112,000 for the dislocated workers assistance
            national reserve, of which $24,112,000 shall be available for
            the period July 1, 2012 through June 30, 2013, and of which
            $200,000,000 shall be available for the period October 1, 2012
            through June 30, 2013:  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 statewide 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) $47,652,000 for Native American programs, which shall
            be available for the period July 1, 2012 through June 30, 2013;
                (C) $84,451,000 for migrant and seasonal farmworker
            programs under section 167 of the WIA, including $78,253,000
            for formula grants (of which not less than 70 percent shall be
            for employment and training services), $5,689,000 for migrant
            and seasonal housing (of which not less than 70 percent shall
            be for permanent housing), and $509,000 for other discretionary
            purposes, which shall be available for the period July 1, 2012
            through June 30, 2013:  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) $998,000 for carrying out the WANTO, which shall be
            available for the period July 1, 2012 through June 30, 2013;
            and
                (E) $79,840,000 for YouthBuild activities as described in
            section 173A of the WIA, which shall be available for the
            period April 1, 2012 through June 30, 2013; and
                (F) $50,000,000 to be available to the Secretary of Labor
            (referred to in this title as ``Secretary'') for the Workforce
            Innovation Fund to carry out projects 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 beneficiaries, which shall be for the
            period July 1, 2012 through September 30, 2013:  Provided, That
            amounts shall be available for awards to States or State
            agencies that are eligible for assistance under any program
            authorized under the WIA, consortia of States, or partnerships,
            including regional partnerships:  Provided further, That not
            more than 5 percent of the funds available for workforce
            innovation activities shall be for technical assistance and
            evaluations related to the projects carried out with these
            funds;
            (3) for national activities, $103,062,000, as follows:
                (A) $6,616,000, in addition to any amounts available under
            paragraph (2), for Pilots, Demonstrations, and Research, which
            shall be available for the period April 1, 2012 through June
            30, 2013:  Provided, That funds made available by Public Law
            112-10 that were designated for grants to address the
            employment and training needs of young parents may be used for
            other pilots, demonstrations, and research activities and for
            implementation activities related to the VOW to Hire Heroes Act
            of 2011 and may be transferred to ``State Unemployment
            Insurance and Employment Service Operations'' to carry out such
            implementation activities;
                (B) $80,390,000 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, 2012 through June 30, 2013, notwithstanding the
            requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the
            WIA:  Provided, That of this amount, $20,000,000 shall be for
            competitive grants to national and regional intermediaries for
            activities that prepare young ex-offenders and school dropouts
            for employment, with a priority for projects serving high-
            crime, high-poverty areas;
                (C) $9,581,000 for Evaluation, which shall be available for
            the period July 1, 2012 through June 30, 2013; and
                (D) $6,475,000 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, 2012 through June 30,
            2013, and which shall not be subject to the requirements of
            section 171(c)(4)(D).

                              office of jobs corps

        To carry out subtitle C of title I of the WIA, 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 WIA, $1,706,171,000, plus reimbursements,
    as follows:
            (1) $1,572,049,000 for Job Corps Operations, which shall be
        available for the period July 1, 2012 through June 30, 2013;
            (2) $104,990,000 for construction, rehabilitation and
        acquisition of Job Corps Centers, which shall be available for the
        period July 1, 2012 through June 30, 2015:  Provided, That the
        Secretary may transfer up to 15 percent of such funds to meet the
        operational needs of such centers or to achieve administrative
        efficiencies:  Provided further, That any funds transferred
        pursuant to the preceding proviso shall not be available for
        obligation after June 30, 2013; and
            (3) $29,132,000 for necessary expenses of the Office of Job
        Corps, which shall be available for obligation for the period
        October 1, 2011 through September 30, 2012:
       Provided further, 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 (referred
    to in this Act as ``OAA''), $449,100,000, which shall be available for
    the period July 1, 2012 through June 30, 2013, and may be recaptured
    and reobligated in accordance with section 517(c) of the OAA.

                  federal unemployment benefits and allowances

        For payments during fiscal year 2012 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, employment and
    case management services, and related State administration provided
    pursuant to section 231(a) of the Trade Adjustment Assistance Extension
    Act of 2011, $1,100,100,000, together with such amounts as may be
    necessary to be charged to the subsequent appropriation for payments
    for any period subsequent to September 15, 2012.

         state unemployment insurance and employment service operations

        For authorized administrative expenses, $86,231,000, together with
    not to exceed $3,958,441,000 which may be expended from the Employment
    Security Administration Account in the Unemployment Trust Fund (``the
    Trust Fund''), of which:
            (1) $3,181,154,000 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
        not less than $10,000,000 to conduct in-person reemployment 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,
        reemployment trade adjustment assistance, and alternative trade
        adjustment assistance under the Trade Act of 1974 and under section
        231(a) of the Trade Adjustment Assistance Extension Act of 2011,
        and shall be available for obligation by the States through
        December 31, 2012, except that funds used for automation
        acquisitions or competitive grants awarded to States for improved
        operations, or reemployment and eligibility assessments and
        improper payments shall be available for obligation by the States
        through September 30, 2014, and funds used for unemployment
        insurance workloads experienced by the States through September 30,
        2012 shall be available for Federal obligation through December 31,
        2012;
            (2) $11,287,000 from the Trust Fund is for national activities
        necessary to support the administration of the Federal-State
        unemployment insurance system;
            (3) $679,531,000 from the Trust Fund, together with $22,638,000
        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, 2012
        through June 30, 2013;
            (4) $20,952,000 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) $65,517,000 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
        $50,418,000 shall be available for the Federal administration of
        such activities, and $15,099,000 shall be available for grants to
        States for the administration of such activities; and
            (6) $63,593,000 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 WIA and shall be available for Federal obligation for the
        period July 1, 2012 through June 30, 2013:
      Provided, That to the extent that the Average Weekly Insured
    Unemployment (``AWIU'') for fiscal year 2012 is projected by the
    Department of Labor to exceed 4,832,000, 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 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.
         In addition, $50,000,000 from the Employment Security
    Administration Account of the Unemployment Trust Fund shall be
    available to conduct in-person reemployment and eligibility assessments
    and unemployment insurance improper payment reviews.

            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, 2013.

                             program administration

        For expenses of administering employment and training programs,
    $97,320,000, together with not to exceed $50,040,000 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, $183,500,000.

                      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, 2012, for the Corporation:  Provided, That none of the
    funds available to the Corporation for fiscal year 2012 shall be
    available for obligations for administrative expenses in excess of
    $476,901,000:  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 2012, an amount not to exceed an additional
    $9,200,000 shall be available through September 30, 2013, 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, 2013, 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 or extraordinary multiemployer
    program related 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.

                             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, $227,491,000.

                      Office of Labor Management Standards

                             salaries and expenses

        For necessary expenses for the Office of Labor Management
    Standards, $41,367,000.

                 Office of Federal Contract Compliance Programs

                             salaries and expenses

        For necessary expenses for the Office of Federal Contract
    Compliance Programs, $105,386,000.

                    Office of Workers' Compensation Programs

                             salaries and expenses

        For necessary expenses for the Office of Workers' Compensation
    Programs, $115,939,000, together with $2,124,000 which may be expended
    from the Special Fund in accordance with sections 39(c), 44(d), and
    44(j) of the Longshore and Harbor Worker's 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, $350,000,000, 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 to reimburse an employer,
    who is not the employer at the time of injury, for portions of the
    salary of a re-employed, disabled beneficiary:  Provided further, That
    balances of reimbursements unobligated on September 30, 2011, 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, 2012:  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, $59,488,000
    shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data
        processing systems and telecommunications systems, $17,253,000;
            (2) For automated workload processing operations, including
        document imaging, centralized mail intake, and medical bill
        processing, $26,769,000;
            (3) For periodic roll management and medical review,
        $15,466,000; 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, $141,227,000, 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 2013, $40,000,000, 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, $52,147,000, to remain
    available until expended:  Provided, That the Secretary 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)

        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 2012 for expenses of operation and administration of the
    Black Lung Benefits program, as authorized by section 9501(d)(5): not
    to exceed $32,906,000 for transfer to the Office of Workers'
    Compensation Programs, ``Salaries and Expenses''; not to exceed
    $25,217,000 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.

                 Occupational Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $565,857,000, including not to exceed $104,393,000
    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 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, 2012, 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 $10,729,000 shall be available for Susan Harwood training
    grants.

                     Mine Safety and Health Administration

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses for the Mine Safety and Health
    Administration, $374,000,000, 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; 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 $1,499,000 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; and, in
    addition, the Secretary may transfer from amounts provided under this
    heading up to $3,000,000 to ``Departmental Management'' for activities
    related to the Office of the Solicitor's caseload before the Federal
    Mine Safety and Health Review Commission; the Secretary 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, $542,921,000,
    together with not to exceed $67,303,000 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 the mass layoff
    statistics program under section 15 of the Wagner-Peyser Act.

                     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, $38,953,000.

                            Departmental Management

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses for Departmental Management, including the
    hire of three passenger motor vehicles, $346,683,000, together with not
    to exceed $326,000, which may be expended from the Employment Security
    Administration Account in the Unemployment Trust Fund:  Provided, That
    $66,500,000 for the Bureau of International Labor Affairs shall be
    available for obligation through December 31, 2012:  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 programs
    to combat exploitative child labor internationally:  Provided further,
    That not less than $6,500,000 shall be used to implement model programs
    that address worker rights issues through technical assistance in
    countries with which the United States has free trade agreements or
    trade preference programs:  Provided further, That $8,500,000 shall be
    used for program evaluation and shall be available for obligation
    through September 30, 2013:  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 funds
    available to the Women's Bureau may be used for grants to serve and
    promote the interests of women in the workforce.

                        veterans employment and training

        Not to exceed $212,060,000 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, 2012, of which $2,444,000 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 WIA, $52,879,000, of which $14,622,000 shall be available
    for obligation for the period July 1, 2012 through June 30, 2013.

                                it modernization

        For necessary expenses for Department of Labor centralized
    infrastructure technology investment activities related to support
    systems and modernization, $19,852,000.

                          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,
    $77,937,000, together with not to exceed $5,909,000 which may be
    expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

                               General Provisions

        Sec. 101.  None of the funds appropriated by this Act for the Job
    Corps shall be used to pay the salary and bonuses of an individual,
    either as direct costs or any proration as an indirect cost, at a rate
    in excess of Executive Level II.

                              (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.
        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, in 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 competitive grants for 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 made available by 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.
        Sec. 106.  The Secretary 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 WIA, 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 transfer of funds)

        Sec. 107.  Notwithstanding section 102, the Secretary may transfer
    funds made available to the Employment and Training Administration by
    this Act or by Public Law 112-10, either directly or through a set-
    aside, for technical assistance services to grantees to ``Program
    Administration'' when it is determined that those services will be more
    efficiently performed by Federal employees.

                         (including transfer of funds)

        Sec. 108. (a) The Secretary may reserve not more than 0.5 percent
    from each appropriation made available in this Act identified in
    subsection (b) in order to carry out evaluations of any of the programs
    or activities that are funded under such accounts. Any funds reserved
    under this section shall be transferred to ``Departmental Management''
    for use by the Office of the Chief Evaluation Officer within the
    Department of Labor, and shall be available for obligation through
    September 30, 2013:  Provided, That such funds shall only be available
    if the Chief Evaluation Officer of the Department of Labor submits a
    plan to the Committees on Appropriations of the House of
    Representatives and the Senate describing the evaluations to be carried
    out 15 days in advance of any transfer.
        (b) The accounts referred to in subsection (a) are: ``Office of Job
    Corps'', ``State Unemployment Insurance and Employment Service
    Operations'', ``Employee Benefits Security Administration'', ``Office
    of Workers' Compensation Programs'', ``Wage and Hour Division'',
    ``Office of Federal Contract Compliance Programs'', ``Office of Labor
    Management Standards'', ``Occupational Safety and Health
    Administration'', ``Mine Safety and Health Administration'', and
    ``Veterans Employment and Training''.
        Sec. 109.  None of the funds made available by this Act may be used
    to promulgate the Definition of ``Fiduciary'' regulation (Regulatory
    Identification Number 1210-AB32) published by the Employee Benefits
    Security Administration of the Department of Labor on October 22, 2010
    (75 Fed. Reg. 65263).
        Sec. 110.  None of the amounts made available under this Act may be
    used to implement the rule entitled ``Wage Methodology for the
    Temporary Non-Agricultural Employment H-2B Program'' (76 Fed. Reg. 3452
    (January 19, 2011)).
        Sec. 111.  None of the funds made available by this Act may be used
    to continue the development of or to promulgate, administer, enforce,
    or otherwise implement the Occupational Injury and Illness Recording
    and Reporting Requirements--Musculoskeletal Disorders (MSD) Column
    regulation (Regulatory Identification Number 1218-AC45) being developed
    by the Occupational Safety and Health Administration of the Department
    of Labor.
        Sec. 112.  None of the funds made available by this Act may be used
    to implement or enforce the proposed rule entitled ``Lowering Miners'
    Exposure to Coal Mine Dust, Including Continuous Personal Dust
    Monitors'' regulation published by the Mine Safety and Health
    Administration (MSHA) of the Department of Labor on October 19, 2010
    (75 Fed. Reg. 64412, RIN 1219-AB64) until--
            (1) the Government Accountability Office--
                (A) issues, at a minimum, an interim report which--
                    (i) evaluates the completeness of MSHA's data
                collection and sampling, to include an analysis of whether
                such data supports current trends of the incidence of lung
                disease arising from occupational exposure to respirable
                coal mine dust across working underground coal miners; and
                    (ii) assesses the sufficiency of MSHA's analytical
                methodology; and
                (B) not later than 240 days after enactment of this Act,
            submits the report described in subparagraph (A) to the
            Committees on Appropriations of the House of Representatives
            and the Senate; or
            (2) the deadline described in paragraph (1)(B) for submission
        of the report has passed.
        Sec. 113.  None of the funds made available by this Act may be used
    by the Secretary to administer or enforce 29 CFR 779.372(c)(4).
        This title may be cited as the ``Department of Labor Appropriations
    Act, 2012''.

                                    TITLE II

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                              primary health care

        For carrying out titles II and III of the Public Health Service Act
    (referred to in this Act as the ``PHS Act'') with respect to primary
    health care and the Native Hawaiian Health Care Act of 1988,
    $1,598,957,000, of which $129,000 shall be available until expended for
    facilities renovations at the Gillis W. Long Hansen's Disease Center:
    Provided, 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 $95,073,000 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
    (referred to in this Act as ``HHS'') pertaining to administrative
    claims made under such law.

                                health workforce

        For carrying out titles III, VII, and VIII of the PHS Act with
    respect to the health workforce, section 1128E of the Social Security
    Act, and the Health Care Quality Improvement Act of 1986, $734,402,000:
     Provided, That sections 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 under this heading:
    Provided further, That for any program operating under section 751 of
    the PHS Act on or before January 1, 2009, the Secretary of Health and
    Human Services (referred to in this title as ``Secretary'') may waive
    any of the requirements contained in sections 751(d)(2)(A) and
    751(d)(2)(B) of such Act for the full project period of a grant under
    such section:  Provided further, That no funds shall be available for
    section 340G-1 of the PHS Act:  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 such 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
    funds transferred to this account to carry out 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 such sections.

                           maternal and child health

        For carrying out titles III, XI, XII, and XIX of the PHS Act with
    respect to maternal and child health, title V of the Social Security
    Act, and section 712 of the American Jobs Creation Act of 2004,
    $863,607,000:  Provided, That notwithstanding sections 502(a)(1) and
    502(b)(1) of the Social Security Act, not more than $79,586,000 shall
    be available for carrying out special projects of regional and national
    significance pursuant to section 501(a)(2) of such Act and $10,400,000
    shall be available for projects described in paragraphs (A) through (F)
    of section 501(a)(3) of such Act.

                          ryan white hiv/aids program

        For carrying out title XXVI of the PHS Act with respect to the Ryan
    White HIV/AIDS program, $2,326,665,000, of which $1,995,670,000 shall
    remain available to the Secretary of Health and Human Services through
    September 30, 2014, for parts A and B of title XXVI of the PHS Act, and
    of which not less than $900,000,000 shall be for State AIDS Drug
    Assistance Programs under the authority of section 2616 or 311(c) of
    such Act:  Provided, 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 Special Projects of National Significance under section
    2691.

                              health care systems

        For carrying out titles III and XII of the PHS Act with respect to
    health care systems, and the Stem Cell Therapeutic and Research Act of
    2005, $83,526,000.

                                  rural health

        For carrying out titles III and IV of the PHS Act with respect to
    rural health, section 427(a) of the Federal Coal Mine Health and Safety
    Act, the Cardiac Arrest Survival Act of 2000, and sections 711 and 1820
    of the Social Security Act, $139,832,000, of which $41,118,000 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:  Provided, That of the funds made
    available under this heading for Medicare rural hospital flexibility
    grants, $15,000,000 shall be available for the Small Rural Hospital
    Improvement Grant Program for quality improvement and adoption of
    health information technology and $1,000,000 shall be to carry out
    section 1820(g)(6) of the Social Security Act, with funds provided for
    grants under section 1820(g)(6) 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 electronic health record system:  Provided further,
    That notwithstanding section 338J(k) of the PHS Act, $10,055,000 shall
    be available for State Offices of Rural Health.

                                family planning

        For carrying out the program under title X of the PHS Act to
    provide for voluntary family planning projects, $297,400,000:
    Provided, 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.

                               program management

        For program support in the Health Resources and Services
    Administration, $161,815,000:  Provided, That funds made available
    under this heading may be used to supplement program support funding
    provided under the headings ``Primary Health Care'', ``Health
    Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
    Program'', ``Health Care Systems'', and ``Rural Health''.

               health education assistance loans program account

        Such sums as may be necessary to carry out the purpose of the
    program, as authorized by title VII of the PHS Act. For administrative
    expenses to carry out the guaranteed loan program, including section
    709 of the PHS Act, $2,841,000.

                 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 PHS Act, to remain available until expended:
    Provided, That for necessary administrative expenses, not to exceed
    $6,489,000 shall be available from the Trust Fund to the Secretary.

                   Centers for Disease Control and Prevention

                     immunization and respiratory diseases

        For carrying out titles II, III, VII, XVII, and XXI, and section
    2821 of the PHS Act, titles II and IV of the Immigration and
    Nationality Act, and section 501 of the Refugee Education Assistance
    Act, with respect to immunization and respiratory diseases,
    $579,375,000:  Provided, That in addition to amounts provided herein,
    $12,864,000 shall be available from amounts available under section 241
    of the PHS Act to carry out the National Immunization Surveys.

         hiv/aids, viral hepatitis, sexually transmitted diseases, and
                            tuberculosis prevention

        For carrying out titles II, III, VII, XVII, XXIII, and XXVI of the
    PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted
    diseases, and tuberculosis prevention, $1,105,995,000.

                   emerging and zoonotic infectious diseases

        For carrying out titles II, III, VII, and XVII, and section 2821 of
    the PHS Act, titles II and IV of the Immigration and Nationality Act,
    and section 501 of the Refugee Education Assistance Act, with respect
    to emerging and zoonotic infectious diseases, $253,919,000.

                chronic disease prevention and health promotion

        For carrying out titles II, III, VII, XI, XV, XVII, and XIX of the
    PHS Act with respect to chronic disease prevention and health
    promotion, $760,700,000:  Provided, That funds appropriated under this
    account may be available for making grants under section 1509 of the
    PHS Act for not less than 21 States, tribes, or tribal organizations.

       birth defects, developmental disabilities, disabilities and health

        For carrying out titles II, III, VII, XI, and XVII of the PHS Act
    with respect to birth defects, developmental disabilities, disabilities
    and health, $138,072,000.

                       public health scientific services

        For carrying out titles II and III of the PHS Act with respect to
    health statistics, surveillance, informatics, and workforce
    development, $144,795,000:  Provided, That in addition to amounts
    provided herein, $247,769,000 shall be available from amounts available
    under section 241 of the PHS Act to carry out Public Health Scientific
    Services.

                              environmental health

        For carrying out titles II, III, VII, and XVII of the PHS Act with
    respect to environmental health, $105,598,000.

                         injury prevention and control

        For carrying out titles II, III, VII, and XVII of the PHS Act with
    respect to injury prevention and control, $138,480,000.

             national institute for occupational safety and health

        For carrying out titles II, III, VII, and XVII of the PHS Act,
    sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal
    Mine Safety and Health Act, section 13 of the Mine Improvement and New
    Emergency Response Act, and sections 20, 21, and 22 of the Occupational
    Safety and Health Act, with respect to occupational safety and health,
    $182,903,000:  Provided, That in addition to amounts provided herein,
    $110,724,000 shall be available from amounts available under section
    241 of the PHS Act.

              employees occupational illness compensation program

        For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Program Act, $55,358,000, to remain
    available until expended, of which $4,500,000 shall be for use by or in
    support of the Advisory Board on Radiation and Worker Health
    (``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.

                                 global health

        For carrying out titles II, III, VII and XVII of the PHS Act with
    respect to global health, $349,547,000, of which $118,023,000 for
    international HIV/AIDS shall remain available through September 30,
    2013:  Provided, That funds may be used for purchase and insurance of
    official motor vehicles in foreign countries.

                    public health preparedness and response

        For carrying out titles II, III, VII, and XVII of the PHS Act with
    respect to public health preparedness and response, and for expenses
    necessary to support activities related to countering potential
    biological, nuclear, radiological, and chemical threats to civilian
    populations, $1,306,906,000, of which $509,486,000 shall remain
    available until expended for the Strategic National Stockpile under
    section 319F-2 of the PHS Act.

                    cdc-wide activities and program support

        For carrying out titles II, III, VII, XVII and XIX, and section
    2821 of the PHS Act and for cross-cutting activities and program
    support that supplement activities funded under the headings
    ``Immunization and Respiratory Diseases'', ``HIV/AIDS, Viral Hepatitis,
    Sexually Transmitted Diseases, and Tuberculosis Prevention'',
    ``Emerging and Zoonotic Infectious Diseases'', ``Chronic Disease
    Prevention and Health Promotion'', ``Birth Defects, Developmental
    Disabilities, Disabilities and Health'', ``Environmental Health'',
    ``Injury Prevention and Control'', ``National Institute for
    Occupational Safety and Health'', ``Employees Occupational Illness
    Compensation Program Act'', ``Global Health'', ``Public Health
    Preparedness and Response'', and ``Public Health Scientific Services'',
    $621,445,000, of which $30,000,000 shall be available until September
    30, 2013, for business services, of which $25,000,000 shall be
    available until September 30, 2016, for equipment, construction and
    renovation of facilities, and of which $80,000,000 shall be for the
    Preventive Health and Health Services Block Grant Program:  Provided,
    That paragraphs (1) through (3) of subsection (b) of section 2821 of
    the PHS Act shall not apply to funds appropriated under this heading
    and in all other accounts of the Centers for Disease Control and
    Prevention (referred to in this title as ``CDC''):  Provided further,
    That funds appropriated under this heading and in all other accounts of
    CDC may be used to support the purchase, hire, maintenance, and
    operation of aircraft for use and support of the activities of CDC:
    Provided further, That employees of CDC 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 HHS
    during the period of detail or assignment:  Provided further, That CDC
    may use up to $10,000 from amounts appropriated to CDC in this Act for
    official reception and representation expenses when specifically
    approved by the Director of CDC:  Provided further, That in addition,
    such sums as may be derived from authorized user fees, which shall be
    credited to the appropriation charged with the cost thereof:  Provided
    further, That with respect to the previous proviso, authorized user
    fees from the Vessel Sanitation Program shall be available through
    September 30, 2013:  Provided further, That of the funds made available
    under this heading, up to $1,000 per eligible employee of CDC shall be
    made available until expended for Individual Learning Accounts:
    Provided further, That CDC may establish a Working Capital Fund, with
    the authorities equivalent to those provided in 42 U.S.C. 231, to
    improve the provision of supplies and service.

                         National Institutes of Health

                           national cancer institute

        For carrying out section 301 and title IV of the PHS Act with
    respect to cancer, $5,081,788,000, 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 PHS Act with
    respect to cardiovascular, lung, and blood diseases, and blood and
    blood products, $3,084,851,000.

             national institute of dental and craniofacial research

        For carrying out section 301 and title IV of the PHS Act with
    respect to dental disease, $411,488,000.

        national institute of diabetes and digestive and kidney diseases

        For carrying out section 301 and title IV of the PHS Act with
    respect to diabetes and digestive and kidney disease, $1,800,447,000.

            national institute of neurological disorders and stroke

        For carrying out section 301 and title IV of the PHS Act with
    respect to neurological disorders and stroke, $1,629,445,000.

             national institute of allergy and infectious diseases

        For carrying out section 301 and title IV of the PHS Act with
    respect to allergy and infectious diseases, $4,499,215,000.

                 national institute of general medical sciences

        For carrying out section 301 and title IV of the PHS Act with
    respect to general medical sciences, $2,434,637,000:  Provided, That
    not less than $276,480,000 is provided for the Institutional
    Development Awards program.

      eunice kennedy shriver national institute of child health and human
                                  development

        For carrying out section 301 and title IV of the PHS Act with
    respect to child health and human development, $1,323,900,000.

                             national eye institute

        For carrying out section 301 and title IV of the PHS Act with
    respect to eye diseases and visual disorders, $704,043,000.

              national institute of environmental health sciences

        For carrying out section 301 and title IV of the PHS Act with
    respect to environmental health sciences, $686,869,000.

                          national institute on aging

        For carrying out section 301 and title IV of the PHS Act with
    respect to aging, $1,105,530,000.

     national institute of arthritis and musculoskeletal and skin diseases

        For carrying out section 301 and title IV of the PHS Act with
    respect to arthritis and musculoskeletal and skin diseases,
    $536,801,000.

        national institute on deafness and other communication disorders

        For carrying out section 301 and title IV of the PHS Act with
    respect to deafness and other communication disorders, $417,061,000.

                     national institute of nursing research

        For carrying out section 301 and title IV of the PHS Act with
    respect to nursing research, $145,043,000.

               national institute on alcohol abuse and alcoholism

        For carrying out section 301 and title IV of the PHS Act with
    respect to alcohol abuse and alcoholism, $460,389,000.

                        national institute on drug abuse

        For carrying out section 301 and title IV of the PHS Act with
    respect to drug abuse, $1,055,362,000.

                      national institute of mental health

        For carrying out section 301 and title IV of the PHS Act with
    respect to mental health, $1,483,068,000.

                    national human genome research institute

        For carrying out section 301 and title IV of the PHS Act with
    respect to human genome research, $513,844,000.

          national institute of biomedical imaging and bioengineering

        For carrying out section 301 and title IV of the PHS Act with
    respect to biomedical imaging and bioengineering research,
    $338,998,000.

           national center for complementary and alternative medicine

        For carrying out section 301 and title IV of the PHS Act with
    respect to complementary and alternative medicine, $128,299,000.

          national institute on minority health and health disparities

        For carrying out section 301 and title IV of the PHS Act with
    respect to minority health and health disparities research,
    $276,963,000.

                      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 PHS Act), $69,754,000.

                          national library of medicine

        For carrying out section 301 and title IV of the PHS Act with
    respect to health information communications, $338,278,000, of which
    $4,000,000 shall be available until September 30, 2013, for improvement
    of information systems:  Provided, That in fiscal year 2012, 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
    (referred to in this title as ``NIH''):  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.

              national center for advancing translational sciences

        For carrying out section 301 and title IV of the PHS Act with
    respect to translational sciences, $576,456,000:  Provided, That up to
    $10,000,000 shall be available to implement section 402C of the PHS
    Act, relating to the Cures Acceleration Network:  Provided further,
    That funds appropriated may be used to support the reorganization and
    activities required to eliminate the National Center for Research
    Resources:  Provided further, That the Director of the NIH shall ensure
    that, of all funds made available to Institute, Center, and Office of
    the Director accounts within ``Department of Health and Human Services,
    National Institutes of Health'', at least $487,767,000 is provided to
    the Clinical and Translational Sciences Awards program.

                             office of the director

        For carrying out the responsibilities of the Office of the
    Director, NIH, $1,461,880,000, 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 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 the NIH Management Fund shall remain available for one
    fiscal year after the fiscal year in which they are deposited:
    Provided further, That $193,880,000 shall be available for continuation
    of the National Children's Study:  Provided further, That $545,962,000
    shall be available for the Common Fund established under section
    402A(c)(1) of the 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.

                            buildings and facilities

        For the study of, construction of, renovation of, and acquisition
    of equipment for, facilities of or used by NIH, including the
    acquisition of real property, $125,581,000, to remain available until
    September 30, 2016.

           Substance Abuse and Mental Health Services Administration

                                 mental health

        For carrying out titles III, V, and XIX of the PHS Act with respect
    to mental health, and the Protection and Advocacy for Individuals with
    Mental Illness Act, $934,853,000:  Provided, That notwithstanding
    section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
    out section 520A shall be available for carrying out section 1971 of
    the PHS Act:  Provided further, That in addition to amounts provided
    herein, $21,039,000 shall be available under section 241 of the PHS Act
    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:
    Provided further, That section 520E(b)(2) of the PHS Act shall not
    apply to funds appropriated under this Act for fiscal year 2012:
    Provided further, That of the amount appropriated under this heading,
    $45,800,000 shall be for the National Child Traumatic Stress Initiative
    as described in section 582 of the PHS Act.

                            substance abuse treatment

        For carrying out titles III, V, and XIX of the PHS Act with respect
    to substance abuse treatment and section 1922(a) of the PHS Act with
    respect to substance abuse prevention, $2,123,993,000:  Provided, 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; and (2)
    $2,000,000 to evaluate substance abuse treatment programs:  Provided
    further, That no funds shall be available for the National All
    Schedules Prescription Reporting system.

                           substance abuse prevention

        For carrying out titles III and V of the PHS Act with respect to
    substance abuse prevention, $186,361,000.

                    health surveillance and program support

        For program support and cross-cutting activities that supplement
    activities funded under the headings ``Mental Health'', ``Substance
    Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
    titles III, V, and XIX of the PHS Act and the Protection and Advocacy
    for Individuals with Mental Illness Act in the Substance Abuse and
    Mental Health Services Administration, $109,106,000:  Provided, That in
    addition to amounts provided herein, $27,428,000 shall be available
    under section 241 of the PHS Act to supplement funds available to carry
    out national surveys on drug abuse and mental health, to collect and
    analyze program data, and to conduct public awareness and technical
    assistance activities:  Provided further, That funds made available
    under this heading may be used to supplement program support funding
    provided under the headings ``Mental Health'', ``Substance Abuse
    Treatment'', and ``Substance Abuse Prevention''.

                   Agency for Healthcare Research and Quality

                        healthcare research and quality

        For carrying out titles III and IX of the 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,
    $369,053,000 shall be available from amounts available under section
    241 of the PHS Act, notwithstanding subsection 947(c) of such Act:
    Provided, That in addition, 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 September 30, 2013.

                   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, $184,279,110,000, to remain available until
    expended.
        For making, after May 31, 2012, payments to States under title XIX
    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 2012 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 2013, $90,614,082,000, to remain available
    until expended.
        Payment under such 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 health care 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)(3) of Public Law 97-248, and for administrative expenses
    incurred pursuant to section 201(g) of the Social Security Act,
    $230,741,378,000.
        In addition, for making matching payments under section 1844 and
    benefit payments under section 1860D-16 of the Social Security Act that
    were 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
    PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
    other responsibilities of the Centers for Medicare and Medicaid
    Services, not to exceed $3,879,476,000, 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 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 September 30,
    2017:  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 $34,000,000, to remain
    available through September 30, 2013, shall be for contract costs for
    the Healthcare Integrated General Ledger Accounting System:  Provided
    further, That the Secretary is directed to collect fees in fiscal year
    2012 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 $44,000,000
    shall be available for the State high-risk health insurance pool
    program as authorized by the State High Risk Pool Funding Extension Act
    of 2006.

                  health care fraud and abuse control account

        In addition to amounts otherwise available for program integrity
    and program management, $310,377,000, to remain available through
    September 30, 2013, 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 $219,879,000 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 under Part C and the Medicare Prescription Drug Program under
    Part D of the Social Security Act and for activities described in
    section 1893(b) of such Act, of which $29,730,000 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 $31,038,000 shall be for the Medicaid and
    Children's Health Insurance Program (``CHIP'') program integrity
    activities, and of which $29,730,000 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 2012 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, $2,305,035,000, to remain available until
    expended; and for such purposes for the first quarter of fiscal year
    2013, $1,100,000,000, 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) and (d) of section 2602
    of the Low Income Home Energy Assistance Act of 1981, $3,478,246,000:
    Provided, That all but $497,000,000 of such funds shall be allocated as
    though the total appropriation for such payments for fiscal year 2012
    was less than $1,975,000,000:  Provided further, That notwithstanding
    section 2609A(a), of the amounts appropriated under section 2602(b),
    not more than $3,000,000 of such amounts may be reserved by the
    Secretary 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, $769,789,000, of which up to $9,794,000 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 2012
    shall be available for the costs of assistance provided and other
    activities to remain available through September 30, 2014.

       payments to states for the child care and development block grant

        For carrying out the Child Care and Development Block Grant Act of
    1990, $2,282,627,000 shall be used to supplement, not supplant State
    general revenue funds for child care assistance for low-income
    families:  Provided, That $19,433,000 shall be available for child care
    resource and referral and school-aged child care activities, of which
    $1,000,000 shall be available to the Secretary for a competitive grant
    for the operation of a national toll free hotline and Web site to
    develop and disseminate child care consumer education information for
    parents and help parents access child care in their local community:
    Provided further, That, in addition to the amounts required to be
    reserved by the States under section 658G, $291,248,000 shall be
    reserved by the States for activities authorized under section 658G, of
    which $106,813,000 shall be for activities that improve the quality of
    infant and toddler care:  Provided further, That $9,890,000 shall be
    for use by the Secretary 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

        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 303 and 313 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, section 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, and section 501 of the Refugee
    Education Assistance Act of 1980, $9,926,709,000, of which $39,421,000,
    to remain available through September 30, 2013, 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, 2012:  Provided, That $7,983,633,000 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 term ``base grant'' as used in subsection (a)(7)(A) of
    section 640 of such Act with respect to funding provided to a Head
    Start agency (including each Early Head Start agency) for fiscal year
    2011 shall be calculated as described in such subsection and to which
    amount shall be added 50 percent of the amount of funds appropriated
    under the heading ``Department of Health and Human Services,
    Administration for Children and Families, Children and Family Services
    Programs'' in Public Law 111-5 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 period
    beginning in fiscal year 2010:  Provided further, That $713,630,000
    shall be for making payments under the CSBG Act:  Provided further,
    That $35,340,000 shall be for sections 680 and 678E(b)(2) of the CSBG
    Act, of which not less than $30,000,000 shall be for section 680(a)(2)
    and not less than $4,990,000 shall be for section 680(a)(3)(B) of such
    Act:  Provided further, That in addition to amounts provided herein,
    $5,762,000 shall be available from amounts available under section 241
    of the PHS 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
    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
    $5,245,000 shall be for activities authorized by section 291 of the
    Help America Vote Act of 2002:  Provided further, That $1,996,000 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.

                       promoting safe and stable families

        For carrying out section 436 of the Social Security Act,
    $345,000,000 and section 437 of such Act, $63,184,000.

                    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, $5,153,000,000.
        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 2013, $2,100,000,000.
        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

                         (including transfer of funds)

        For carrying out, to the extent not otherwise provided, the Older
    Americans Act of 1965 (``OAA''), section 398 and title XXIX of the PHS
    Act, section 119 of the Medicare Improvements for Patients and
    Providers Act of 2008, $1,473,703,000:  Provided, That amounts
    appropriated under this heading may be used for grants to States under
    section 361 of the OAA only for disease prevention and health promotion
    programs and activities which have been demonstrated through rigorous
    evaluation to be evidence-based and effective:  Provided further, That
    none of the funds provided shall be used to carry out sections 1701 and
    1703 of the PHS Act (with respect to chronic disease self-management
    activity grants), except that such funds may be used for necessary
    expenses associated with administering any such grants awarded prior to
    the date of the enactment of this Act:  Provided further, That the
    total amount available for fiscal year 2012 under this and any other
    Act to carry out activities related 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:
    Provided further, That notwithstanding any other provision of this Act,
    funds made available under this heading to carry out section 311 of the
    OAA may be transferred to the Secretary of Agriculture in accordance
    with such section.

                            Office of the Secretary

                        general departmental management

        For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six passenger motor
    vehicles, and for carrying out titles III, XVII, and XXI of the PHS
    Act, the United States-Mexico Border Health Commission Act, and
    research studies under section 1110 of the Social Security Act,
    $475,221,000, together with $69,211,000 from the amounts available
    under section 241 of the PHS Act to carry out national health or human
    services research and evaluation activities:  Provided, That of this
    amount, $53,783,000 shall be for minority AIDS prevention and treatment
    activities:  Provided further, That of the funds made available under
    this heading, $104,790,000 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 amounts provided
    under this heading from amounts available under section 241 of the PHS
    Act, $8,455,000 shall be available to carry out evaluations (including
    longitudinal evaluations) of teenage pregnancy prevention approaches:
    Provided further, That of the funds made available under this heading,
    $5,000,000 shall be for making competitive grants to provide abstinence
    education (as defined by section 510(b)(2)(A)-(H) of the Social
    Security Act) to adolescents, and for Federal costs of administering
    the grant:  Provided further, That grants made under the authority of
    section 510(b)(2)(A)-(H) of the Social Security Act shall be made only
    to public and private entities that agree that, with respect to an
    adolescent to whom the entities provide abstinence education under such
    grant, the entities will not provide to that adolescent any other
    education regarding sexual conduct, except that, in the case of an
    entity expressly required by law to provide health information or
    services the adolescent shall not be precluded from seeking health
    information or services from the entity in a different setting than the
    setting in which abstinence education was provided:  Provided further,
    That funds provided in this Act for embryo adoption activities may be
    used to provide to individuals adopting embryos, through grants and
    other mechanisms, medical and administrative services deemed necessary
    for such adoptions:  Provided further, That such services shall be
    provided consistent with 42 CFR 59.5(a)(4).

                    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), $72,147,000, 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, $16,446,000:  Provided,
    That in addition to amounts provided herein, $44,811,000 shall be
    available from amounts available under section 241 of the PHS 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,
    $50,178,000:  Provided, That of such amount, necessary sums shall be
    available for providing protective services to the Secretary 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,
    $41,016,000.

         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, $569,452,000; of which $10,000,000 shall remain
    available until September 30, 2014, to support emergency operations.
        From funds transferred to this account pursuant to the fourth
    paragraph under this heading in Public Law 111-117, up to $415,000,000
    shall be available for expenses necessary to support advanced research
    and development pursuant to section 319L of the PHS Act, and other
    administrative expenses of the Biomedical Advanced Research and
    Development Authority to support additional advanced research and
    development.

                               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.
        Sec. 202.  The Secretary 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 title 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 II.
        Sec. 204.  None of the funds appropriated in this Act may be
    expended pursuant to section 241 of the PHS Act, except for funds
    specifically provided for in this Act, or for other taps and
    assessments made by any office located in HHS, prior to the preparation
    and submission of a report by the Secretary 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 PHS Act, such
    portion as the Secretary 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 HHS 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 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.

                              (transfer of funds)

        Sec. 207.  The Director of the NIH, 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 NIH, the
    amount for research related to the human immunodeficiency virus, as
    jointly determined by the Director of NIH 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 PHS Act.
        Sec. 209.  None of the funds appropriated in this Act may be made
    available to any entity under title X of the PHS Act unless the
    applicant for the award certifies to the Secretary 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 PHS 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 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 HHS 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 2012:
            (1) The Secretary 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 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 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 HHS. The Department of State shall cooperate
        fully with the Secretary to ensure that HHS 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 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 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 NIH (``Director'') may use funds available under
    section 402(b)(7) or 402(b)(12) of the 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 CDC and the Agency for Toxic Substances and
    Disease Registry (``ATSDR'') may be transferred to appropriate accounts
    of CDC, 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.  Notwithstanding any other provisions of law,
    discretionary funds made available in this Act may be used to continue
    operating the Council on Graduate Medical Education established by
    section 301 of Public Law 102-408.
        Sec. 216.  Not to exceed $45,000,000 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 $3,500,000 per project.

                              (transfer of funds)

        Sec. 217.  Of the amounts made available for NIH, 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 PHS 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. 218.  None of the funds made available in this title may be
    used, in whole or in part, to advocate or promote gun control.
        Sec. 219.  None of the funds appropriated or otherwise made
    available in this Act may be expended to advance the creation of a
    Federally Funded Research and Development Center at the Centers for
    Medicare and Medicaid Services, prior to a Federal Register notice
    being issued that outlines: how this proposal would meet the specific
    requirements identified in FAR 35.017-2; agency procedures that ensure
    small business competitiveness is maintained; and the outline of a
    transparent award and governance process to be employed.
        Sec. 220. (a) The Secretary shall establish a publicly accessible
    website to provide information regarding the uses of funds made
    available under section 4002 of Public Law 111-148.
        (b) With respect to funds provided for fiscal year 2012, the
    Secretary shall include on the website established under subsection (a)
    at a minimum the following information:
            (1) In the case of each transfer of funds under section
        4002(c), a statement indicating the program or activity receiving
        funds, the operating division or office that will administer the
        funds, and the planned uses of the funds, to be posted not later
        than the day after the transfer is made.
            (2) Identification (along with a link to the full text) of each
        funding opportunity announcement, request for proposals, or other
        announcement or solicitation of proposals for grants, cooperative
        agreements, or contracts intended to be awarded using such funds,
        to be posted not later than the day after the announcement or
        solicitation is issued.
            (3) Identification of each grant, cooperative agreement, or
        contract with a value of $25,000 or more awarded using such funds,
        including the purpose of the award and the identity of the
        recipient, to be posted not later than 5 days after the award is
        made.
            (4) A report detailing the uses of all funds transferred under
        section 4002(c) during the fiscal year, to be posted not later than
        90 days after the end of the fiscal year.
            (5) Semi-annual reports from each entity awarded a grant,
        cooperative agreement, or contract from such funds with a value of
        $25,000 or more, summarizing the activities undertaken and
        identifying any sub-grants or sub-contracts awarded (including the
        purpose of the award and the identity of the recipient), to be
        posted not later than 30 days after the end of each 6-month period.
        Sec. 221. (a) Establishment of National Center for Advancing
    Translational Sciences; Elimination of National Center for Research
    Resources.--
            (1) In general.--Subpart 1 of part E of title IV of the Public
        Health Service Act (42 U.S.C. 287 et seq.) is amended--
                (A) in the subpart heading, by striking ``National Center
            for Research Resources'' and inserting ``National Center for
            Advancing Translational Sciences'';
                (B) by striking sections 480 and 481; and
                (C) by amending section 479 to read as follows:
        ``SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES.
        ``(a) Purpose.--The purpose of the National Center for Advancing
    Translational Sciences (in this subpart referred to as the `Center') is
    to advance translational sciences, including by--
            ``(1) coordinating and developing resources that leverage basic
        research in support of translational science; and
            ``(2) developing partnerships and working cooperatively to
        foster synergy in ways that do not create duplication, redundancy,
        and competition with industry activities.
        ``(b) Clinical Trial Activities.--
            ``(1) In general.--The Center may develop and provide
        infrastructure and resources for all phases of clinical trials
        research. Except as provided in paragraph (2), the Center may
        support clinical trials only through the end of phase IIA.
            ``(2) Exception.--The Center may support clinical trial
        activities through the end of phase IIB for a treatment for a rare
        disease or condition (as defined in section 526 of the Federal
        Food, Drug, and Cosmetic Act) so long as--
                ``(A) the Center gives public notice for a period of at
            least 120 days of the Center's intention to support the
            clinical trial activities in phase IIB;
                ``(B) no public or private organization provides credible
            written intent to the Center that the organization has timely
            plans to further the clinical trial activities or conduct
            clinical trials of a similar nature beyond phase IIA; and
                ``(C) the Center ensures that support of the clinical trial
            activities in phase IIB will not increase the Federal
            Government's liability beyond the award value of the Center's
            support.
        ``(c) Annual Report.--The Center shall publish an annual report
    that, with respect to all research supported by the Center, includes a
    complete list of--
            ``(1) the molecules being studied;
            ``(2) clinical trial activities being conducted;
            ``(3) the methods and tools in development;
            ``(4) ongoing partnerships, including--
                ``(A) the rationale for each partnership;
                ``(B) the status of each partnership;
                ``(C) the funding provided by the Center to other entities
            pursuant to each partnership, and
                ``(D) the activities which have been transferred to
            industry pursuant to each partnership; and
            ``(5) known research activity of other entities that is or will
        expand upon research activity of the Center.''.
            (2) List of institutes and centers.--Section 401(b)(21) of the
        Public Health Service Act (42 U.S.C. 281(b)(21)) is amended by
        striking ``National Center for Research Resources'' and inserting
        ``National Center for Advancing Translational Sciences''.
        (b) Assignment of Certain Functions of Former National Center for
    Research Resources.--
            (1) Biomedical and behavioral research facilities.--Section
        481A of the Public Health Service Act (42 U.S.C. 287a-2)--
                (A) is redesignated as section 404I and is moved to follow
            section 404H of such Act (42 U.S.C. 283j); and
                (B) is amended--
                    (i) in subsection (a)(1), by striking ``acting through
                the Director of the Center or the Director of the National
                Institute of Allergy and Infectious Diseases'' and
                inserting ``acting through the Office of the Director of
                NIH or the Director of the National Institute of Allergy
                and Infectious Diseases'';
                    (ii) in subsections (c), (d), (e), and (f)(2), by
                striking ``Director of the Center or the Director of the
                National Institute of Allergy and Infectious Diseases''
                each place it appears and inserting ``Director of NIH,
                acting through the Office of the Director of NIH or the
                National Institute of Allergy and Infectious Diseases,'';
                    (iii) in subsection (b)(2), by striking ``Director of
                the Center'' each place it appears and inserting ``Director
                of NIH'';
                    (iv) in subsections (b)(3)(A), (f)(1), and (g), by
                striking the comma at the end of ``Director of the
                Center,'' each place it appears;
                    (v) by striking ``Director of the Center'' each place
                it appears and inserting ``Director of NIH, acting through
                the Office of the Director of NIH,'';
                    (vi) in subsection (b)--

                        (I) in paragraph (1)(A), by striking ``within the
                    Center''; and
                        (II) in paragraph (2)--

                            (aa) in subparagraph (A), by striking ``and the
                        advisory council established under section 480 (in
                        this section referred to as the `Advisory
                        Council')'' and inserting ``and the Council of
                        Councils established under section 402(l) (in this
                        section referred to as the `Council')''; and
                            (bb) in subparagraphs (B), (C), and (D), by
                        striking ``Advisory'' each place it appears; and
                    (vii) in subsection (g), by striking ``after
                consultation with the Advisory Council'' and inserting
                ``after consultation with the Council''.
            (2) Construction of regional centers for research on
        primates.--Section 481B of the Public Health Service Act (42 U.S.C.
        287a-3)--
                (A) is redesignated as section 404J and is moved to follow
            section 404I, as redesignated by paragraph (1); and
                (B) in subsection (a), is amended--
                    (i) by striking ``by the National Center for Research
                Resources'' and inserting ``by the Director of NIH, acting
                through the Office of the Director of NIH,''; and
                    (ii) by striking ``481A'' and inserting ``404I''.
            (3) Sanctuary system for surplus chimpanzees.--Section 481C of
        the Public Health Service Act (42 U.S.C. 287a-3a)--
                (A) is redesignated as section 404K and is moved to follow
            section 404J, as redesignated by paragraph (2); and
                (B) in subsection (d)(4)(A)(ii), is amended by striking
            ``that is carried out by the National Center for Research
            Resources'' and inserting ``that is carried out by the Director
            of NIH, acting through the Office of the Director of NIH,''.
            (4) Shared instrumentation grant program.--Section 305 of the
        Public Health Improvement Act (42 U.S.C. 287 note)--
                (A) is redesignated as section 404L of the Public Health
            Service Act and is moved to follow section 404K of that Act, as
            redesignated by paragraph (3); and
                (B) is amended--
                    (i) by striking subsection (a) and redesignating
                subsections (b) and (c) as subsections (a) and (b),
                respectively;
                    (ii) in subsection (a), as so redesignated, by striking
                ``under the program described in subsection (a)'' and
                inserting ``under the Shared Instrumentation Grant
                Program'';
                    (iii) by striking ``Director of the National Center for
                Research Resources'' each place it appears and inserting
                ``Director of NIH, acting through the Office of the
                Director of NIH,''; and
                    (iv) in subsection (b), as so redesignated--

                        (I) by striking ``in subsection (a)'' and inserting
                    ``in subsection (a), the''; and
                        (II) by striking ``of the Public Health Service Act
                    (42 U.S.C. 289a)''.

            (5) Institutional development award program.--Title IV of the
        Public Health Service Act (42 U.S.C. 281 et seq.) is amended--
                (A) in section 461, by striking the section heading and
            designation and all that follows through ``The general
            purpose'' and inserting the following:
        ``SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES.
        ``(a) General Purpose.--The general purpose'';
                (B) by moving subsection (g) of section 402 to the end of
            section 461, as amended, and redesignating that subsection as
            subsection (b); and
                (C) in section 461(b), as so redesignated--
                    (i) by striking ``(b)(1)(A) In the case of'' and
                inserting the following:
        ``(b) Institutional Development Award Program.--
            ``(1)(A) In the case of'';
                    (ii) by moving two ems to the right--

                        (I) subparagraphs (B) and (C) of paragraph (1);
                        (II) clauses (i), (ii), and (iii) of such
                    subparagraph (C); and
                        (III) paragraph (2); and

                    (iii) in paragraph (1)(A), by striking ``acting through
                the Director of the National Center for Research
                Resources'' and inserting ``acting through the Director of
                the National Institute of General Medical Sciences''.
        (c) Assignment of Certain Offices and Functions to National Center
    for Advancing Translational Sciences.--
            (1) Cures acceleration network.--Section 402C of the Public
        Health Service Act (42 U.S.C. 282d)--
                (A) is redesignated as section 480 and is moved to follow
            section 479;
                (B) in subsection (b), is amended in the matter that
            precedes paragraph (1) by striking ``within the Office of the
            Director of NIH'' and inserting ``within the Center'';
                (C) by striking ``Director of NIH'' each place it appears
            and inserting ``Director of the Center''; and
                (D) in the headings of subsections (d)(4) and (d)(4)(B), by
            striking ``Director of nih'' each place it appears and
            inserting ``Director of the center''.
            (2) Office of rare diseases.--Title IV of the Public Health
        Service Act (42 U.S.C. 281 et seq.) is amended--
                (A) in section 404F--
                    (i) by redesignating such section as section 481 and
                moving such section to follow section 480, as redesignated
                by paragraph (1);
                    (ii) in subsection (a)--

                        (I) by striking ``within the Office of the Director
                    of NIH'' and inserting ``within the Center''; and
                        (II) by striking ``Director of NIH'' and inserting
                    ``Director of the Center''; and

                    (iii) in subsection (b)(1)(C), by striking ``404G'' and
                inserting ``481A''; and
                (B) in section 401(c)(2)(A), by striking ``the Office of
            Rare Diseases,''.
            (3) Rare disease regional centers of excellence.--Section 404G
        of the Public Health Service Act (42 U.S.C. 283i) is redesignated
        as section 481A and is moved to follow section 481, as redesignated
        by paragraph (2).
            (4) General clinical research centers.--Section 481D of the
        Public Health Service Act (42 U.S.C. 287a-4)--
                (A) is redesignated as section 481B; and
                (B) in subsection (a), is amended by striking ``Director of
            the National Center for Research Resources'' and inserting
            ``Director of the Center''.
        (d) Conforming Amendments.--Title IV of the Public Health Service
    Act (42 U.S.C. 281 et seq.) is amended--
            (1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), by striking
        ``402C'' and inserting ``480'';
            (2) in section 404C(e)(3)(A) (42 U.S.C. 283e(e)(3)(A)), by
        striking ``and the Director of the Center for Research Resources'';
            (3) in section 464z-3(i)(1) (42 U.S.C. 285t(i)(1))--
                (A) by striking ``Director of National Institute for
            Research Resources'' and inserting ``Director of NIH'';
                (B) by striking ``481(c)(3)'' and inserting ``404I(c)(2)'';
            and
                (C) by inserting ``under such section'' after
            ``Institutions of Emerging Excellence'';
            (4) in section 499(c)(1)(E) (42 U.S.C. 290b(c)(1)(E)), by
        striking ``section 402C'' and inserting ``section 480''.
        Sec. 222.  The discretionary appropriation for CDC is hereby
    reduced by $20,000,000:  Provided, That the reduction should be taken
    from contracting and administrative costs in each of the CDC accounts.
        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2012''.

                                   TITLE III

                            DEPARTMENT OF EDUCATION

                        Education for the Disadvantaged

        For carrying out title I of the Elementary and Secondary Education
    Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of
    the Higher Education Act of 1965 (referred to in this Act as ``HEA''),
    $15,750,983,000, of which $4,817,117,000 shall become available on July
    1, 2012, and shall remain available through September 30, 2013, and of
    which $10,841,177,000 shall become available on October 1, 2012, and
    shall remain available through September 30, 2013, for academic year
    2012-2013:  Provided, That $6,584,750,000 shall be for basic grants
    under section 1124 of the ESEA:  Provided further, That up to
    $3,992,000 of these funds shall be available to the Secretary of
    Education (referred to in this title as ``Secretary'') on October 1,
    2011, to obtain annually updated local educational agency-level census
    poverty data from the Bureau of the Census:  Provided further, That
    $1,362,301,000 shall be for concentration grants under section 1124A of
    the ESEA:  Provided further, That $3,288,183,000 shall be for targeted
    grants under section 1125 of the ESEA:  Provided further, That
    $3,288,183,000 shall be for education finance incentive grants under
    section 1125A of the ESEA:  Provided further, That $3,200,000 shall be
    to carry out sections 1501 and 1503 of the ESEA:  Provided further,
    That $534,562,000 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 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, priority shall be given to those
    schools with graduation rates below 60 percent:  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 the Secretary may reserve up to 5 percent of the funds available
    for section 1003(g) of the ESEA to carry out activities to build State
    and local educational agency capacity to implement effectively the
    school improvement grants program:  Provided further, That $160,000,000
    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 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 ESEA, $1,293,631,000,
    of which $1,155,724,000 shall be for basic support payments under
    section 8003(b), $48,505,000 shall be for payments for children with
    disabilities under section 8003(d), $17,474,000 shall be for
    construction under section 8007(b) and shall remain available through
    September 30, 2013, $67,074,000 shall be for Federal property payments
    under section 8002, and $4,854,000, 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 2011-2012,
    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.

                          School Improvement Programs

        For carrying out school improvement activities authorized by parts
    A and B of title II, part B of title IV, parts A and B of title VI, and
    parts B and C of title VII of the 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; and
    the Civil Rights Act of 1964, $4,550,018,000, of which $2,725,246,000
    shall become available on July 1, 2012, and remain available through
    September 30, 2013, and of which $1,681,441,000 shall become available
    on October 1, 2012, and shall remain available through September 30,
    2013, for academic year 2012-2013:  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 funds made available to carry out part C of
    title VII of the ESEA shall be awarded on a competitive basis, and also
    may be used for construction:  Provided further, That $51,210,000 shall
    be available to carry out section 203 of the Educational Technical
    Assistance Act of 2002:  Provided further, That $17,652,000 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 1.5 percent
    of the funds for subpart 1 of part A of title II of the ESEA shall be
    reserved by the Secretary for competitive awards for teacher or
    principal training or professional enhancement activities to national
    not-for-profit organizations.

                                Indian Education

        For expenses necessary to carry out, to the extent not otherwise
    provided, title VII, part A of the ESEA, $131,027,000.

                           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 of the ESEA, and sections 14006 and 14007 of division A of the
    American Recovery and Reinvestment Act of 2009, as amended,
    $1,530,429,000:  Provided, That the Secretary may use up to
    $550,000,000, which shall remain available for obligation through
    December 31, 2012, for section 14006 of division A of Public Law 111-5,
    as amended, to make awards (including on the basis of previously
    submitted applications) to States or to local educational agencies, or
    both, in accordance with the applicable requirements of that section,
    as determined by the Secretary, and may use up to 5 percent of such
    funds for technical assistance and evaluation of the activities carried
    out under that section:  Provided further, That up to $149,700,000
    shall be available for obligation through December 31, 2012 for section
    14007 of division A of Public Law 111-5, and up to 5 percent of such
    funds may be used for technical assistance and the evaluation of
    activities carried out under such section:  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 nonprofit 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 shall demonstrate that such performance-based
    compensation systems are developed with the input of teachers and
    school leaders in the schools and local educational agencies to be
    served by the grant:  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 of the funds available for part B of title V of the ESEA,
    the Secretary shall use not less than $23,000,000 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 $55,000,000 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 and shall reserve up to $11,000,000 to carry out the activities
    described in section 5205(a), including improving quality and oversight
    of charter schools and providing technical assistance and grants to
    authorized public chartering agencies in order to increase the number
    of high-performing charter schools:  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
    evaluation, 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:  Provided further, That each application submitted
    pursuant to section 5203(a) shall contain assurances that State law,
    regulations, or other policies require that: (1) each authorized
    charter school in the State operate under a legally binding charter or
    performance contract between itself and the school's authorized public
    chartering agency that describes the obligations and responsibilities
    of the school and the public chartering agency; conduct annual, timely,
    and independent audits of the school's financial statements that are
    filed with the school's authorized public chartering agency; and
    demonstrate improved student academic achievement; and (2) authorized
    public chartering agencies use increases in student academic
    achievement for all groups of students described in section
    1111(b)(2)(C)(v) of the ESEA as the most important factor when
    determining to renew or revoke a school's charter.

                     Safe Schools and Citizenship Education

        For carrying out activities authorized by part A of title IV and
    subparts 1, 2, and 10 of part D of title V of the ESEA, $256,237,000:
    Provided, That $65,000,000 shall be available for subpart 2 of part A
    of title IV:  Provided further, That $60,000,000 shall be available for
    Promise Neighborhoods and shall be available through December 31, 2012.

                          English Language Acquisition

        For carrying out part A of title III of the ESEA, $733,530,000,
    which shall become available on July 1, 2012, and shall remain
    available through September 30, 2013, except that 6.5 percent of such
    amount shall be available on October 1, 2011, and shall remain
    available through September 30, 2013, to carry out activities under
    section 3111(c)(1)(C):  Provided, That the Secretary shall 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,
    $12,647,066,000, of which $3,115,716,000 shall become available on July
    1, 2012, and shall remain available through September 30, 2013, and of
    which $9,283,383,000 shall become available on October 1, 2012, and
    shall remain available through September 30, 2013, for academic year
    2012-2013:  Provided, 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 2011, 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 2011:  Provided
    further, That $2,000,000, to remain available for obligation through
    September 30, 2013, shall be for activities aimed at improving the
    outcomes of children receiving Supplemental Security Income (SSI) and
    their families, which may include competitive grants to States to
    improve the provision and coordination of services for SSI child
    recipients in order to achieve improved health status, including both
    physical and emotional health, and education and post-school outcomes,
    including completion of postsecondary education and employment, and to
    improve services and supports to the families or households of the SSI
    child recipient, such as education and job training for the parents:
    Provided further, That States may award subgrants for a portion of the
    funds to other public and private, non-profit entities.

                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, $3,512,019,000:  Provided, That
    the Secretary may use amounts provided in this Act that remain
    available subsequent to the reallotment of funds to States pursuant to
    section 110(b) of the Rehabilitation Act for activities aimed at
    improving the outcomes of children receiving Supplemental Security
    Income (SSI) and their families, including competitive grants to States
    to improve the provision and coordination of services for SSI child
    recipients in order to achieve improved health status, education and
    post-school outcomes, including completion of postsecondary education
    and employment, and to improve services and supports to the family or
    households of the SSI child recipient, such as education and job
    training for the parents:  Provided further, That States may award
    subgrants for a portion of the funds to other public and private, non-
    profit entities:  Provided further, That any funds made available
    subsequent to reallotment for activities aimed at improving the
    outcomes of children receiving SSI and their families shall remain
    available until September 30, 2013:  Provided further, That $2,000,000
    shall be for competitive grants to support alternative financing
    programs that provide for the purchase of assistive technology devices,
    such as a low-interest loan fund; an interest buy-down program; a
    revolving loan fund; a loan guarantee; or insurance program:  Provided
    further, That applicants shall provide an assurance that, and
    information describing the manner in which, the alternative financing
    program will expand and emphasize consumer choice and control:
    Provided further, That State agencies and community-based disability
    organizations that are directed by and operated for individuals with
    disabilities shall be eligible to compete.

               Special Institutions for Persons With Disabilities

                     american printing house for the blind

        For carrying out the Act of March 3, 1879, $24,551,000.

                   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, $65,546,000:
    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, $125,754,000, of which $7,990,000 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 and the Adult
    Education and Family Literacy Act (referred to in this Act as the
    ``AEFLA''), $1,738,946,000, of which $947,946,000 shall become
    available on July 1, 2012, and shall remain available through September
    30, 2013, and of which $791,000,000 shall become available on October
    1, 2012, and shall remain available through September 30, 2013:
    Provided, That of the amount provided for Adult Education State Grants,
    $74,850,000 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, $11,323,000 shall be for national leadership activities under
    section 243.

                          Student Financial Assistance

        For carrying out subparts 1 and 3 of part A, and part C of title IV
    of the HEA, $24,538,521,000, which shall remain available through
    September 30, 2013.
        The maximum Pell Grant for which a student shall be eligible during
    award year 2012-2013 shall be $4,860.

                           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 HEA, $1,045,363,000, to remain available until
    September 30, 2013.

                                Higher Education

        For carrying out, to the extent not otherwise provided, titles II,
    III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
    Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins
    Career and Technical Education Act of 2006, $1,873,196,000:  Provided,
    That $608,000 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 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 (referred to in this
    Act as ``HEOA''), that would have otherwise received a continuation
    award for fiscal year 2012 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.

                               Howard University

        For partial support of Howard University, $234,507,000, 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 HEA,
    $460,000.

      Historically Black College and University Capital Financing Program
                                    Account

        For the cost of guaranteed loans, $20,188,000, as authorized
    pursuant to part D of title III of the 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 $367,255,000:
    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 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, $353,000.

                        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, $594,788,000, which shall remain available through
    September 30, 2013:  Provided, That funds available to carry out
    section 208 of the Educational Technical Assistance Act may be used to
    link Statewide elementary and secondary data systems with early
    childhood, postsecondary, and workforce data systems, or to further
    develop such systems:  Provided further, That up to $11,000,000 of the
    funds available to carry out section 208 of the Educational Technical
    Assistance Act may be used for awards to public or private
    organizations or agencies to support activities to improve data
    coordination, quality, and use at the local, State, and national
    levels.

                            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, $447,104,000.

                            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, $102,818,000.

                        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, $59,933,000.

                               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 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.
        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
    ESEA.
        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 ``2012'' for ``2009''.
        Sec. 307. (a) Notwithstanding any other provision of law, the
    Secretary is authorized to modify the terms and conditions of gulf
    hurricane disaster loans to affected institutions pursuant to section
    2601 of Public Law 109-234 using the authority provided herein, on such
    terms as the Secretary, the Secretary of the Treasury, and the Director
    of the Office of Management and Budget jointly determine are in the
    best interests of both the United States and the borrowers, and
    necessary to mitigate the economic effects of Hurricanes Katrina and
    Rita. Any modification under this section shall not result in any net
    cost to the Federal Government, as jointly determined by the Secretary,
    the Secretary of the Treasury, and the Director of the Office of
    Management and Budget, beginning on the date on which the Secretary
    modifies a loan under this section.
        (b)  Federal Register Notice.--The Secretary, the Secretary of the
    Treasury, and the Director of the Office of Management and Budget,
    shall jointly publish a notice in the Federal Register prior to any
    modification of loans under paragraph (a) that--
            (1) establishes the terms and conditions governing the
        modifications authorized by paragraph (a);
            (2) includes an outline of the methodology and factors that the
        Secretary, the Secretary of the Treasury, and the Director of the
        Office of Management and Budget, will jointly consider in
        evaluating the modification of the loans made under this title; and
            (3) describes how the use of such methodology and consideration
        of such factors used to determine the modifications will ensure
        that loan modifications do not result in any net cost to the
        Federal Government.
        (c) Fees.--An affected institution that receives a modification to
    its disaster loan pursuant to section 2601 of Public Law 109-234 shall
    pay a fee to the Secretary which shall be credited to the HBCU
    Hurricane Supplemental Loan Program. Such fees shall remain available
    without fiscal year limitation to pay the modification costs. The
    amount of the fee paid shall be equal to the modification cost as
    jointly determined by the Secretary, the Secretary of the Treasury, and
    the Director of the Office of Management and Budget, calculated in
    accordance with section 502 of the Federal Credit Reform Act of 1990,
    as amended, of such loan.
        Sec. 308.  Section 14006(c)(2) of division A of the American
    Recovery and Reinvestment Act of 2009 (as amended by section 1832(b) of
    division B of Public Law 112-10) is amended by inserting before the
    period, ``except that such a State may use its grant funds to make
    subgrants to public or private agencies and organizations for
    activities consistent with the purposes of the grant''.
        Sec. 309. (a) Federal Pell Grant Eligibility.--
            (1) Minimum level.--Section 401(b)(4) of the HEA (20 U.S.C.
        1070a(b)(4)) is amended by striking ``, except that'' and all that
        follows and inserting a period.
            (2) Duration of award period.--Section 401(c)(5) of the HEA (20
        U.S.C. 1070a(c)(5)) is amended--
                (A) by striking ``18'' each place it appears and inserting
            ``12''; and
                (B) by striking the last sentence.
        (b) Zero Expected Family Contribution.--Section 479(c) of the HEA
    (20 U.S.C. 1087ss(c)) is amended--
            (1) in paragraph (1)(B), by striking ``$30,000'' and inserting
        ``$23,000''; and
            (2) in paragraph (2)(B), by striking ``$30,000'' and inserting
        ``$23,000''.
        (c) Students Who Are Not High School Graduates.--
            (1) Amendment.--Section 484(d) of the HEA (20 U.S.C. 1091(d))
        is amended--
                (A) in the matter preceding paragraph (1), by striking
            ``meet one of the following standards:'';
                (B) by striking paragraphs (1), (2), and (4); and
                (C) in paragraph (3), by striking ``(3) The student has''
            and inserting ``have''; and
            (2) Transition.--The amendment made by paragraph (1) shall
        apply to students who first enroll in a program of study on or
        after July 1, 2012.
            (3) Conforming change.--Section 101(a)(1) of the HEA (20 U.S.C.
        1001(a)(1) is amended by striking ``section 484(d)(3)'' and
        inserting ``section 484(d)''.
        (d) Temporary Elimination of Interest Subsidy During Student Loan
    Grace Period.--
            (1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C.
        1078(a)(3)(A)(i)(I)) is amended to read as follows:

                        ``(I) which accrues prior to the date the student
                    ceases to carry at least one-half the normal full-time
                    academic workload (as determined by the institution),
                    or''.

            (2) The amendment made by paragraph (1) shall apply to new
        Federal Direct Stafford Loans made on or after July 1, 2012 and
        before July 1, 2014.
        (e) Revised Special Allowance Calculation.--
            (1) Revised calculation rule.--Section 438(b)(2)(I) of the HEA
        (20 U.S.C. 1087-1(b)(2)(I)) is amended by adding at the end the
        following:
                    ``(vii) Revised calculation rule to reflect financial
                market conditions.--

                        ``(I) Calculation based on libor.--For the calendar
                    quarter beginning on April 1, 2012 and each subsequent
                    calendar quarter, in computing the special allowance
                    paid pursuant to this subsection with respect to loans
                    described in subclause (II), clause (i)(I) of this
                    subparagraph shall be applied by substituting `of the
                    1-month London Inter Bank Offered Rate (LIBOR) for
                    United States dollars in effect for each of the days in
                    such quarter as compiled and released by the British
                    Bankers Association' for `of the quotes of the 3-month
                    commercial paper (financial) rates in effect for each
                    of the days in such quarter as reported by the Federal
                    Reserve in Publication H-15 (or its successor) for such
                    3-month period'.
                        ``(II) Loans eligible for libor-based
                    calculation.--The special allowance paid pursuant to
                    this subsection shall be calculated as described in
                    subclause (I) with respect to special allowance
                    payments for the 3-month period ending June 30, 2012,
                    and each succeeding 3-month period, on loans for which
                    the first disbursement is made on or after January 1,
                    2000, and before July 1, 2010, if, not later than April
                    1, 2012, the holder of the loan (or, if the holder acts
                    as eligible lender trustee for the beneficial owner of
                    the loan, the beneficial owner of the loan),
                    affirmatively and permanently waives all contractual,
                    statutory, or other legal rights to a special allowance
                    paid pursuant to this subsection that is calculated
                    using the formula in effect at the time the loans were
                    first disbursed.
                        ``(III) Terms of waiver.--

                            ``(aa) In general.--A waiver pursuant to
                        subclause (II) shall be in a form (printed or
                        electronic) prescribed by the Secretary, and shall
                        be applicable to--
                                ``(AA) all loans described in such
                            subclause that the lender holds solely in its
                            own right under any lender identification
                            number associated with the holder (pursuant to
                            section 487B);
                                ``(BB) all loans described in such
                            subclause for which the beneficial owner has
                            the authority to make an election of a waiver
                            under such subclause, regardless of the lender
                            identification number associated with the loan
                            or the lender that holds the loan as eligible
                            lender trustee on behalf of such beneficial
                            owner; and
                                ``(CC) all future calculations of the
                            special allowance on loans that, on the date of
                            such waiver, are loans described in subitem
                            (AA) or (BB), or that, after such date, become
                            loans described in subitem (AA) or (BB).
                            ``(bb) Exceptions.--Any waiver pursuant to
                        subclause (II) that is elected for loans described
                        in subitem (AA) or (BB) of item (aa) shall not
                        apply to any loan described in such subitem for
                        which the lender or beneficial owner of the loan
                        demonstrates to the satisfaction of the Secretary
                        that--
                                ``(AA) in accordance with an agreement
                            entered into before the date of enactment of
                            this section by which such lender or owner is
                            governed and that applies to such loans, such
                            lender or owner is not legally permitted to
                            make an election of such waiver with respect to
                            such loans without the approval of one or more
                            third parties with an interest in the loans,
                            and that the lender or owner followed all
                            available options under such agreement to
                            obtain such approval, and was unable to do so;
                            or
                                ``(BB) such lender or beneficial owner
                            presented the proposal of electing such a
                            waiver applicable to such loans associated with
                            an obligation rated by a nationally recognized
                            statistical rating organization (as defined in
                            section 3(a)(62) of the Securities Exchange Act
                            of 1934), and such rating organization provided
                            a written opinion that the agency would
                            downgrade the rating applicable to such
                            obligation if the lender or owner elected such
                            a waiver.''.
            (2) Conforming amendments.--Section 438(b)(2)(I) of the HEA (20
        U.S.C. 1087-1(b)(2)(I)) is further amended--
                (A) in clause (i)(II), by striking ``such average bond
            equivalent rate'' and inserting ``the rate determined under
            subclause (I) (in accordance with clause (vii))''; and
                (B) in clause (v)(III), by striking ``(iv), and (vi)'' and
            inserting ``(iv), (vi), and (vii)''.
        (f) Reappropriation of Mandatory Savings.--Section 401(b)(7)(A)(iv)
    of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended to read as
    follows:
                    ``(iv) to carry out this section--

                        ``(I) $13,500,000,000 for fiscal year 2011;
                        ``(II) $13,795,000,000 for fiscal year 2012;
                        ``(III) $7,587,000,000 for fiscal year 2013;
                        ``(IV) $588,000,000 for fiscal year 2014;
                        ``(V) $0 for fiscal year 2015;
                        ``(VI) $0 for fiscal year 2016;
                        ``(VII) $1,574,000,000 for fiscal year 2017;
                        ``(VIII) $1,382,000,000 for fiscal year 2018;
                        ``(IX) $1,409,000,000 for fiscal year 2019;
                        ``(X) $1,430,000,000 for fiscal year 2020; and
                        ``(XI) $1,145,000,000 for fiscal year 2021 and each
                    succeeding fiscal year.''.

        (g) Effective Date.--The amendments made by subsections (a), (b),
    and (c) shall take effect on July 1, 2012.
        (h) Inapplicability of Negotiated Rulemaking and Master Calendar
    Exception.--Sections 482(c) and 492 of the HEA (20 U.S.C. 1089(c),
    1098a) shall not apply to the amendments made by this section, or to
    any regulations promulgated under those amendments.
        This title may be cited as the ``Department of Education
    Appropriations Act, 2012''.

                                    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,
    $5,385,000.

                 Corporation for National and Community Service

                               operating expenses

        For necessary expenses for the Corporation for National and
    Community Service (referred to in this title as ``CNCS'') to carry out
    the Domestic Volunteer Service Act of 1973 (referred to in this title
    as ``1973 Act'') and the National and Community Service Act of 1990
    (referred to in this title as ``1990 Act''), $751,672,000,
    notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
    501(a)(4)(F) 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) $44,900,000 shall be available for expenses
    authorized under section 501(a)(4)(E) of the 1990 Act; (3) $2,000,000
    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) $13,466,000 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; (5) $31,942,000 shall be
    available to carry out subtitle E of the 1990 Act; and (6) $3,992,000
    shall be available for expenses authorized under section 501(a)(4)(F)
    of the 1990 Act, which, notwithstanding the provisions of section 198P
    shall be awarded by CNCS on a competitive basis:  Provided further,
    That, with respect to amounts provided under this heading for State
    Service Commissions, section 126 of the 1990 Act shall be applied by
    substituting ``$200,000'' for ``$250,000'' each place that it appears.

                             national service trust

                         (including transfer of funds)

        For necessary expenses for the National Service Trust established
    under subtitle D of title I of the 1990 Act, $212,198,000, to remain
    available until expended:  Provided, That CNCS 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 1990 Act and under section 504(a) of the 1973 Act,
    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, $83,000,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $4,000,000.

                           administrative provisions

        Sec. 401.  CNCS shall make any significant changes to program
    requirements, service delivery or policy only through public notice and
    comment rulemaking. For fiscal year 2012, during any grant selection
    process, an officer or employee of CNCS 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 CNCS that is authorized by CNCS 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 1990 Act, and subject to partial waiver consistent
    with section 2521.70 of title 45, Code of Federal Regulations.
        Sec. 403.  Donations made to CNCS under section 196 of the 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.  In addition to the requirements in section 146(a) of 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 Act.

                      Corporation for Public Broadcasting

        For payment to the Corporation for Public Broadcasting (referred to
    in this Act as ``CPB''), as authorized by the Communications Act of
    1934, an amount which shall be available within limitations specified
    by that Act, for the fiscal year 2014, $445,000,000:  Provided, That
    none of the funds made available to CPB 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 CPB 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 CPB 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 CPB:  Provided further,
    That none of the funds made available to CPB by this Act shall be used
    to support the Television Future Fund or any similar purpose.

                   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,
    $46,250,000:  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, $17,637,000.

                    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,
    $232,393,000.

                Medicaid and CHIP Payment and Access Commission

                             salaries and expenses

        For expenses necessary to carry out section 1900 of the Social
    Security Act, $6,000,000.

                      Medicare Payment Advisory Commission

                             salaries and expenses

        For expenses necessary to carry out section 1805 of the Social
    Security Act, $11,800,000, 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 IV of the Rehabilitation Act of 1973, $3,264,000.

                         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, $278,833,000:  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.

                            administrative provision

        Sec. 405.  None of the funds provided by this Act or previous Acts
    making appropriations for the National Labor Relations Board may be
    used to issue any new administrative directive or regulation that would
    provide employees any means of voting through any electronic means in
    an election to determine a representative for the purposes of
    collective bargaining.

                            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,
    $13,436,000.

                Occupational Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Occupational Safety and Health
    Review Commission, $11,689,000.

                           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, $51,000,000,
    which shall include amounts becoming available in fiscal year 2012
    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, 2013, 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, $108,855,000, 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 $8,170,000, 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), 228(g), and 1131(b)(2) of the Social Security Act,
    $20,404,000.

                      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,
    $37,582,991,000, 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 not more than $8,000,000 shall be
    available for research and demonstrations under sections 1110 and 1144
    of the Social Security Act and remain available through September 30,
    2013.
        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 2013, $18,200,000,000, to
    remain available until expended.

                     limitation on administrative expenses

        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 $10,555,494,000 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 in such section:  Provided,
    That not less than $2,150,000 shall be for the Social Security Advisory
    Board:  Provided further, That unobligated balances of funds provided
    under this paragraph at the end of fiscal year 2012 not needed for
    fiscal year 2012 shall remain available until expended to invest in the
    Social Security Administration information technology and
    telecommunications hardware and software infrastructure, including
    related equipment and non-payroll administrative expenses associated
    solely with this information technology and telecommunications
    infrastructure:  Provided further, That the Commissioner of Social
    Security shall notify the Committees on Appropriations of the House of
    Representatives and the Senate prior to making unobligated balances
    available under the authority in the previous proviso:  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.
        In addition, for 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, $274,000,000 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 the Commissioner
    shall provide to the Congress (at the conclusion of the fiscal year) a
    report on the obligation and expenditure of these funds, 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, $161,000,000 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 2012
    exceed $161,000,000, the amounts shall be available in fiscal year 2013
    only to the extent provided in advance in appropriations Acts.
        In addition, up to $1,000,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act, which
    shall remain available until expended.

                          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,
    $28,942,000, together with not to exceed $73,535,000, 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 at least
    15 days in advance of any transfer.

                                    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 or
    transferred pursuant to section 4002 of Public Law 111-148 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, electronic communication, radio, television, or video
    presentation designed to support or defeat the enactment of legislation
    before the Congress or any State or local legislature or legislative
    body, except in presentation to the Congress or any State or local
    legislature itself, or designed to support or defeat any proposed or
    pending regulation, administrative action, or order issued by the
    executive branch of any State or local government, except in
    presentation to the executive branch of any State or local government
    itself.
        (b) No part of any appropriation contained in this Act or
    transferred pursuant to section 4002 of Public Law 111-148 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 the enactment of legislation, appropriations, regulation,
    administrative action, or Executive order proposed or pending before
    the Congress or any State government, State legislature or local
    legislature or legislative body, other than for normal and recognized
    executive-legislative relationships or participation by an agency or
    officer of a State, local or tribal government in policymaking and
    administrative processes within the executive branch of that
    government.
        (c) The prohibitions in subsections (a) and (b) shall include any
    activity to advocate or promote any proposed, pending or future
    Federal, State or local tax increase, or any proposed, pending, or
    future requirement or restriction on any legal consumer product,
    including its sale or marketing, including but not limited to the
    advocacy or promotion of gun control.
        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.  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. 506. (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. 507. (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. 508. (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. 509. (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. 510.  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. 511.  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. 512.  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. 513.  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. 514.  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. 515. (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 2012, 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;
            (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 2012, 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. 516. (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 information that is deliberately false or misleading.
        Sec. 517.  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 2012 that are different than those
    specified in this Act, the accompanying detailed table in the statement
    of the managers on the conference report accompanying this Act, or the
    fiscal year 2012 budget request.
        Sec. 518.  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 2012, 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. 519.  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. 520.  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. 521.  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.

                                  (rescission)

        Sec. 522.  Of the funds made available for performance bonus
    payments under section 2105(a)(3)(E) of the Social Security Act,
    $6,367,964,000 are hereby rescinded.
        Sec. 523.  Notwithstanding any other provision of this Act, no
    funds appropriated in this Act shall be used to carry out any program
    of distributing sterile needles or syringes for the hypodermic
    injection of any illegal drug.

                                  (rescission)

        Sec. 524.  Of the funds made available under section 1322 of Public
    Law 111-148, $400,000,000 are rescinded.

                                  (rescission)

        Sec. 525.  Of the funds made available for fiscal year 2012 under
    section 3403 of Public Law 111-148, $10,000,000 are rescinded.
        Sec. 526.  Not later than 30 days after the end of each calendar
    quarter, beginning with the first quarter of fiscal year 2013, the
    Departments of Labor, Health and Human Services and Education and the
    Social Security Administration shall provide the Committees on
    Appropriations of the House of Representatives and Senate a quarterly
    report on the status of balances of appropriations:  Provided, That for
    balances that are unobligated and uncommitted, committed, and obligated
    but unexpended, the quarterly reports shall separately identify the
    amounts attributable to each source year of appropriation (beginning
    with fiscal year 2012, or, to the extent feasible, earlier fiscal
    years) from which balances were derived.
        Sec. 527. (a) Across-the-Board Rescissions.--There is hereby
    rescinded an amount equal to 0.189 percent of--
            (1) the budget authority provided for fiscal year 2012 for any
        discretionary account of this Act; and
            (2) the budget authority provided in any advance appropriation
        for fiscal year 2012 for any discretionary account in prior Acts
        making appropriations for the Departments of Labor, Health and
        Human Services, and Education, and Related Agencies.
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
            (1) to each discretionary account and each item of budget
        authority described in such subsection; and
            (2) within each such account and item, to each program,
        project, and activity (with programs, projects, and activities as
        delineated in this Act or the accompanying statement of managers).
        (c) Exception.--This section shall not apply to discretionary
    authority appropriated for the Federal Pell Grants program under the
    heading ``Department of Education, Student Financial Assistance''.
        (d) OMB Report.--Within 30 days after the date of the enactment of
    this section, the Director of the Office of Management and Budget shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report specifying the account and
    amount of each rescission made pursuant to this section.
        This division may be cited as the ``Departments of Labor, Health
    and Human Services, and Education, and Related Agencies Appropriations
    Act, 2012''.

            DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

                                    TITLE I

                               LEGISLATIVE BRANCH

                                     SENATE

                               Expense Allowances

        For expense allowances of the Vice President, $18,760; the
    President Pro Tempore of the Senate, $37,520; Majority Leader of the
    Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip
    of the Senate, $9,980; Minority Whip of the Senate, $9,980; Chairmen of
    the Majority and Minority Conference Committees, $4,690 for each
    Chairman; and Chairmen of the Majority and Minority Policy Committees,
    $4,690 for each Chairman; in all, $174,840.

        Representation Allowances for the Majority and Minority Leaders

        For representation allowances of the Majority and Minority Leaders
    of the Senate, $14,070 for each such Leader; in all, $28,140.

                        Salaries, Officers and Employees

        For compensation of officers, employees, and others as authorized
    by law, including agency contributions, $175,763,738, 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, $2,361,248.

                      office of the president pro tempore

        For the Office of the President Pro Tempore, $705,466.

                  offices of the majority and minority leaders

        For Offices of the Majority and Minority Leaders, $5,201,576.

                   offices of the majority and minority whips

        For Offices of the Majority and Minority Whips, $3,281,424.

                          committee on appropriations

        For salaries of the Committee on Appropriations, $14,863,573.

                             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, $1,619,195 for each such committee; in all, $3,238,390.

     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, $797,402.

                               policy committees

        For salaries of the Majority Policy Committee and the Minority
    Policy Committee, $1,653,905 for each such committee; in all,
    $3,307,810.

                             office of the chaplain

        For Office of the Chaplain, $405,886.

                            office of the secretary

        For Office of the Secretary, $24,194,115.

                 office of the sergeant at arms and doorkeeper

        For Office of the Sergeant at Arms and Doorkeeper, $73,000,000.

            offices of the secretaries for the majority and minority

        For Offices of the Secretary for the Majority and the Secretary for
    the Minority, $1,722,388.

                   agency contributions and related expenses

        For agency contributions for employee benefits, as authorized by
    law, and related expenses, $42,684,460.

                Office of the Legislative Counsel of the Senate

        For salaries and expenses of the Office of the Legislative Counsel
    of the Senate, $6,995,300.

                         Office of Senate Legal Counsel

        For salaries and expenses of the Office of Senate Legal Counsel,
    $1,449,000.

    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, $7,110;
    Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for
    the Majority of the Senate, $7,110; Secretary for the Minority of the
    Senate, $7,110; in all, $28,440.

                       Contingent Expenses of the Senate

                          inquiries and investigations

        For expenses of inquiries and investigations ordered by the Senate,
    or conducted 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, $131,305,860, of which
    $26,650,000 shall be available until September 30, 2014.

    expenses of the united states senate caucus on international narcotics
                                    control

        For expenses of the United States Senate Caucus on International
    Narcotics Control, $487,822.

                            secretary of the senate

        For expenses of the Office of the Secretary of the Senate
    $5,816,344 of which $4,200,000 shall remain available until September
    30, 2016.

                 sergeant at arms and doorkeeper of the senate

        For expenses of the Office of the Sergeant at Arms and Doorkeeper
    of the Senate, $130,722,080, which shall remain available until
    September 30, 2016.

                              miscellaneous items

        For miscellaneous items, $19,360,000, which shall remain available
    until September 30, 2014.

            senators' official personnel and office expense account

        For Senators' Official Personnel and Office Expense Account,
    $396,180,000 of which $18,921,206 shall remain available until
    September 30, 2014.

                              official mail costs

        For expenses necessary for official mail costs of the Senate,
    $281,436.

                            administrative provision

                          payment of certain expenses

        Sec. 1. (a) In General.--Subject to the approval of the Committee
    on Appropriations of the Senate, if in any fiscal year amounts in any
    appropriations account under the heading ``SENATE'' under the heading
    ``LEGISLATIVE BRANCH'' are available for more than 1 fiscal year, the
    Secretary of the Senate may establish procedures for the payment of
    expenses with respect to that account from any amounts available for
    that fiscal year.
        (b) Effective Date.--This section shall apply to fiscal year 2012
    and each fiscal year thereafter.

                            HOUSE OF REPRESENTATIVES

                             Salaries and Expenses

        For salaries and expenses of the House of Representatives,
    $1,225,680,000, as follows:

                            house leadership offices

        For salaries and expenses, as authorized by law, $23,275,773,
    including: Office of the Speaker, $6,942,770, including $25,000 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $2,277,595, including $10,000 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $7,432,812, including
    $10,000 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $1,971,050,
    including $5,000 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip,
    $1,524,951, including $5,000 for official expenses of the Minority
    Whip; Republican Conference, $1,572,788; Democratic Caucus, $1,553,807.
    In addition to the amounts made available above, for salaries and
    expenses under this heading, to be available during the period
    beginning September 30, 2012, and ending December 31, 2013; $5,818,948,
    including: Office of the Speaker, $1,735,694, including $6,250 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $569,399, including $2,500 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $1,858,205, including
    $2,500 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $492,763,
    including $1,250 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip, $381,238,
    including $1,250 for official expenses of the Minority Whip; Republican
    Conference, $393,197; Democratic Caucus, $388,452.

                      Members' Representational Allowances

       Including Members' Clerk Hire, Official Expenses of Members, and
                                 Official Mail

        For Members' representational allowances, including Members' clerk
    hire, official expenses, and official mail, $573,939,282.

                              Committee Employees

                    Standing Committees, Special and Select

        For salaries and expenses of standing committees, special and
    select, authorized by House resolutions, $125,964,870:  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,
    $26,665,785, 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 salaries and expenses of officers and employees, as authorized
    by law, $177,628,400, including: for salaries and expenses of the
    Office of the Clerk, including not more than $23,000, of which not more
    than $20,000 is for the Family Room, for official representation and
    reception expenses, $26,114,400, of which $2,000,000 shall remain
    available until expended; for salaries and expenses of the Office of
    the Sergeant at Arms, including the position of Superintendent of
    Garages and the Office of Emergency Management, and including not more
    than $3,000 for official representation and reception expenses,
    $12,585,000 of which $4,445,000 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, $116,782,000, of which $3,937,000 shall remain
    available until expended; for salaries and expenses of the Office of
    the Inspector General, $5,045,000; for salaries and expenses of the
    Office of General Counsel, $1,415,000; for the Office of the Chaplain,
    $179,000; 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, $2,060,000; for salaries and
    expenses of the Office of the Law Revision Counsel of the House,
    $3,258,000; for salaries and expenses of the Office of the Legislative
    Counsel of the House, $8,814,000; for salaries and expenses of the
    Office of Interparliamentary Affairs, $859,000; for other authorized
    employees, $347,000; and for salaries and expenses of the Historian,
    $170,000.

                            Allowances and Expenses

        For allowances and expenses as authorized by House resolution or
    law, $292,386,942, including: supplies, materials, administrative costs
    and Federal tort claims, $3,696,118; 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, $264,848,219; Business Continuity
    and Disaster Recovery, $17,112,072, of which $5,000,000 shall remain
    available until expended; transition activities for new members and
    staff, $1,721,533; Wounded Warrior Program $2,500,000, to remain
    available until expended; Office of Congressional Ethics, $1,548,000;
    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,
    $760,000.

                           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 2012. Any amount
    remaining after all payments are made under such allowances for fiscal
    year 2012 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.

                          Republican Policy Committee

        Sec. 102. (a) Section 109(a) of the Legislative Branch
    Appropriations Act, 2005 (2 U.S.C. 74a-13(a)) is amended by striking
    ``the chair of the Republican Conference'' and inserting the following:
    ``the Speaker of the House of Representatives (or, if the Speaker is
    not a member of the Republican Party, the Minority Leader of the House
    of Representatives)''.
        (b) Section 109(b) of such Act (2 U.S.C. 74a-13(b)) is amended by
    striking the period at the end and inserting the following: ``, and
    which shall be obligated and expended as directed by the Speaker (or,
    if the Speaker is not a member of the Republican party, the Minority
    Leader).''.
        (c) The amendment made by subsection (a) shall apply with respect
    to fiscal year 2012 and each succeeding fiscal year.

       Authority of Speaker and Minority Leader to Allocate Funds Among
                        Certain House Leadership Offices

        Sec. 103. (a) Authority of Speaker.--
            (1) Authority described.--Notwithstanding any other provision
        of law (including any provision of law that sets forth an allowance
        for official expenses), the amount appropriated or otherwise made
        available during a Congress for the salaries and expenses of any
        office or authority described in paragraph (2) shall be the amount
        allocated for such office or authority by the Speaker of the House
        of Representatives from the aggregate amount appropriated or
        otherwise made available for all such offices and authorities.
            (2) Offices and authorities described.--The offices and
        authorities described in this paragraph are as follows:
                (A) The Office of the Speaker.
                (B) The Speaker's Office for Legislative Floor Activities.
                (C) The Republican Steering Committee (if the Speaker is a
            member of the Republican party) or the Democratic Steering and
            Policy Committee (if the Speaker is a member of the Democratic
            party).
                (D) The Republican Policy Committee (if the Speaker is a
            member of the Republican party).
                (E) Training and program development--majority (as
            described under the heading ``House leadership offices'' in the
            most recent bill making appropriations for the legislative
            branch that was enacted prior to the date of the enactment of
            this Act).
                (F) Cloakroom personnel--majority (as so described).
        (b) Authority of Minority Leader.--
            (1) Authority described.--Notwithstanding any other provision
        of law (including any provision of law that sets forth an allowance
        for official expenses), the amount appropriated or otherwise made
        available during a Congress for the salaries and expenses of any
        office or authority described in paragraph (2) shall be the amount
        allocated for such office or authority by the Minority Leader of
        the House of Representatives from the aggregate amount appropriated
        or otherwise made available for all such offices and authorities.
            (2) Offices and authorities described.--The offices and
        authorities described in this paragraph are as follows:
                (A) The Office of the Minority Leader.
                (B) The Democratic Steering and Policy Committee (if the
            Minority Leader is a member of the Democratic party) or the
            Republican Steering Committee (if the Minority Leader is a
            member of the Republican party).
                (C) The Republican Policy Committee (if the Minority Leader
            is a member of the Republican party).
                (D) Training and program development--minority (as
            described under the heading ``House leadership offices'' in the
            most recent bill making appropriations for the legislative
            branch that was enacted prior to the date of the enactment of
            this Act).
                (E) Cloakroom personnel--minority (as so described).
                (F) Nine minority employees (as so described).
        (c) Effective Date.--This section shall apply with respect to any
    months occurring during the One Hundred Twelfth Congress that begin
    after the date of the enactment of this Act, and to any succeeding
    Congress.

     Republican Conference and the Democratic Steering and Policy Committee

        Sec. 104. (a) Section 103(b) of the Legislative Branch
    Appropriations Act, 1999 (2 U.S.C. 74a-8(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking
        ``Subject to the allocation described in subsection (c), funds''
        and inserting ``Funds'';
            (2) in paragraph (1), by striking ``direct;'' and inserting the
        following: ``direct (or, if the Speaker is not a member of the
        Republican Party, under such terms and conditions as the Minority
        Leader of the House of Representatives may direct);''; and
            (3) in paragraph (2), by striking ``direct.'' and inserting the
        following: ``direct (or, if the Speaker is a member of the
        Democratic Party, under such terms and conditions as the Speaker
        may direct).''.
        (b) Section 103 of such Act (2 U.S.C. 74a-8(c)) is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
        (c) The amendments made by this section shall take effect as if
    included in the enactment of the Legislative Branch Appropriations Act,
    1999.

      Transfer of House Emergency Planning, Preparedness, and Operations
                         Functions to Sergeant at Arms

        Sec. 105.  Effective February 1, 2010--
            (1) section 905 of the Emergency Supplemental Act, 2002 (2
        U.S.C. 130i) is repealed; and
            (2) the functions and responsibilities of the Office of
        Emergency Planning, Preparedness and Operations under section 905
        of such Act are transferred and assigned to the Sergeant at Arms of
        the House of Representatives.

                                  JOINT ITEMS

        For Joint Committees, as follows:

                            Joint Economic Committee

        For salaries and expenses of the Joint Economic Committee,
    $4,203,000, to be disbursed by the Secretary of the Senate.

         Joint Congressional Committee on Inaugural Ceremonies of 2013

        For salaries and expenses associated with conducting the inaugural
    ceremonies of the President and Vice President of the United States,
    January 20, 2013, in accordance with such program as may be adopted by
    the joint congressional committee authorized to conduct the inaugural
    ceremonies of 2013, $1,237,000 to be disbursed by the Secretary of the
    Senate and to remain available until September 30, 2013. Funds made
    available under this heading shall be available for payment, on a
    direct or reimbursable basis, whether incurred on, before, or after,
    October 1, 2012:  Provided, That the compensation of any employee of
    the Committee on Rules and Administration of the Senate who has been
    designated to perform service with respect to the inaugural ceremonies
    of 2013 shall continue to be paid by the Committee on Rules and
    Administration, but the account from which such staff member is paid
    may be reimbursed for the services of the staff member (including
    agency contributions when appropriate) out of funds made available
    under this heading.

                          Joint Committee on Taxation

        For salaries and expenses of the Joint Committee on Taxation,
    $10,004,000, to be disbursed by the Chief Administrative Officer of the
    House of Representatives.
        For other joint items, as follows:

                       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 2 assistants and $580 per month each not
    to exceed 11 assistants on the basis heretofore provided for such
    assistants; and (5) $2,427,000 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, $3,400,000, 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, $1,363,000, to be disbursed by the Secretary of
    the Senate.

                            administrative provision

        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 differential, and Government contributions
    for health, retirement, social security, professional liability
    insurance, and other applicable employee benefits, $277,133,000, 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, $63,004,000, of which
    $2,400,000 shall remain available until September 30, 2014, 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 2012 shall be paid by the Secretary of
    Homeland Security from funds available to the Department of Homeland
    Security.

                           Administrative Provisions

                         (including transfer of funds)

        Sec. 1101.  Amounts appropriated for fiscal year 2012 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.

      waiver by chief of capitol police of claims arising out of erroneous
                       payments to officers and employees

        Sec. 1102.  (a) Waiver of Claim.--Subject to the joint approval of
    the Chief Administrative Officer of the House of Representatives and
    the Secretary of the Senate, the Chief of the United States Capitol
    Police may waive in whole or in part a claim of the United States
    against a person arising out of an erroneous payment of any pay or
    allowances, other than travel and transportation expenses and
    allowances, to an officer, member, or employee of the United States
    Capitol Police, if the collection of the claim would be against equity
    and good conscience and not in the best interests of the United States.
        (b) Investigation of Application; Report.--The Chief shall
    investigate each application for the waiver of a claim under subsection
    (a) and shall submit a written report of the investigation, including a
    description of the facts and circumstances of the claim, to the Chief
    Administrative Officer of the House of Representatives and the
    Secretary of the Senate, except that if the aggregate amount of the
    claim involved exceeds $1,500, the Comptroller General may also
    investigate the application and submit a written report of the
    investigation, including a description of the facts and circumstances
    of the claim, to the Chief Administrative Officer of the House of
    Representatives and the Secretary of the Senate.
        (c) Prohibition of Waiver Under Certain Circumstances.--The Chief
    may not exercise the authority to waive a claim under subsection (a)
    if--
            (1) in the Chief's opinion, there exists in connection with the
        claim an indication of fraud, misrepresentation, fault, or lack of
        good faith on the part of the officer, member, or employee involved
        or of any other person having an interest in obtaining a waiver of
        the claim; or
            (2) the Chief receives the application for the waiver after the
        expiration of the 3-year period that begins on the date on which
        the erroneous payment of pay or allowances was discovered.
        (d) Credit for Waiver.--In the audit and settlement of accounts of
    any accountable officer or official, full credit shall be given for any
    amounts with respect to which collection by the United States is waived
    under subsection (a).
        (e) Effect of Waiver.--An erroneous payment, the collection of
    which is waived under subsection (a), is deemed a valid payment for all
    purposes.
        (f) Construction With Other Laws.--This section does not affect any
    authority under any other law to litigate, settle, compromise, or waive
    any claim of the United States.
        (g) Rules and Regulations.--Subject to the approval of the Chief
    Administrative Officer of the House of Representatives and the
    Secretary of the Senate, the Chief shall promulgate rules and
    regulations to carry out this section.
        (h) Effective Date.--This section shall apply with respect to
    payments of pay and allowances made at any time after the Chief became
    the disbursing officer for the United States Capitol Police pursuant to
    section 1018(a) of the Legislative Branch Appropriations Act, 2003 (2
    U.S.C. 1907(a)).

                              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), $3,817,000, of which $700,000 shall remain
    available until September 30, 2013:  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, $43,787,000.

                            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, $101,340,000, of which $3,749,000 shall remain
    available until September 30, 2016.

                                Capitol Building

        For all necessary expenses for the maintenance, care and operation
    of the Capitol, $36,154,000, of which $11,063,000 shall remain
    available until September 30, 2016.

                                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, $9,852,000.

                            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, $71,128,000, of which $13,128,000 shall remain available until
    September 30, 2016.

                             House Office Buildings

        For all necessary expenses for the maintenance, care and operation
    of the House office buildings, $94,154,000, of which $45,631,000 shall
    remain available until September 30, 2016.
        In addition, for a payment to the House Historic Buildings
    Revitalization Trust Fund, $30,000,000, shall 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, $123,229,000, of which $37,617,000 shall remain
    available until September 30, 2016:  Provided, That not more than
    $9,000,000 of the funds credited or to be reimbursed to this
    appropriation as herein provided shall be available for obligation
    during fiscal year 2012.

                         Library Buildings and Grounds

        For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and grounds,
    $46,876,000, of which $21,116,000 shall remain available until
    September 30, 2016.

                 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, $21,500,000, of which $3,473,000 shall remain
    available until September 30, 2016.

                                 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, maintenance, repair, and
    operation of a passenger motor vehicle; all under the direction of the
    Joint Committee on the Library, $12,000,000:  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, $21,276,000.

                           Administrative Provisions

                         (including transfer of funds)

        use of construction project funds to reimburse capitol police for
                             related overtime costs

        Sec. 1201.  (a) Payment of Overtime Costs.--The Architect of the
    Capitol shall transfer amounts made available for construction projects
    during a fiscal year to the applicable appropriations accounts of the
    United States Capitol Police in order to reimburse the Capitol Police
    for overtime costs incurred in connection with such projects.
        (b) Effective Date.--This section shall apply with respect to
    fiscal year 2013 and each succeeding fiscal year.

                       transfer to architect of the capitol

        Sec. 1202.  (a) Transfer.--To the extent that the Director of the
    National Park Service has jurisdiction and control over any portion of
    the area described in subsection (b) and any monument or other facility
    which is located within such area, such jurisdiction and control is
    hereby transferred to the Architect of the Capitol as of the date of
    the enactment of this Act.
        (b) Area Described.--The area described in this subsection is the
    property which is bounded on the north by Pennsylvania Avenue
    Northwest, on the east by First Street Northwest and First Street
    Southwest, on the south by Maryland Avenue Southwest, and on the west
    by Third Street Southwest and Third Street Northwest.

                              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, $420,093,000, of which not
    more than $6,000,000 shall be derived from collections credited to this
    appropriation during fiscal year 2012, 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 2012 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, $6,959,000 shall remain available until
    expended for the digital collections and educational curricula program.

                                Copyright Office

                             Salaries and Expenses

        For all necessary expenses of the Copyright Office, $51,650,000, of
    which not more than $28,029,000, to remain available until expended,
    shall be derived from collections credited to this appropriation during
    fiscal year 2012 under section 708(d) of title 17, United States Code:
    Provided, That not more than $2,000,000 shall be derived from prior
    year available unobligated balances:  Provided further, 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 $5,484,000 shall be derived from collections during
    fiscal year 2012 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 and
    prior year available unobligated balances are less than $35,513,000:
    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 all 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, $106,790,000:  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), $50,674,000:  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 2012, the obligational
    authority of the Library of Congress for the activities described in
    subsection (b) may not exceed $169,725,000.
        (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 2012, 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
    2012 for the Library of Congress may be transferred during fiscal year
    2012 between any of the headings under the heading ``Library of
    Congress'' upon the approval of the Committees on Appropriations of the
    House of Representatives and the Senate.
        (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 2012 may be transferred from
    that account by all transfers made under subsection (a).

               funds available for workers compensation payments

        Sec. 1303. (a) In General.--Available balances of expired Library
    of Congress appropriations 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 2012 and each fiscal year thereafter.

       permitting use of proceeds from disposition of surplus or obsolete
                               personal property

        Sec. 1304.  (a) Disposition of Property.--Within the limits of
    available appropriations, the Librarian of Congress may dispose of
    surplus or obsolete personal property of the Library of Congress by
    interagency transfer, donation, sale, trade-in, or other appropriate
    method.
        (b) Use of Proceeds.--Any amounts received by the Librarian of
    Congress from the disposition of property under subsection (a) shall be
    credited to the funds available for the operations of the Library of
    Congress, and shall be available to acquire the same or similar
    property during the fiscal year in which the amounts are received and
    the following fiscal year.
        (c) Effective Date.--This section shall apply with respect to
    fiscal year 2012 and each succeeding fiscal year.

                           GOVERNMENT PRINTING OFFICE

                       Congressional Printing and Binding

                         (including transfer of funds)

        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, $90,700,000:  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:  Provided further, That notwithstanding
    sections 901, 902, and 906 of title 44, United States Code, this
    appropriation may be used to prepare indexes to the Congressional
    Record on only a monthly and session basis.

                     Office of Superintendent of Documents

                             salaries and expenses

                         (including transfer of funds)

        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, $35,000,000:  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 2010 and 2011 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,
    $500,000 for information technology development:  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, $511,296,000:  Provided, That, in addition,
    $22,304,000 of payments received under sections 782, 3521, and 9105 of
    title 31, United States Code, shall be available without fiscal year
    limitation:  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.

                            Administrative Provision

        Sec. 1401. (a) Section 210 of the Legislative Branch Appropriations
    Act, 2005 (2 U.S.C. 60q) is amended--
            (1) by striking subsection (d); and
            (2) in subsection (f)(2)(A), by striking ``United States Code''
        and inserting ``United States Code, but excluding the Government
        Accountability Office''.
        (b) Section 3521(1) of title 5, United States Code, is amended by
    striking ``section 105'' and inserting ``section 105 (other than the
    Government Accountability Office)''.
        (c) The amendments made by this section shall apply with respect to
    voluntary separation incentive payments made during fiscal year 2012 or
    any succeeding fiscal year.

                    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),
    $10,000,000.

       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 2012 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 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.
        Sec. 210.  None of the funds made available in this Act may be used
    to deliver a printed copy of a bill, joint resolution, or resolution to
    the office of a Member of the House of Representatives (including a
    Delegate or Resident Commissioner to the Congress) unless the Member
    requests a copy.
        Sec. 211.  None of the funds made available by this Act may be used
    to deliver a printed copy of any version of the Congressional Record to
    the office of a Member of the House of Representatives (including a
    Delegate or Resident Commissioner to the Congress).
        Sec. 212.  None of the funds made available in this Act may be used
    by the Chief Administrative Officer of the House of Representatives to
    make any payments from any Members' Representational Allowance for the
    leasing of a vehicle, excluding mobile district offices, in an
    aggregate amount that exceeds $1,000 for the vehicle in any month.
        This division may be cited as the ``Legislative Branch
    Appropriations Act, 2012''.

      DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2012

                                    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, $3,006,491,000, to remain
    available until September 30, 2016:  Provided, That of this amount, not
    to exceed $229,741,000 shall be available for study, planning, design,
    architect and engineer services, and host nation support, as authorized
    by law, unless the Secretary of 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.

                  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, $2,112,823,000, to remain available until September 30,
    2016:  Provided, That of this amount, not to exceed $84,362,000 shall
    be available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of 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, $1,227,058,000, to remain available until September 30, 2016:
    Provided, That of this amount, not to exceed $81,913,000 shall be
    available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of 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 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,
    $3,431,957,000, to remain available until September 30, 2016:
    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 $430,602,000 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, $24,118,000 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 the Department of Defense shall not award a
    design contract to exceed the 20 percent design level for the Landstuhl
    Regional Medical Center in Germany until the Secretary of Defense: (1)
    provides the Committees on Appropriations of the House of
    Representatives and the Senate a plan for implementing the
    recommendations of the Government Accountability Office with respect to
    the plans, baseline data, and estimated cost of the facility; and (2)
    certifies in writing to the Committees that the facility is properly
    sized and scoped to meet current and projected healthcare requirements.

                   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, $773,592,000, to remain available until September
    30, 2016:  Provided, That of the amount appropriated, not to exceed
    $20,671,000 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.

                   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, $116,246,000, to remain available until September
    30, 2016:  Provided, That of the amount appropriated, not to exceed
    $12,225,000 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.

                      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, $280,549,000, to
    remain available until September 30, 2016:  Provided, That of the
    amount appropriated, not to exceed $28,924,000 shall be available for
    study, planning, design, and architect and engineer services, as
    authorized by law, unless the Chief of the Army Reserve 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, 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, $26,299,000, to remain available until September
    30, 2016:  Provided, That of the amount appropriated, not to exceed
    $2,591,000 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 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, $33,620,000, to
    remain available until September 30, 2016:  Provided, That of the
    amount appropriated, not to exceed $2,200,000 shall be available for
    study, planning, design, and architect and engineer services, as
    authorized by law, unless the Chief of the Air Force Reserve 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.

                       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, $247,611,000, to remain available until expended.

                       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, $176,897,000, to remain available
    until September 30, 2016.

                 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, $493,458,000.

               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, $100,972,000, to
    remain available until September 30, 2016.

        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, $367,863,000.

                     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, $60,042,000, to remain available
    until September 30, 2016.

              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, $429,523,000.

             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, $50,723,000.

             Department of Defense Family Housing Improvement Fund

        For the Department of Defense Family Housing Improvement Fund,
    $2,184,000, 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), $1,284,000, to remain available until expended:  Provided, That
    the Secretary of Defense shall not issue any regulation or otherwise
    take any action to limit the submission prior to September 30, 2012, of
    applications for benefits, including permanent change of station
    benefits, as provided under section 1013 of the Demonstration Cities
    and Metropolitan Development Act of 1966, (42 U.S.C. 3374), as amended.

              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, $75,312,000,
    to remain available until September 30, 2016, 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), $323,543,000, to remain
    available until expended.

                Department of Defense Base Closure Account 2005

        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), $258,776,000, 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.

                           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 shall inform the appropriate
    committees of both Houses of Congress, including the Committees on
    Appropriations, of 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.

                         (including transfer of funds)

        Sec. 120.  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. 121.  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
    operation and maintenance expenditures for each individual general or
    flag officer quarters for the prior fiscal year.
        Sec. 122.  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. 123.  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. 124.  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. 125.  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 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. 126. (a) Notwithstanding any other provision of law, the
    Secretary of the Army shall close Umatilla Chemical Depot, Oregon, not
    later than 1 year after the completion of chemical demilitarization
    activities required under the Chemical Weapons Convention.
        (b) The closure of the Umatilla Chemical Depot, Oregon, and
    subsequent management and property disposal shall be carried out in
    accordance with procedures and authorities contained in the Defense
    Base Closure and Realignment Act of 1990 (part A of title XXIX of
    Public Law 110-510; 10 U.S.C. 2687 note).
        (c) Nothing in this section shall be construed to affect or limit
    the application of, or any obligation to comply with, any environmental
    law, including the Comprehensive Environmental Response, Compensation,
    and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste
    Disposal Act (42 U.S.C. 6901 et seq.).
        (d) The Secretary of the Army may retain minimum essential ranges,
    facilities, and training areas at Umatilla Chemical Depot, totaling
    approximately 7,500 acres, as a training enclave for the reserve
    components of the Armed Forces to permit the conduct of individual and
    annual training.
        Sec. 127.  None of the funds made available by this Act may be used
    by the Secretary of Defense to take beneficial occupancy of more than
    2,000 parking spaces (other than handicap-reserved spaces) to be
    provided by the BRAC 133 project:  Provided, That this limitation may
    be waived in part if: (1) the Secretary of Defense certifies to
    Congress that levels of service at existing intersections in the
    vicinity of the project have not experienced failing levels of service
    as defined by the Transportation Research Board Highway Capacity Manual
    over a consecutive 90-day period; (2) the Department of Defense and the
    Virginia Department of Transportation agree on the number of additional
    parking spaces that may be made available to employees of the facility
    subject to continued 90-day traffic monitoring; and (3) the Secretary
    of Defense notifies the congressional defense committees in writing at
    least 14 days prior to exercising this waiver of the number of
    additional parking spaces to be made available:  Provided further, That
    the Secretary of Defense shall implement the Department of Defense
    Inspector General recommendations outlined in report number DODIG-2012-
    024, and certify to Congress not later than 180 days after enactment of
    this Act that the recommendations have been implemented.
        Sec. 128.  None of the funds appropriated or otherwise made
    available by this title may be obligated or expended for a permanent
    United States Africa Command headquarters outside of the United States
    until the Secretary of Defense provides the congressional defense
    committees an analysis of all military construction costs associated
    with establishing a permanent location overseas versus in the United
    States.
        Sec. 129.  None of the funds made available by this Act may be used
    for any action that relates to or promotes the expansion of the
    boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
        Sec. 130. (a) Except as provided in subsection (b), none of the
    funds made available in this Act may be used by the Secretary of the
    Army to relocate a unit in the Army that--
            (1) performs a testing mission or function that is not
        performed by any other unit in the Army and is specifically
        stipulated in title 10, United States Code; and
            (2) is located at a military installation at which the total
        number of civilian employees of the Department of the Army and Army
        contractor personnel employed exceeds 10 percent of the total
        number of members of the regular and reserve components of the Army
        assigned to the installation.
        (b) Exception.--Subsection (a) shall not apply if the Secretary of
    the Army certifies to the congressional defense committees that in
    proposing the relocation of the unit of the Army, the Secretary
    complied with Army Regulation 5-10 relating to the policy, procedures,
    and responsibilities for Army stationing actions.

                        (including rescissions of funds)

        Sec. 131.  Of the unobligated balances available under the
    following headings from prior appropriations Acts (other than
    appropriations designated by law as being for contingency operations
    directly related to the global war on terrorism or as an emergency
    requirement), the following amounts are hereby rescinded: ``Military
    Construction, Army'', $100,000,000; ``Military Construction, Navy and
    Marine Corps'', $25,000,000; ``Military Construction, Air Force'',
    $32,000,000; and ``Military Construction, Defense-Wide'', $131,400,000.

                        (including rescission of funds)

        Sec. 132.  Of the unobligated balances available for ``Department
    of Defense Base Closure Account 2005'', from prior appropriations Acts
    (other than appropriations designated by law as being for contingency
    operations directly related to the global war on terrorism or as an
    emergency requirement), $258,776,000 are hereby rescinded.

                                    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,
    $51,237,567,000, to remain available until expended:  Provided, That
    not to exceed $32,187,000 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,
    $12,108,488,000, 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 chapters 19 and 21,
    title 38, United States Code, $100,252,000, 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 2012, 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, $154,698,000.

                vocational rehabilitation loans program account

        For the cost of direct loans, $19,000, as authorized by chapter 31
    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 funds
    made available under this heading are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $3,019,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $343,000, 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, $1,116,000.

                         Veterans Health Administration

                                medical services

        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 the Caregivers and
    Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
    Stat. 1174; 38 U.S.C. 7681 note) $41,354,000,000, plus reimbursements,
    shall become available on October 1, 2012, and shall remain available
    until September 30, 2013:  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.);
    $5,746,000,000, plus reimbursements, shall become available on October
    1, 2012, and shall remain available until September 30, 2013.

                               medical facilities

        For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, 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, $5,441,000,000, plus
    reimbursements, shall become available on October 1, 2012, and shall
    remain available until September 30, 2013.

                        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, $581,000,000, plus reimbursements, shall
    remain available until September 30, 2013.

                        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, $250,934,000, of which not to exceed
    $25,100,000 shall remain available until September 30, 2013:  Provided,
    That none of the funds under this heading may be used to expand the
    Urban Initiative project beyond those sites outlined in the fiscal year
    2012 or previous budget submissions until the National Cemetery
    Administration submits to the Committees on Appropriations of both
    Houses of Congress a detailed strategy to serve the burial needs of
    veterans residing in rural and highly rural areas:  Provided further,
    That the report shall include a timeline for implementation of such
    strategy and cost estimates of establishing new burial sites in at
    least five rural or highly rural locations.

                          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, $416,737,000, of which not to exceed
    $20,837,000 shall remain available until September 30, 2013:  Provided,
    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, reimbursement of the General Services Administration
    for security guard services, and reimbursement of the Department of
    Defense for the cost of overseas employee mail, $2,018,764,000:
    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 $105,000,000 shall
    remain available until September 30, 2013:  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,
    $3,111,376,000, plus reimbursements:  Provided, That $915,000,000 shall
    be for pay and associated costs, of which not to exceed $25,000,000
    shall remain available until September 30, 2013:  Provided further,
    That $1,616,018,000 shall be for operations and maintenance, of which
    not to exceed $110,000,000 shall remain available until September 30,
    2013:  Provided further, That $580,358,000 shall be for information
    technology systems development, modernization, and enhancement, and
    shall remain available until September 30, 2013:  Provided further,
    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 amounts made available for information technology systems
    development, modernization, and enhancement 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:  Provided further, That amounts
    made available for salaries and expenses, operations and maintenance,
    and information technology systems development, modernization, and
    enhancement may be transferred among the three subaccounts after the
    Secretary of Veterans Affairs 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 the funds
    made available under this heading for information technology systems
    development, modernization, and enhancement, shall be for the projects,
    and in the amounts, specified under this heading in the Joint
    Explanatory Statement of the Committee of Conference.

                          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.), $112,391,000, of which
    $6,000,000 shall remain available until September 30, 2013.

                          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 for a project were made
    available in a previous major project appropriation, $589,604,000, to
    remain available until expended, of which $5,000,000 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 2012, for each
    approved project shall be obligated: (1) by the awarding of a
    construction documents contract by September 30, 2012; and (2) by the
    awarding of a construction contract by September 30, 2013:  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.

                          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,
    $482,386,000, 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 veterans cemeteries

        For grants to assist States and tribal governments in establishing,
    expanding, or improving 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 2012 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 2012, 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 2011.
        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 2012, 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 2012 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 2012 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
    $42,904,000 for the Office of Resolution Management and $3,360,000 for
    the Office of Employment and 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
    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 2012, 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 for development, modernization, and enhancement may
    be transferred between projects or to newly defined 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.  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. 223.  Of the amounts made available to the Department of
    Veterans Affairs for fiscal year 2012, 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. 224.  Of the amounts appropriated to the Department of
    Veterans Affairs for fiscal year 2012 for ``Medical services'',
    ``Medical support and compliance'', ``Medical facilities'',
    ``Construction, minor projects'', and ``Information technology
    systems'', up to $241,666,000, plus reimbursements, may be transferred
    to the Joint Department of Defense-Department of Veterans Affairs
    Medical Facility Demonstration Fund, established by section 1704 of the
    National Defense Authorization Act for Fiscal Year 2010 (Public Law
    111-84; 123 Stat. 3571) and may be used for operation of the facilities
    designated as combined Federal medical facilities as described by
    section 706 of the Duncan Hunter National Defense Authorization Act for
    Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500):  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. 225.  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 facilities designated as combined
    Federal medical facilities as described by section 706 of the Duncan
    Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
    Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
    to the Joint Department of Defense-Department of Veterans Affairs
    Medical Facility Demonstration Fund, established by section 1704 of the
    National Defense Authorization Act for Fiscal Year 2010 (Public Law
    111-84; 123 Stat. 3571); and (2) for operations of the facilities
    designated as combined Federal medical facilities as described by
    section 706 of the Duncan Hunter National Defense Authorization Act for
    Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).

                         (including transfer of funds)

        Sec. 226.  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
    DOD-VA 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 rescissions of funds)

        Sec. 227. (a) Of the funds appropriated in title X of division B of
    Public Law 112-10, the following amounts which became available on
    October 1, 2011, are hereby rescinded from the following accounts in
    the amounts specified:
            (1) ``Department of Veterans Affairs, Medical services'',
        $1,400,000,000.
            (2) ``Department of Veterans Affairs, Medical support and
        compliance'', $100,000,000.
            (3) ``Department of Veterans Affairs, Medical facilities'',
        $250,000,000.
        (b) In addition to amounts provided elsewhere in this Act, an
    additional amount is appropriated to the following accounts in the
    amounts specified to remain available until September 30, 2013:
            (1) ``Department of Veterans Affairs, Medical services'',
        $1,400,000,000.
            (2) ``Department of Veterans Affairs, Medical support and
        compliance'', $100,000,000.
            (3) ``Department of Veterans Affairs, Medical facilities'',
        $250,000,000.
        Sec. 228.  The Secretary of the Department of Veterans Affairs
    shall notify the Committees on Appropriations of both Houses of
    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. 229.  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. 230. (a) Exception With Respect to Confidential Nature of
    Claims.--Section 5701 of title 38, United States Code, is amended by
    adding at the end the following new subsection:
        ``(l) Under regulations the Secretary shall prescribe, the
    Secretary may disclose information about a veteran or the dependent of
    a veteran to a State controlled substance monitoring program, including
    a program approved by the Secretary of Health and Human Services under
    section 399O of the Public Health Service Act (42 U.S.C. 280g-3), to
    the extent necessary to prevent misuse and diversion of prescription
    medicines.''.
        (b) Exception With Respect to Confidentiality of Certain Medical
    Records.--Section 7332(b)(2) of title 38, United States Code, is
    amended by adding at the end the following new subparagraph:
                ``(G) To a State controlled substance monitoring program,
            including a program approved by the Secretary of Health and
            Human Services under section 399O of the Public Health Service
            Act (42 U.S.C. 280g-3), to the extent necessary to prevent
            misuse and diversion of prescription medicines.''.
        Sec. 231.  The Secretary of Veterans Affairs shall provide on a
    quarterly basis to the Committees on Appropriations of both Houses of
    Congress notification of any single national outreach and awareness
    marketing campaign in which obligations exceed $2,000,000. The first
    report shall be submitted no later than April 15, 2012.
        Sec. 232.  None of the funds made available by this Act may be used
    to declare as excess to the needs of the Department of Veterans Affairs
    or otherwise take any action to exchange, trade, auction, transfer, or
    otherwise dispose of, or reduce the acreage of, Federal land and
    improvements at the St. Albans campus, consisting of approximately 55
    acres of land, with borders near Linden Boulevard on the northwest,
    115th Avenue on the west, the Long Island Railroad on the northeast,
    and Baisley Boulevard on the southeast.
        Sec. 233.  None of the funds made available in this Act may be used
    to enter into a contract using procedures that do not give to small
    business concerns owned and controlled by veterans (as that term is
    defined in section 3(q)(3) of the Small Business Act (15 U.S.C.
    632(q)(3)) that are included in the database under section 8127(f) of
    title 38, United States Code, any preference available with respect to
    such contract, except for a preference given to small business concerns
    owned and controlled by service-disabled veterans (as defined in
    section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).
        Sec. 234.  Section 315(b) of title 38, United States Code, is
    amended by striking ``December 31, 2011'' and inserting ``December 31,
    2012''.

                                   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, $61,100,000, 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, $30,770,000:  Provided, That
    $2,726,323 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 or lease of
    passenger motor vehicles for replacement on a one-for-one basis only,
    and not to exceed $1,000 for official reception and representation
    expenses, $45,800,000, to remain available until expended. 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, $67,700,000, 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.

               general fund payment, armed forces retirement home

        For payment to the ``Armed Forces Retirement Home'', $14,630,000,
    to remain available until expended, for expenses necessary to mitigate
    structural damage sustained to buildings on the Armed Forces Retirement
    Home--Washington, District of Columbia, campus as a result of the
    August 2011 earthquake.

                                    TITLE IV

                        OVERSEAS CONTINGENCY OPERATIONS

                             DEPARTMENT OF DEFENSE

                          Military Construction, Army

        For an additional amount for ``Military Construction, Army'',
    $80,000,000, to remain available until September 30, 2012:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                  Military Construction, Navy and Marine Corps

        For an additional amount for ``Military Construction, Navy and
    Marine Corps'', $189,703,000, to remain available until September 30,
    2012:  Provided, That such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                           Administrative Provisions

                        (including rescission of funds)

        Sec. 401.  Of the unobligated balances in title IV, division E of
    Public Law 111-117, $269,703,000 are hereby rescinded:  Provided, That
    such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                                    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.  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. 503.  Such sums as may be necessary for fiscal year 2012 for
    pay raises for programs funded by this Act shall be absorbed within the
    levels appropriated in this Act.
        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.  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. 507.  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 or any other appropriations Act.
        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. (a) None of the funds made available in this Act may be
    used to maintain or establish a computer network unless such network
    blocks the viewing, downloading, and exchanging of pornography.
        (b) Nothing in subsection (a) shall limit the use of funds
    necessary for any Federal, State, tribal, or local law enforcement
    agency or any other entity carrying out criminal investigations,
    prosecution, or adjudication activities.
        Sec. 511. (a) In General.--None of the funds appropriated or
    otherwise made available to the Department of Defense in this Act may
    be used to construct, renovate, or expand any facility in the United
    States, its territories, or possessions to house any individual
    detained at United States Naval Station, Guantanamo Bay, Cuba, for the
    purposes of detention or imprisonment in the custody or under the
    control of the Department of Defense.
        (b) The prohibition in subsection (a) shall not apply to any
    modification of facilities at United States Naval Station, Guantanamo
    Bay, Cuba.
        (c) An individual described in this subsection is any individual
    who, as of June 24, 2009, is located at United States Naval Station,
    Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the
        Armed Forces of the United States; and
            (2) is--
                (A) in the custody or under the effective control of the
            Department of Defense; or
                (B) otherwise under detention at United States Naval
            Station, Guantanamo Bay, Cuba.
        Sec. 512.  None of the funds appropriated or otherwise made
    available in this Act may be used by an agency of the executive branch
    to pay for first-class travel by an employee of the agency in
    contravention of sections 301-10.122 through 301-10.124 of title 41,
    Code of Federal Regulations.
        Sec. 513.  None of the funds provided in this Act may be used to
    execute a contract for goods or services, including construction
    services, where the contractor has not complied with Executive Order
    No. 12989.
        Sec. 514.  None of the funds made available by this Act may be used
    to enter into a contract, memorandum of understanding, or cooperative
    agreement with, or to make a grant to, any corporation that was
    convicted of a felony criminal violation under any Federal or State law
    within the preceding 24 months, where the awarding agency is aware of
    the conviction, unless the agency has considered suspension or
    debarment of the corporation and made a determination that this further
    action is not necessary to protect the interests of the Government.
         This division may be cited as the ``Military Construction and
    Veterans Affairs, and Related Agencies Appropriations Act, 2012''.

       DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
                       PROGRAMS APPROPRIATIONS ACT, 2012

                                    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, $6,550,947,000, of which up to
    $1,355,000,000 is for Worldwide Security Protection (to remain
    available until expended):  Provided, 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, $2,277,862,000, to remain available until
        September 30, 2013, of which not less than $121,814,000 shall be
        available only for public diplomacy American salaries, and up to
        $203,800,000 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, $2,109,293,000, to remain available until
        September 30, 2013, of which not less than $347,572,000 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,
        $822,513,000, to remain available until September 30, 2013.
            (4) Security programs.--For necessary expenses for security
        activities, $1,341,279,000, to remain available until September 30,
        2013, of which up to $1,151,200,000 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 $1,753,991 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, $520,150, 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
            $5,000,000, 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 other matters.--
                (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 $10,000,000 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; and
                (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) Of the amount made available under this heading, up to
            $6,000,000 may be transferred to, and merged with, funds made
            available by this Act under the heading ``Department of State,
            Administration of Foreign Affairs, Capital Investment Fund'':
            Provided, That the transfer authority of this subparagraph is
            in addition to any other transfer authority available to the
            Secretary of State.
                (E)(i) The headings ``Civilian Stabilization Initiative''
            in titles I and II of prior acts making appropriations for the
            Department of State, foreign operations, and related programs
            shall be renamed ``Conflict Stabilization Operations''.
                (ii) Of the funds appropriated under this heading, up to
            $35,000,000, to remain available until expended, may be
            transferred to, and merged with, funds previously made
            available under the heading ``Conflict Stabilization
            Operations'' in title I of prior acts making appropriations for
            the Department of State, foreign operations and related
            programs, as amended by subparagraph (i).
                (F) None of the funds appropriated under this heading may
            be used for the preservation of religious sites unless the
            Secretary of State determines and reports to the Committees on
            Appropriations that such sites are historically, artistically,
            or culturally significant, that the purpose of the project is
            neither to advance nor to inhibit the free exercise of
            religion, and that the project is in the national interest of
            the United States.

                            capital investment fund

        For necessary expenses of the Capital Investment Fund, $59,380,000,
    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,
    $61,904,000, notwithstanding section 209(a)(1) of the Foreign Service
    Act of 1980 (Public Law 96-465), as it relates to post inspections.

                   educational and cultural exchange programs

        For expenses of educational and cultural exchange programs, as
    authorized, $583,200,000, 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, $7,300,000.

                  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,
    $27,000,000, to remain available until September 30, 2013.

                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, $762,000,000, 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, $775,000,000, 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 2012.

               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,
    $9,300,000, 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, $1,447,000, as authorized, of which
    $710,000 may be made available for administrative expenses necessary to
    carry out the direct loan program and may be paid to ``Diplomatic and
    Consular Programs'':  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.

                  payment to the american institute in taiwan

        For necessary expenses to carry out the Taiwan Relations Act
    (Public Law 96-8), $21,108,000.

         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, $1,449,700,000:
    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 the Secretary of State shall report to the Committees on
    Appropriations not later than May 1, 2012, on any credits available to
    the United States from the United Nations Tax Equalization Fund (TEF)
    and provide updated fiscal year 2013 assessment costs including offsets
    from available TEF credits and updated foreign currency exchange rates:
     Provided further, That any such credits shall only be available for
    United States assessed contributions to the United Nations and shall be
    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.

            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, $1,828,182,000, of
    which 15 percent shall remain available until September 30, 2013:
    Provided, That none of the funds made available by this Act shall be
    obligated or expended for any new or expanded United Nations
    peacekeeping mission unless, at least 15 days in advance of voting for
    the new or expanded mission in the United Nations Security Council (or
    in an emergency as far in advance as is practicable), the Committees on
    Appropriations are notified: (1) of the estimated cost and duration of
    the mission, the national interest that will be served, and the exit
    strategy; (2) that the United Nations has taken necessary measures to
    prevent United Nations employees, contractor personnel, and
    peacekeeping troops serving in the mission from trafficking in persons,
    exploiting victims of trafficking, or committing acts of illegal sexual
    exploitation or other violations of human rights, and to bring to
    justice individuals who engage in such acts while participating in the
    peacekeeping mission, including prosecution in their home countries of
    such individuals in connection with such acts, and to make information
    about such cases publicly available in the country where an alleged
    crime occurs and on the United Nations' Web site; and (3) pursuant to
    section 7015 of this Act, and the procedures therein followed, setting
    forth the source of funds that will be used to pay 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 shall work with the United Nations and governments contributing
    peacekeeping troops to develop effective vetting procedures to ensure
    that such troops have not violated human rights:  Provided further,
    That none of the funds appropriated or otherwise made available under
    this heading 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:
    Provided further, That notwithstanding any other provision of law,
    funds appropriated or otherwise made available under this heading shall
    be available for United States assessed contributions up to the amount
    specified in Annex IV accompanying United Nations General Assembly
    Resolution 64/220:  Provided further, That such funds may be made
    available above the amount authorized in section 404(b)(2)(B) of the
    Foreign Relations Authorization Act, fiscal years 1994 and 1995 (22
    U.S.C. 287e note) only if the Secretary of State determines and reports
    to the Committees on Appropriations, the Committee on Foreign Affairs
    of the House of Representatives, and the Committee on Foreign Relations
    of the Senate that it is important to the national interest of the
    United States:  Provided further, That the Secretary of State shall
    report to the Committees on Appropriations not later than May 1, 2012,
    of any credits available to the United States resulting from United
    Nations peacekeeping missions or the United Nations Tax Equalization
    Fund:  Provided further, That any such credits shall only be available
    for United States assessed contributions to the United Nations and
    shall be 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, $44,722,000.

                                  construction

        For detailed plan preparation and construction of authorized
    projects, $31,453,000, 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,
    $11,687,000:  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, $36,300,000:  Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to 31 U.S.C. 3324.

                                 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, and to make and supervise grants for radio
    and television broadcasting to the Middle East, $740,100,000:
    Provided, That funds appropriated under this heading shall be made
    available to expand unrestricted access to information on the Internet
    through the development and use of circumvention and secure
    communication technologies:  Provided further, That the circumvention
    technologies and programs supported by such funds shall undergo a
    review, to include an assessment of protections against such
    technologies being used for illicit purposes:  Provided further, That
    the BBG shall coordinate the development and use of such technologies
    with the Secretary of State, as appropriate:  Provided further, That of
    the total amount appropriated under 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, 2012:  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 significant modifications to BBG broadcast hours
    previously justified to Congress, including changes to transmission
    platforms (shortwave, medium wave, satellite, Internet, 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, including to Cuba, as authorized,
    $7,030,000, 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), $17,000,000, 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, $30,589,000, to
    remain available until September 30, 2013, 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, as authorized by section 633 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
    interest and earnings accruing to such Fund on or before September 30,
    2012, 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, 2012, 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, 2012, 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,
    $16,700,000:  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, $117,764,000, 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 $17,764,000 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.

                               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, $634,000, 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),
    $3,000,000, to remain available until September 30, 2013:  Provided,
    That section 209 of the International Religious Freedom Act of 1998 (22
    U.S.C. 6436) shall be applied by substituting ``September 30, 2012''
    for ``September 30, 2011'':  Provided further, 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:  Provided further, That travel by members and
    staff of the Commission shall be arranged and conducted under the rules
    and procedures applying to travel by members and staff of the House of
    Representatives:  Provided further, That for the purposes of employment
    rights, any employee of the Commission shall be considered to be a
    congressional employee as defined in section 2107 of title 5, United
    States Code and the Commission shall be treated as a congressional
    employing office.

                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, 2013.

      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 by title III of the U.S.-
    China Relations Act of 2000 (22 U.S.C. 6911-6919), $1,996,000,
    including not more than $3,000 for the purpose of official
    representation, to remain available until September 30, 2013.

          United States-China Economic and Security Review Commission

                             salaries and expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, as authorized by section 1238 of the Floyd
    D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
    U.S.C. 7002), $3,493,000, including not more than $4,000 for the
    purpose of official representation, to remain available until September
    30, 2013:  Provided, That the authorities, requirements, limitations,
    and conditions contained in the second through sixth provisos under
    this heading in division F of Public Law 111-117 shall continue in
    effect during fiscal year 2012 and shall apply to funds appropriated
    under this heading as if included in 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, $1,092,300,000, to remain
    available until September 30, 2013, of which not less than $25,000,000
    should be for costs associated with procurement reform:  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 use of funds 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 contracts or agreements entered into with funds appropriated under
    this heading during fiscal year 2013 may entail commitments for the
    expenditure of such funds through the following fiscal year:  Provided
    further, That any decision to open a new or reorganized USAID mission,
    bureau, center, 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 any
    reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
    is less, to the cost categories in the table included under this
    heading in the joint explanatory statement accompanying this Act for
    funds appropriated under this heading, shall be subject to the regular
    notification procedures of the Committees on Appropriations:  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.

                            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, $129,700,000, to remain available until
    expended:  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, 2013, which sum 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, as follows:

                             global health programs

                         (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, $2,625,000,000, to remain available until September 30, 2013,
    and 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 funds appropriated under
    this paragraph may 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 made no later
    than 6 months after the date of enactment of this Act, and 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, $5,542,860,000, to remain
    available until September 30, 2016, which shall be apportioned directly
    to the Department of State:  Provided, That funds appropriated under
    this paragraph may 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 the amount of such contribution
    should be $1,050,000,000:  Provided further, That up to 5 percent of
    the aggregate amount of funds made available to the Global Fund in
    fiscal year 2012 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 Office
    of the United States Global AIDS Coordinator.

                             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, $2,519,950,000, to remain
    available until September 30, 2013:  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 of
    the funds appropriated under this heading, not less than $23,000,000
    shall be made available for the American Schools and Hospitals Abroad
    program, and not less than $10,000,000 shall be made available for
    USAID cooperative development programs within the Office of Private and
    Voluntary Cooperation.

                       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, $825,000,000, 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, $50,141,000, 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), in consultation with the
    Secretary of State, to support programs and activities to prevent or
    respond to emerging or unforeseen complex crises overseas, $10,000,000,
    to remain available until expended:  Provided, 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 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.

                          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, as authorized by
    sections 256 and 635 of the Foreign Assistance Act of 1961, up to
    $40,000,000 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, except that the principal amount of loans made or
    guaranteed under this heading with respect to any single country shall
    not exceed $300,000,000:  Provided further, That these funds are
    available to subsidize total loan principal, any portion of which is to
    be guaranteed, of up to $750,000,000.
        In addition, for administrative expenses to carry out credit
    programs administered by the United States Agency for International
    Development, $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, 2014.

                             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, $3,001,745,000, to
    remain available until September 30, 2013:  Provided, That of the funds
    appropriated under this heading, $250,000,000 shall be available for
    assistance for Egypt, including not less than $35,000,000 for education
    programs of which not less than $10,000,000 is for scholarships at not-
    for-profit institutions for Egyptian students with high financial need,
    and to implement section 7041(a)(3) and (b) of this Act:  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 at not-for-profit
    institutions 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 available for assistance for
    Jordan:  Provided further, That up to $30,000,000 of the funds
    appropriated for fiscal year 2011 under this heading in Public Law 112-
    10, division B, may be made available for the costs, as defined in
    section 502 of the Congressional Budget Act of 1974, of loan guarantees
    for Tunisia, which are authorized to be provided:  Provided further,
    That amounts that are made available under the previous proviso for the
    cost of guarantees shall not be considered ``assistance'' for the
    purposes of provisions of law limiting assistance to a country:
    Provided further, That of the funds appropriated under this heading,
    not less than $179,000,000 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 $7,000,000 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:  Provided further, That in consultation with the
    Secretary of the Treasury, the Secretary of State may transfer up to
    $200,000,000 of the funds made available under this heading to funds
    appropriated in this Act under the headings ``Multilateral Assistance,
    Funds Appropriated to the President, International Financial
    Institutions'' for additional payments to such institutions,
    facilities, and funds enumerated under such headings:  Provided
    further, That prior to exercising the transfer authority under the
    previous proviso the Secretary of State shall consult with the
    Committees on Appropriations.

                                 democracy fund

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the promotion of democracy globally,
    $114,770,000, to remain available until September 30, 2013, of which
    $68,000,000 shall be made available for the Human Rights and Democracy
    Fund of the Bureau of Democracy, Human Rights and Labor, Department of
    State, and $46,770,000 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, $626,718,000, to remain
    available until September 30, 2013, which shall be available,
    notwithstanding any other provision of law, for assistance and for
    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 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 carry out the provisions of section 2(a) and (b)
    of the Migration and Refugee Assistance Act of 1962, 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, $1,639,100,000, to remain available until expended, of which
    $20,000,000 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.

         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)), $27,200,000, to remain available until expended.

                              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, $375,000,000, of which $5,150,000 is
    for the Office of Inspector General, to remain available until
    September 30, 2013:  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 none of the funds appropriated under this
    heading shall be used to pay for abortions.

                        millennium challenge corporation

        For necessary expenses to carry out the provisions of the
    Millennium Challenge Act of 2003, $898,200,000 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 5 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 2012:
    Provided further, That section 605(e) 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 any funds that are deobligated from a
    Millennium Challenge Compact shall be subject to the regular
    notification procedures of the Committees on Appropriations prior to
    re-obligation:  Provided further, That notwithstanding section
    606(a)(2) of the Millennium Challenge Act of 2003, a country shall be a
    candidate country for purposes of eligibility for assistance for the
    fiscal year if the country has a per capita income equal to or below
    the World Bank's lower middle income country threshold for the fiscal
    year and is among the 75 lowest per capita income countries as
    identified by the World Bank; and the country meets the requirements of
    section 606(a)(1)(B) of the Millennium Challenge Act of 2003:  Provided
    further, That notwithstanding section 606(b)(1) of the Millennium
    Challenge Act of 2003, in addition to countries described in the
    preceding proviso, a country shall be a candidate country for purposes
    of eligibility for assistance for the fiscal year if the country has a
    per capita income equal to or below the World Bank's lower middle
    income country threshold for the fiscal year and is not among the 75
    lowest per capita income countries as identified by the World Bank; and
    the country meets the requirements of section 606(a)(1)(B) of the
    Millennium Challenge Act of 2003:  Provided further, That any
    Millennium Challenge Corporation candidate country under section 606 of
    the Millennium Challenge Act of 2003 with a per capita income that
    changes in the fiscal year such that the country would be reclassified
    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 and the two subsequent fiscal years:  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, $22,500,000, to remain available
    until September 30, 2013:  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),
    $30,000,000, to remain available until September 30, 2013:  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, $25,448,000, to remain available
    until September 30, 2014, 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 part V of the Foreign Assistance Act of 1961,
    $12,000,000, to remain available until September 30, 2013.

                                    TITLE IV

                       INTERNATIONAL SECURITY ASSISTANCE

                              Department of State

              international narcotics control and law enforcement

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $1,061,100,000, to remain available until
    September 30, 2013:  Provided, That during fiscal year 2012, 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
    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 such funds are in the national security interest of
    the United States:  Provided further, That, notwithstanding any other
    provision of law, 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 the reporting requirements contained
    in section 1404 of Public Law 110-252 shall apply to funds made
    available by this Act, including a description of modifications, if
    any, to the security strategy of the Palestinian Authority:  Provided
    further, That the provision of assistance which is comparable to
    assistance made available under this heading but which is provided
    under any other provision of law, shall be provided in accordance with
    the provisions of sections 481(b) and 622(c) of the Foreign Assistance
    Act of 1961.

        nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $590,113,000, 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 (IAEA), and for a United States
    contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
    Commission:  Provided, That the clearance of unexploded ordnance should
    prioritize areas where such ordnance was caused by the United States:
    Provided further, That of the funds made available under this heading,
    not to exceed $30,000,000, to remain available until expended, may be
    made available for the Nonproliferation and Disarmament Fund,
    notwithstanding any other provision of law and subject to prior
    consultation with, and the regular notification procedures of, the
    Committees on Appropriations, 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 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 funds appropriated under this heading may be
    made available for public-private partnerships for conventional weapons
    and mine action by grant, cooperative agreement or contract:  Provided
    further, That funds made available for demining and related activities,
    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, 2013.

                            peacekeeping operations

        For necessary expenses to carry out the provisions of section 551
    of the Foreign Assistance Act of 1961, $302,818,000:  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, not less than $28,000,000 shall
    be made available for a United States contribution to the Multinational
    Force and Observers mission in the Sinai:  Provided further, That of
    the funds appropriated under this heading, up to $91,818,000 may be
    used to pay assessed expenses of international peacekeeping activities
    in Somalia and shall be available until September 30, 2013:  Provided
    further, That funds appropriated under this Act should not be used to
    support any military training or operations that include child
    soldiers:  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, $105,788,000, of which up to
    $4,000,000 may remain available until September 30, 2013, 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 the Secretary of State shall provide to the
    Committees on Appropriations, not later than 45 days after enactment of
    this Act, a report on the proposed uses of all program funds under this
    heading on a country-by-country basis, including 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,
    $5,210,000,000:  Provided, That to expedite the provision of assistance
    to foreign 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 of the funds appropriated under this
    heading, not less than $3,075,000,000 shall be available for grants
    only for Israel, and $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 $808,725,000 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 2012 may be transferred to an interest bearing
    account for Egypt in the Federal Reserve Bank of New York:  Provided
    further, That of the funds appropriated under this heading,
    $300,000,000 shall be made available for assistance for Jordan:
    Provided further, That, not later than 90 days after enactment of this
    Act and 6 months thereafter, the Secretary of State shall submit a
    report to the Committees on Appropriations detailing any crowd control
    items, including tear gas, made available with appropriated funds or
    through export licenses to foreign security forces that the Secretary
    of State has credible information have repeatedly used excessive force
    to repress peaceful, lawful, and organized dissent:  Provided further,
    That the Secretary of State should consult with the Committees on
    Appropriations prior to obligating funds for such items to governments
    of countries undergoing democratic transition in the Middle East and
    North Africa:  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 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 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 $62,800,000 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 $836,900,000 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 2012 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.

                                    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, $348,705,000, of
    which up to $10,000,000 may be made available for the Intergovernmental
    Panel on Climate Change/United Nations Framework Convention on Climate
    Change:  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, $89,820,000, to remain available until
    expended.

           contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $1,325,000,000, to remain available until
    expended.
        For payment to the International Development Association by the
    Secretary of the Treasury for costs incurred under the Multilateral
    Debt Relief Initiative, $167,000,000, to remain available until
    expended.

         contribution to the international bank for reconstruction and
                                  development

        For payment to the International Bank for Reconstruction and
    Development by the Secretary of the Treasury, for the United States
    share of the paid-in portion of the increases in capital stock,
    $117,364,344, to remain available until expended.

                  limitation on callable capital subscriptions

        The United States Governor of the International Bank for
    Reconstruction and Development may subscribe without fiscal year
    limitation to the callable capital portion of the United States share
    of increases in capital stock in an amount not to exceed
    $2,928,990,899.

                   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, $184,630,000, 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, $49,900,000, to remain available until expended.

                  global agriculture and food security program

        For payment to the Global Agriculture and Food Security Program by
    the Secretary of the Treasury, $135,000,000, to remain available until
    expended.

              contribution to the inter-american development bank

        For payment to the Inter-American Development Bank by the Secretary
    of the Treasury for the United States share of the paid-in portion of
    the increase in capital stock, $75,000,000, to remain available until
    expended.
        For payment to the Inter-American Investment Corporation by the
    Secretary of the Treasury, $4,670,000, to remain available until
    expended.

                  limitation on callable capital subscriptions

        The United States Governor of the Inter-American 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 $4,098,794,833.

    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.

                   contribution to the asian development fund

        For payment to the Asian Development Bank's Asian Development Fund
    by the Secretary of the Treasury, $100,000,000, to remain available
    until expended.

                  contribution to the african development bank

        For payment to the African Development Bank by the Secretary of the
    Treasury for the United States share of the paid-in portion of the
    increase in capital stock, $32,417,720, to remain available until
    expended.

                  limitation on callable capital subscriptions

        The United States Governor of the African 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 $507,860,808.

                  contribution to the african development fund

        For payment to the African Development Fund by the Secretary of the
    Treasury, $172,500,000, to remain available until expended.
        For payment to the African Development Fund by the Secretary of the
    Treasury for costs incurred under the Multilateral Debt Relief
    Initiative, $7,500,000, to remain available until expended.

                european bank for reconstruction and development

                  limitation on callable capital subscriptions

        The United States Governor of the European Bank for Reconstruction
    and Development may subscribe without fiscal year limitation to the
    callable capital of the United States share of such capital in an
    amount not to exceed $1,252,331,952.

      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

                               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, $4,000,000, to remain available until September 30, 2013.

                                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 not less than 10 percent of the aggregate loan,
    guarantee, and insurance authority available to the Export-Import Bank
    under this Act should be used for renewable energy technologies or end-
    use energy efficiency technologies:  Provided further, That
    notwithstanding section 1(c) of Public Law 103-428, as amended,
    sections 1(a) and (b) of Public Law 103-428 shall remain in effect
    through October 1, 2012:  Provided further, That notwithstanding the
    dates specified in section 7 of the Export-Import Bank Act of 1945 (12
    U.S.C. 6350 and section 1(c) of Public Law 103-428), the Export-Import
    Bank of the United States shall continue to exercise its functions in
    connection with and in furtherance of its objects and purposes through
    May 31, 2012.

                             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 $58,000,000:  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,
    2027, for the disbursement of direct loans, loan guarantees, insurance
    and tied-aid grants obligated in fiscal years 2012, 2013, 2014, and
    2015:  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.

                            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 $89,900,000:  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 notwithstanding subsection (b) of section 117 of the Export
    Enhancement Act of 1992, subsection (a) thereof shall remain in effect
    until October 1, 2012:  Provided further, That the Export-Import Bank
    shall charge fees for necessary expenses (including special services
    performed on a contract or fee basis, but not including other personal
    services) in connection with the collection of moneys owed the Export-
    Import Bank, repossession or sale of pledged collateral or other assets
    acquired by the Export-Import Bank in satisfaction of moneys owed the
    Export-Import Bank, or the investigation or appraisal of any property,
    or the evaluation of the legal, financial, or technical aspects of any
    transaction for which an application for a loan, guarantee or insurance
    commitment has been made, or systems infrastructure directly supporting
    transactions:  Provided further, That, in addition to other funds
    appropriated for administrative expenses, such fees shall be credited
    to this account, to remain available until expended.

                               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 2012 in
    excess of obligations, up to $50,000,000, shall become available on
    September 1, 2012, and shall remain available until September 30, 2015.

                    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 $54,990,000:  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, $25,000,000, 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 2012, 2013, and 2014:
    Provided further, That funds so obligated in fiscal year 2012 remain
    available for disbursement through 2020; funds obligated in fiscal year
    2013 remain available for disbursement through 2021; and funds
    obligated in fiscal year 2014 remain available for disbursement through
    2022:  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 chapter 2 of part I 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.

                          trade and development agency

        For necessary expenses to carry out the provisions of section 661
    of the Foreign Assistance Act of 1961, $50,000,000, to remain available
    until September 30, 2013:  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 unobligated balances and obligated,
    but unexpended, balances by program, project, and activity, and
    Treasury Account Fund Symbol of all funds received by such department
    or agency in fiscal year 2012 or any previous fiscal year:  Provided,
    That the report required by this section should specify by account the
    amount of funds obligated pursuant to bilateral agreements which have
    not been further sub-obligated.

                              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 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) For the purposes of calculating the fiscal year 2012 costs of
    providing new United States diplomatic facilities in accordance with
    section 604(e) of the Secure Embassy Construction and Counterterrorism
    Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
    consultation with the Director of the Office of Management and Budget,
    shall determine the annual program level and agency shares in a manner
    that is proportional to the Department of State's contribution for this
    purpose.
        (d) 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.
        (e) Section 604(e)(1) of the Secure Embassy Construction and
    Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is amended by
    striking ``providing new,'' and inserting in its place ``providing,
    maintaining, repairing, and renovating''.
        (f)(1) None of the funds appropriated under the heading ``Embassy
    Security, Construction, and Maintenance'' in this Act and in prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs, made available through Federal agency Capital
    Security Cost Sharing contributions and reimbursements, or generated
    from the proceeds of real property sales, other than from real property
    sales located in London, United Kingdom, may be made available for site
    acquisition and mitigation, planning, design or construction of the New
    London Embassy.
        (2) Within 60 days of enactment of this Act and every 6 months
    thereafter until completion of the New London Embassy, the Secretary of
    State shall submit to the Committees on Appropriations a report on the
    project:  Provided, That such report shall include revenue and cost
    projections, cost containment efforts, project schedule and actual
    project status, the impact of currency exchange rate fluctuations on
    project revenue and costs, and options for modifying the scope of the
    project in the event that proceeds of real property sales in London
    fall below the total cost of the project.

                               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 and other relevant congressional
    committees.

            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 military coup d'etat or decree or, after the date of
    enactment of this Act, a coup d'etat or decree in which the military
    plays a decisive role:  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 2012, 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 Programs'', ``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
    (IG) for the agency receiving the transfer or allocation of such funds,
    or other entity with audit responsibility if the receiving agency does
    not have an IG, shall perform periodic program and financial audits of
    the use of such funds:  Provided, That such audits shall be transmitted
    to the Committees on Appropriations:  Provided further, 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, 2012, 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'', ``Peacekeeping Operations'', and
    ``Pakistan Counterinsurgency Capability Fund'':  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 and 8
    of part I, section 661, 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'' 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
    for an additional 4 years from the date on which the availability of
    such funds would otherwise have expired, if such funds are initially
    allocated or obligated before the expiration of their respective
    periods of availability contained in this Act:  Provided further, That
    the Secretary of State shall provide a report to the Committees on
    Appropriations at the beginning of each fiscal year, detailing by
    account and source year, the use of this authority during the previous
    fiscal year.

                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 2012 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 2013
    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.
        (h) Report.--The Secretary of State shall submit a report to the
    Committees on Appropriations not later than 90 days after the enactment
    of this Act detailing steps taken by the Department of State to comply
    with the requirements provided in subsections (a) and (f).

                             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.

                           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 2012, 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) creates, reorganizes, or renames bureaus, centers, or
        offices;
            (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:  Provided, That unless previously
    justified to the Committees on Appropriations, the requirements of this
    subsection shall apply to all obligations of funds appropriated under
    title I of this Act for items (5) and (6) above.
        (b) 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 2012, 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) None of the funds made available under titles II through VI and
    VIII in this Act under the headings ``Global Health Programs'',
    ``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'', ``Conflict Stabilization Operations'', ``Office of
    Inspector General'', ``Nonproliferation, Anti-terrorism, Demining and
    Related Programs'', ``Millennium Challenge Corporation'', ``Foreign
    Military Financing Program'', ``International Military Education and
    Training'', ``Pakistan Counterinsurgency Capability Fund'', 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 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, and funds made 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 and
    VIII of this Act shall be obligated or expended for assistance for
    Serbia, Sudan, South Sudan, Zimbabwe, Afghanistan, Iraq, Pakistan,
    Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Honduras, Burma,
    Yemen, Mexico, Kazakhstan, Uzbekistan, the Russian Federation, Somalia,
    Sri Lanka, or Cambodia 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 or section 7049(a) of this Act, shall remain
    available for obligation until September 30, 2013.

       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 shall be made available
    for programs and countries in the amounts contained in the respective
    tables included in the joint explanatory statement accompanying this
    Act.
        (b) For the purposes of implementing this section and only with
    respect to the tables included in the joint 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.

                   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
    Programs'', ``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;
                (B) otherwise supports international terrorism; or
                (C) is controlled by an organization designated as a
            terrorist organization under section 219 of the Immigration and
            Nationality Act.
            (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.

                           authorization requirements

        Sec. 7022.  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 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. 7023.  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. 7024.  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 prior to conducting activities in a
    country for which assistance is prohibited, the agency shall consult
    with the Committees on Appropriations and report to such Committees
    within 15 days of taking such action.

                    commerce, trade and surplus commodities

        Sec. 7025. (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:  Provided further, That this subsection shall not
    prohibit--
            (1) activities in a country that is eligible for assistance
        from the International Development Association, is not eligible for
        assistance from the International Bank for Reconstruction and
        Development, and does not export on a consistent basis the
        agricultural commodity with respect to which assistance is
        furnished; or
            (2) activities in a country the President determines is
        recovering from widespread conflict, a humanitarian crisis, or a
        complex emergency.
        (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;
            (2) research activities intended primarily to benefit American
        producers;
            (3) activities in a country that is eligible for assistance
        from the International Development Association, is not eligible for
        assistance from the International Bank for Reconstruction and
        Development, and does not export on a consistent basis the
        agricultural commodity with respect to which assistance is
        furnished; or
            (4) activities in a country the President determines is
        recovering from widespread conflict, a humanitarian crisis, or a
        complex emergency.
        (c) The Secretary of the Treasury shall instruct the United States
    Executive Directors of 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 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 to use the voice and
    vote of the United States to oppose any assistance by these
    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.

                               separate accounts

        Sec. 7026. (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.

                           eligibility for assistance

        Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
    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 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 from funds appropriated under the heading ``Assistance
    for Europe, Eurasia and Central Asia'':  Provided, That before using
    the authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations under the regular notification
    procedures of those committees, including a description of the program
    to be assisted, the assistance to be provided, and the reasons for
    furnishing such assistance:  Provided further, That nothing in this
    subsection shall be construed to alter any existing statutory
    prohibitions against abortion or involuntary sterilizations contained
    in this or any other Act.
        (b) Public Law 480.--During fiscal year 2012, 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.
        (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance Act
        of 1961 or any comparable provision of law prohibiting assistance
        to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance Act
        of 1961 or any comparable provision of law prohibiting assistance
        to the government of a country that violates internationally
        recognized human rights.

                      impact on jobs in the united states

        Sec. 7028.  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. 7029. (a) None of the funds appropriated under 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 healthcare or education; and to promote
    government spending on healthcare, education, agriculture and food
    security, or other critical safety net programs in all of the Fund's
    activities with respect to Heavily Indebted Poor Countries.
        (d) For the purposes of this Act ``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.

                              debt-for-development

        Sec. 7030.  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.

                  financial management and budget transparency

        Sec. 7031. (a) Limitation on Direct Government-to-Government
    Assistance.--
            (1) Funds appropriated by this Act may be made available for
        direct Government-to-Government assistance only if--
                (A) each implementing agency or ministry to receive
            assistance has been assessed and is considered to have the
            systems required to manage such assistance and any identified
            vulnerabilities or weaknesses of such agency or ministry have
            been addressed; and
                    (i) the recipient agency or ministry employs and
                utilizes staff with the necessary technical, financial, and
                management capabilities;
                    (ii) the recipient agency or ministry has adopted
                competitive procurement policies and systems;
                    (iii) effective monitoring and evaluation systems are
                in place to ensure that such assistance is used for its
                intended purposes; and
                    (iv) no level of acceptable fraud is assumed.
                (B) the Government of the United States and the government
            of the recipient country have agreed, in writing--
                    (i) on clear and achievable objectives for the use of
                such assistance; and
                    (ii) that such assistance should be made on a cost-
                reimbursable basis.
            (2) In addition to the requirements in subsection (a), no funds
        may be made available for such assistance without prior
        consultation with, and notification to, the Committees on
        Appropriations:  Provided, That such notification shall contain an
        explanation of how the proposed activity meets the requirements of
        paragraph (1):  Provided further, That the requirements of this
        paragraph shall only apply to direct Government-to-Government
        assistance in excess of $10,000,000 and all funds available for
        cash transfer, budget support, and cash payments to individuals.
            (3) The USAID Administrator or the Secretary of State, as
        appropriate, shall suspend any such assistance if the Administrator
        or the Secretary has credible information of material misuse of
        such assistance, unless the Administrator or the Secretary
        determines and reports to the Committees on Appropriations that it
        is in the national interest of the United States to continue such
        assistance.
            (4) Not later than 90 days after the enactment of this Act and
        6 months thereafter, the USAID Administrator shall submit to the
        Committees on Appropriations a report that--
                (A) details all assistance described in subsection (a)
            provided during the previous 6-month period by country, funding
            amount, source of funds, and type of such assistance; and
                (B) the type of procurement instrument or mechanism
            utilized and whether the assistance was provided on a cost-
            reimbursable basis.
            (5) The USAID Administrator shall submit to the Committees on
        Appropriations, concurrent with the fiscal year 2013 congressional
        budget justification materials, amounts planned for assistance
        described in subsection (a) by country, proposed funding amount,
        source of funds, and type of assistance.
        (b) National Budget and Contract Transparency.--
            (1) Limitation on funding.--None of the funds appropriated
        under titles III and IV of this Act may be made available to the
        central government of any country that does not meet minimum
        standards of fiscal transparency:  Provided, That the Secretary of
        State shall develop ``minimum standards of fiscal transparency'' to
        be updated and strengthened, as appropriate, to reflect best
        practices:  Provided further, That the Secretary shall make an
        annual determination of ``progress'' or ``no progress'' for
        countries that do not meet minimum standards of fiscal transparency
        and make those determinations publicly available in an annual
        ``Fiscal Transparency Report''.
            (2) Minimum standards of fiscal transparency.--For purposes of
        paragraph (1), ``minimum standards of fiscal transparency'' shall
        include standards for the public disclosure of budget
        documentation, including receipts and expenditures by ministry, and
        government contracts and licenses for natural resource extraction,
        to include bidding and concession allocation practices.
            (3) Waiver.--The Secretary of State may waive the limitation on
        funding in paragraph (1) on a country-by-country basis if the
        Secretary reports to the Committees on Appropriations that the
        waiver is important to the national interest of the United States:
        Provided, That such waiver shall identify any steps taken by the
        government of the country to publicly disclose its national budget
        and contracts which are additional to those which were undertaken
        in previous fiscal years, include specific recommendations of
        short- and long-term steps such government can take to improve
        budget transparency, and identify benchmarks for measuring
        progress.
            (4) Assistance.--Of the funds appropriated under title III of
        this Act, not less than $5,000,000 should be made available for
        programs and activities to assist the central governments of
        countries named in the list required by paragraph (1) 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.
        (c) Anti-kleptocracy.--
            (1) Officials of foreign governments and their immediate family
        members who the Secretary of State has credible information have
        been involved in significant corruption, including corruption
        related to the extraction of natural resources, shall be ineligible
        for entry into the United States.
            (2) Individuals shall not be ineligible if entry into the
        United States would further important United States law enforcement
        objectives or is necessary to permit the United States to fulfill
        its obligations under the United Nations Headquarters Agreement:
        Provided, That nothing in this provision shall be construed to
        derogate from United States Government obligations under applicable
        international agreements.
            (3) The Secretary may waive the application of paragraph (1) if
        the Secretary determines that the waiver would serve a compelling
        national interest or that the circumstances which caused the
        individual to be ineligible have changed sufficiently.
            (4) Not later than 90 days after enactment of this Act and 180
        days thereafter, the Secretary of State shall submit a report, in
        classified form if necessary, to the Committees on Appropriations
        describing the information regarding corruption concerning each of
        the individuals found ineligible pursuant to paragraph (1), a list
        of any waivers provided under subsection (3), and the justification
        for each waiver.

                 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''.

                             multi-year commitments

        Sec. 7033.  None of the funds appropriated by this Act may be used
    to make a future year funding pledge for any multilateral or bilateral
    program funded in titles III through VI of this Act unless such pledge
    was--
            (1) previously justified in a congressional budget
        justification;
            (2) included in an Act making appropriations for the Department
        of State, foreign operations, and related programs or previously
        authorized by an Act of Congress;
            (3) notified in accordance with the regular notification
        procedures of the Committees on Appropriations; or
            (4) the subject of prior consultation with the Committees on
        Appropriations and such consultation was conducted at least 7 days
        in advance of the pledge.

                               special provisions

        Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
    Burmese.--Funds appropriated in titles III and VI of this Act that are
    made available for victims of war, displaced children, and 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) 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.
        (c) World Food Program.--Funds managed by the Bureau for Democracy,
    Conflict, and Humanitarian Assistance, United States Agency for
    International Development (USAID), from this or any other Act, shall be
    made available as a general contribution to the World Food Program,
    notwithstanding any other provision of law.
        (d) 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''
    should 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.
        (e) Research and Training.--Funds appropriated by this Act under
    the heading ``Economic Support Fund'' may 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).
        (f) Contingencies.--During fiscal year 2012, the President may use
    up to $50,000,000 under the authority of section 451 of the Foreign
    Assistance Act of 1961, notwithstanding any other provision of law.
        (g) Consolidation of Reports.--The Secretary of State, in
    coordination with the USAID Administrator, shall submit to the
    Committees on Appropriations, and other relevant congressional
    committees, 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.
        (h) Promotion of Democracy.--
            (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) 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.
            (4) Funds appropriated under the heading ``Economic Support
        Fund'' shall be made available to the Bureau of Democracy, Human
        Rights and Labor for programs to promote human rights by expanding
        open and uncensored access to information and communication as
        identified in the Department of State's Internet freedom strategy:
        Provided, That funds made available by this paragraph should be
        matched by sources other than the United States Government, as
        appropriate:  Provided further, That the Secretary of State shall
        coordinate the development and uses of circumvention and secure
        communications technologies with the Administrator of the United
        States Agency for International Development and the Broadcasting
        Board of Governors, as appropriate:  Provided further, That the
        circumvention technologies and programs supported by funds made
        available by this Act, shall undergo a review, to include an
        assessment of the protection against such technologies being used
        for illicit purposes.
            (5) Funds appropriated by this Act that are made available to
        promote democracy and human rights shall also be made available to
        support freedom of religion, especially in the Middle East and
        North Africa.
        (i) Partner Vetting.--Funds appropriated in this Act or any prior
    Acts making appropriations for the Department of State, foreign
    operations, and related programs shall be used by the Secretary of
    State and the Administrator of the United States Agency for
    International Development (USAID), as appropriate, to support the
    development and implementation of a Partner Vetting System (PVS) pilot
    program:  Provided, That such pilot program shall be implemented not
    later than September 30, 2012:  Provided further, That the Secretary of
    State and the USAID Administrator shall jointly submit a report to the
    Committees on Appropriations not later than 30 days after completion of
    the pilot program on the estimated timeline and criteria for evaluating
    the PVS for expansion.
        (j) 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.
        (k) 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'';
            (3) in subsection (b), by striking ``measures'' and inserting
        ``steps''; and
            (4) by adding the following subsection:
        ``(d) Credible Information.--The Secretary shall establish, and
    periodically update, procedures to--
            ``(1) ensure that for each country the Department of State has
        a current list of all security force units receiving United States
        training, equipment, or other types of assistance;
            ``(2) facilitate receipt by the Department of State and United
        States embassies of information from individuals and organizations
        outside the United States Government about gross violations of
        human rights by security force units;
            ``(3) routinely request and obtain such information from the
        Department of Defense, the Central Intelligence Agency, and other
        United States Government sources;
            ``(4) ensure that such information is evaluated and preserved;
            ``(5) ensure that when vetting an individual for eligibility to
        receive United States training the individual's unit is also
        vetted;
            ``(6) seek to identify the unit involved when credible
        information of a gross violation exists but the identity of the
        unit is lacking; and
            ``(7) make publicly available, to the maximum extent
        practicable, the identity of those units for which no assistance
        shall be furnished pursuant to subsection (a).''.
        (l) Sections Repealed.--Sections 494, 495, and 495B through 495K of
    the Foreign Assistance Act of 1961 are hereby repealed.
        (m) Extension of Authorities.--
            (1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
        U.S.C. 214(b)(2)) shall be applied by substituting ``September 30,
        2012'' for ``September 30, 2010''.
            (2) The authority provided by section 301(a)(3) of the Omnibus
        Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
        4831(a)(3)) shall remain in effect through September 30, 2012.
            (3) The authority contained in section 1115(d) of Public Law
        111-32 shall remain in effect through September 30, 2012.
            (4) Section 824(g) of the Foreign Service Act of 1980 (22
        U.S.C. 4064(g)) shall be applied by substituting ``September 30,
        2012'' for ``October 1, 2010'' in paragraph (2).
            (5) Section 61(a) of the State Department Basic Authorities Act
        of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting
        ``September 30, 2012'' for ``October 1, 2010'' in paragraph (2).
            (6) Section 625(j)(1) of the Foreign Assistance Act of 1961 (22
        U.S.C. 2385(j)(1)) shall be applied by substituting ``September 30,
        2012'' for ``October 1, 2010'' in subparagraph (B).
            (7) The authority contained in section 1603(a)(2) of Public Law
        109-234, as amended, shall remain in effect through September 30,
        2012.
            (8) The authority provided by section 1113 of Public Law 111-32
        shall remain in effect through September 30, 2012:  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.
        (n) Reports Repealed.--Section 133(d) of Public Law 87-195; section
    807 of Public Law 98-164; section 704(c) of Public Law 101-179; section
    104 of Public Law 102-511; section 560(g) of Public Law 103-87; section
    514(a) of Public Law 103-236; section 605(c) of Appendix G, Public Law
    106-113; sections 3203 and 3204(f) of division B of Public Law 106-246;
    section 564(g)(4) of Public Law 106-429; sections 694(a), 694(b), 704
    and 1321 of Public Law 107-228; and section 409(c) of Public Law 108-
    447 are hereby repealed.
        (o) Government Expenditures.--Funds appropriated under title III
    and under the heading ``International Narcotics Control and Law
    Enforcement'' in this Act should not be made available for assistance
    for any government for programs or activities in fiscal year 2013 if
    the Secretary of State or the Administrator of the United States Agency
    for International Development has credible information that such
    government is reducing its own expenditures for such programs or
    activities as a result of the assistance provided and for reasons that
    are inconsistent with the purposes of such assistance.
        (p) International Child Abductions.--The Secretary of State may
    withhold funds appropriated under title III of this Act for assistance
    for the central government of any country that the Secretary determines
    is not taking appropriate steps to comply with the Convention on the
    Civil Aspects of International Child Abductions, done at the Hague on
    October 25, 1980:  Provided, That the Secretary shall report to the
    Committees on Appropriations within 15 days of making any such
    determination.
        (q) Redesignations.--
            (1) The position of Advisor established pursuant to section
        699B of division J of Public Law 110-161 shall, within 45 days of
        enactment of this Act and notwithstanding the requirements of such
        section, be moved to the United States Agency for International
        Development (USAID):  Provided, That the Advisor shall hereafter be
        appointed by the USAID Administrator and shall report directly to
        the Administrator:  Provided further, That the responsibilities of
        the Advisor enumerated in section 699B(b) shall remain in full
        force and effect.
            (2) The position of Coordinator established pursuant to section
        664 of division J of Public Law 110-161 shall, within 45 days of
        enactment of this Act and notwithstanding the requirements of such
        section, be moved to the United States Agency for International
        Development (USAID):  Provided, That the Coordinator shall
        hereafter be appointed by the USAID Administrator and shall report
        directly to the Administrator:  Provided further, That the
        responsibilities of the Coordinator enumerated in the first
        sentence of section 664(c) shall remain in full force and effect:
        Provided further, That the limitation in the second sentence of
        such section shall hereafter no longer apply to the Coordinator.
        (r) 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 2011'' and
            inserting ``2011, and 2012''; and
                (B) in subsection (e), by striking ``June 1, 2011'' each
            place it appears and inserting ``October 1, 2012''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2),
        by striking ``2011'' and inserting ``2012''.

                         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 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 the
    President 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 for 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 2012, 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 Acts,
        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 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 the United States Agency
        for International Development 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 2012 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, any power-sharing government of which Hamas is
        a member, or that results from an agreement with Hamas and over
        which Hamas exercises undue influence.
            (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)(1) (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) Egypt.--
            (1)(A) None of the funds appropriated under titles III and IV
        of this Act and in prior Acts making appropriations for the
        Department of State, foreign operations, and related programs may
        be made available for assistance for the central Government of
        Egypt unless the Secretary of State certifies to the Committees on
        Appropriations that such government is meeting its obligations
        under the 1979 Egypt-Israel Peace Treaty.
            (B) Prior to the obligation of funds appropriated by this Act
        under the heading ``Foreign Military Financing Program'', the
        Secretary of State shall certify to the Committees on
        Appropriations that the Government of Egypt is supporting the
        transition to civilian government including holding free and fair
        elections; implementing policies to protect freedom of expression,
        association, and religion, and due process of law.
            (C) The Secretary of State may waive the requirements of
        paragraphs (A) and (B) if the Secretary determines and reports to
        the Committees on Appropriations that to do so is in the national
        security interest of the United States:  Provided, That such
        determination and report shall include a detailed justification for
        such waiver.
            (2) The Secretary of State shall consult with the Committees on
        Appropriations prior to the transfer of funds appropriated by this
        Act under the heading ``Foreign Military Financing Program'' to an
        interest-bearing account for Egypt.
            (3) Funds appropriated under the heading ``Economic Support
        Fund'' in this Act and prior Acts (including previously obligated
        funds), may be made available, notwithstanding any other provision
        of law, for an Egypt initiative, particularly for the specific
        costs referred to in the authorities referenced herein, for the
        purpose of improving the lives of the Egyptian people through
        education, investment in jobs and skills (including secondary and
        vocational education), and access to finance for small and medium
        enterprises with emphasis on expanding opportunities for women, as
        well as other appropriate market-reform and economic growth
        activities:  Provided, That the provisions of title VI of Public
        Law 103-306 pertaining to funds for Jordan shall be deemed to apply
        to any such initiative and to funds available under this section to
        carry out such an initiative in the same manner as such cited
        provisions apply to Jordan, subject to the following provisos:
        Provided further, That subparagraph (b)(2) shall be deemed not to
        apply and the amount made available pursuant to this section as set
        forth in the joint explanatory statement accompanying this Act and
        incorporated herein shall be deemed to apply in lieu of the figure
        in subparagraph (b)(1):  Provided further, That the authority to
        reduce debt shall include authority to exchange an outstanding
        obligation for a new obligation and to permit both principal and
        interest payments on new obligations to be deposited into a fund
        established for such purpose, to be used in accordance with
        purposes set forth in an agreement between the United States and
        Egypt:  Provided further, That the authority of this paragraph
        shall only be made available after the Secretary of State certifies
        to the Committees on Appropriations that the Government of Egypt is
        implementing economic development policies consistent with the
        objectives of such initiative:  Provided further, That funds made
        available for such initiative shall be subject to the regular
        notification procedures of the Committees on Appropriations.
        (b) Enterprise Funds.--Up to $60,000,000 of funds appropriated
    under the heading ``Economic Support Fund'' in this Act and prior acts
    making appropriations for the Department of State, foreign operations,
    and related programs (and including previously obligated funds), that
    are available for assistance for Egypt, up to $20,000,000 of such funds
    that are available for assistance for Tunisia, and up to $60,000,000 of
    such funds that are available for assistance for Jordan, respectively,
    may be made available notwithstanding any other provision of law, to
    establish and operate one or more enterprise funds for Egypt, Tunisia,
    and Jordan, respectively:  Provided, That provisions contained in
    section 201 of the Support for East European Democracy (SEED) Act of
    1989 (excluding the provisions of subsections (b), (c), (d)(3), and (f)
    of that section), shall be deemed to apply to any such fund or funds,
    and to funds made available to such fund or funds, in order to enable
    such fund or funds to provide assistance for purposes of this section:
    Provided further, That section 7077 of division F of Public Law 111-117
    shall apply to any such fund or funds established pursuant to this
    subsection:  Provided further, That not more than 5 percent of the
    funds made available pursuant to this subsection should be available
    for administrative expenses of such fund or funds and not later than 1
    year after the date of enactment of this Act, and annually thereafter
    until each fund is dissolved, each fund shall submit to the Committees
    on Appropriations a report detailing the administrative expenses of
    such fund:  Provided further, That each fund shall be governed by a
    Board of Directors comprised of six private United States citizens and
    three private citizens of each country, respectively, who have had
    international business careers and demonstrated expertise in
    international and emerging markets investment activities:  Provided
    further, That not later than 1 year after the entry into force of the
    initial grant agreement under this section and annually thereafter,
    each fund shall prepare and make available to the public on an Internet
    Web site administered by the fund a detailed report on the fund's
    activities during the previous year:  Provided further, That the
    authority of any such fund or funds to provide assistance shall cease
    to be effective on December 31, 2022:  Provided further, That funds
    made available pursuant to this section shall be subject to prior
    consultation with the Committees on Appropriations.
        (c) Iran.--
            (1) It is the policy of the United States to seek to prevent
        Iran from achieving the capability to produce or otherwise
        manufacture nuclear weapons, including by supporting international
        diplomatic efforts to halt Iran's uranium enrichment program, and
        the President should fully implement and enforce the Iran Sanctions
        Act of 1996, as amended (Public Law 104-172) as a means of
        encouraging foreign governments to require state-owned and private
        entities to cease all investment in, and support of, Iran's energy
        sector and all exports of refined petroleum products to Iran.
            (2) None of the funds appropriated or otherwise made available
        in 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).
            (3) The reporting requirements in section 7043(c) in division F
        of Public Law 111-117 shall continue in effect during fiscal year
        2012 as if part of this Act:  Provided, That the date in subsection
        (c)(1) shall be deemed to be ``September 30, 2012''.
        (d) 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 cost-matching and other requirements in the
        Department of State's April 9, 2009 ``Guidelines for Government of
        Iraq Financial Participation in United States Government-Funded
        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 by this Act under titles III and VI for
        assistance for Iraq may be made available notwithstanding any other
        provision of law, except for this subsection and section 620M of
        the Foreign Assistance Act of 1961, as amended by this Act.
            (4) Funds appropriated by this Act for assistance for Iraq
        under the heading ``Economic Support Fund'' 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)(A) Of the funds appropriated under the heading ``Diplomatic
        and Consular Programs'' in title VIII of this Act that are made
        available for security and provincial operations for the Department
        of State in Iraq, 15 percent shall be withheld from obligation
        until the Secretary of State submits a report to the Committees on
        Appropriations detailing--
                (i) an assessment of the security environment in Iraq with
            respect to facilities and personnel, and the anticipated impact
            of the withdrawal of United States Armed Forces in Iraq on such
            environment, on a facility-by-facility basis;
                (ii) an assessment of the security requirements at each
            facility, and the estimated cost of sustaining such
            requirements over the next 3 fiscal years;
                (iii) the types of military equipment to be used to meet
            the security requirements at each facility;
                (iv) the number of United States Government personnel
            anticipated at each facility, a general description of the
            duties of such personnel, and the number and cost of
            contractors anticipated at each facility required for
            operational and other support; and
                (v) a description of contingency plans, including
            evacuation, at each facility for United States Government
            personnel and contractors.
            (B) The report required by this paragraph may be submitted in
        classified form, if necessary.
        (e) Lebanon.--
            (1) None of the funds appropriated by this Act may be made
        available for the Lebanese Armed Forces (LAF) if the LAF is
        controlled by a foreign terrorist organization, as defined by
        section 219 of the Immigration and Nationality Act.
            (2) Funds appropriated by this Act under the heading ``Foreign
        Military Financing Program'' for assistance for Lebanon may be made
        available only to professionalize the LAF and to strengthen border
        security and combat terrorism, including training and equipping the
        LAF 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 submits a detailed spend plan to the
        Committees on Appropriations, except such plan may 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, and shall be submitted not later than September 1,
        2012:  Provided further, That the Secretary of State shall
        regularly consult with the Committees on Appropriations on the
        activities of the LAF and assistance provided by the United States:
         Provided further, That not later than 90 days after enactment of
        this Act, the Secretary of State shall submit a report to the
        Committees on Appropriations detailing the actions taken to ensure
        that equipment provided to the LAF is used for intended purposes.
            (3) Funds appropriated by this Act under titles III and VI for
        assistance for Lebanon may be made available notwithstanding any
        other provision of law, except for this subsection and section 620M
        of the Foreign Assistance Act of 1961, as amended by this Act.
        (f) Libya.--Of the funds appropriated by this Act and prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs, up to $20,000,000 should be made available to
    promote democracy, transparent and accountable governance, human
    rights, transitional justice, and the rule of law in Libya, and for
    exchange programs between Libyan and American students and
    professionals:  Provided, That such funds shall be made available, to
    the maximum extent practicable, on a cost matching basis:  Provided
    further, That none of the funds appropriated by this Act may be made
    available for assistance for Libya for infrastructure projects, except
    on a loan basis with terms favorable to the United States, and only
    following consultation with the Committees on Appropriations.
        (g) Morocco.--Prior to the obligation of funds appropriated by this
    Act under the heading ``Foreign Military Financing Program'' for
    assistance for Morocco, the Secretary of State shall submit a report to
    the Committees on Appropriations on steps being taken by the Government
    of Morocco to--
            (1) respect the right of individuals to peacefully express
        their opinions regarding the status and future of the Western
        Sahara and to document violations of human rights; and
            (2) provide unimpeded access to human rights organizations,
        journalists, and representatives of foreign governments to the
        Western Sahara.
        (h) Syria.--Funds appropriated by this Act shall be made available
    to promote democracy and protect human rights in Syria, a portion of
    which should be programmed in consultation with governments in the
    region, as appropriate.
        (i) Yemen.--None of the funds appropriated by this Act may be made
    available for the Armed Forces of Yemen if such forces are controlled
    by a foreign terrorist organization, as defined by section 219 of the
    Immigration and Nationality Act.

                                     serbia

        Sec. 7042. (a) Funds appropriated by this Act may be made available
    for assistance for the central Government of Serbia after May 31, 2012,
    if the Secretary of State has submitted the report required in
    subsection (c).
        (b) After May 31, 2012, 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 apprehending and
    transferring indictees and providing investigators access to witnesses,
    documents, and other information.
        (d) This section shall not apply to humanitarian assistance or
    assistance to promote democracy.

                                     africa

        Sec. 7043. (a) Conflict Minerals.--
            (1) Funds appropriated by this Act under the heading ``Foreign
        Military Financing Program'' may be made available for assistance
        for Rwanda or Uganda unless the Secretary of State has credible
        information 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 violated human rights.
            (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
        humanitarian relief efforts, or to support the training and
        deployment of members of the Rwandan or Ugandan militaries in
        international peacekeeping operations or to conduct operations
        against the Lord's Resistance Army.
        (b) Counterterrorism Programs.--Of the funds appropriated by this
    Act, not less than $52,800,000 should be made available for the Trans-
    Sahara Counter-terrorism Partnership program, and not less than
    $21,300,000 should be made available for the Partnership for Regional
    East Africa Counterterrorism program.
        (c) Crisis Response.--Notwithstanding any other provision of law,
    up to $10,000,000 of the funds appropriated by this Act under the
    heading ``Global Health Programs'' for HIV/AIDS activities may be
    transferred to, and merged with, funds appropriated under the headings
    ``Economic Support Fund'' and ``Transition Initiatives'' to respond to
    unanticipated crises in Africa, except that funds shall not be
    transferred unless the Secretary of State certifies to the Committees
    on Appropriations that no individual currently on anti-retroviral
    therapy supported by such funds shall be negatively impacted by the
    transfer of such funds:  Provided, That the authority of this
    subsection shall be subject to prior consultation with the Committees
    on Appropriations.
        (d) Expanded International Military Education and Training.--
            (1) Funds appropriated under the heading ``International
        Military Education and Training'' (IMET) 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 IMET:  Provided, That the limitation
        included in this paragraph shall not apply to courses that support
        training in maritime security for Angola and Cameroon.
            (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.
        (e) Ethiopia.--
            (1) Funds appropriated by this Act under the heading ``Foreign
        Military Financing Program'' that are available for assistance for
        Ethiopia shall not be made available unless the Secretary of
        State--
                (A) certifies to the Committees on Appropriations that the
            Government of Ethiopia is implementing policies to respect due
            process and freedoms of expression and association, and is
            permitting access to human rights and humanitarian
            organizations to the Somalia region of Ethiopia; and
                (B) submits a report to the Committees on Appropriations 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
            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, counterterrorism operations
        along the border with Somalia, and for assistance to the Ethiopian
        Defense Command and Staff College.
        (f) Sudan Limitation on Assistance.--
            (1) 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.
            (2) 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.
            (3) The limitations of paragraphs (1) and (2) shall not apply
        to--
                (A) humanitarian assistance;
                (B) assistance for the Darfur region, Southern Kordofan/
            Nuba Mountains State, Blue Nile State, other marginalized areas
            and populations in Sudan, and Abyei; and
                (C) assistance to support implementation of the
            Comprehensive Peace Agreement (CPA), mutual arrangements
            related to post-referendum issues associated with the CPA, or
            to promote peace and stability between Sudan and South Sudan,
            or any other internationally recognized viable peace agreement
            in Sudan.
        (g) South Sudan.--
            (1) Funds appropriated by this Act should be made available for
        assistance for South Sudan including to increase agricultural
        productivity, expand educational opportunities especially for
        girls, strengthen democratic institutions and the rule of law, and
        enhance the capacity of the Federal Legislative Assembly to conduct
        oversight over government revenues and expenditures.
            (2) Not less than 15 days prior to the obligation of funds
        appropriated by this Act that are available for assistance for the
        Government of South Sudan, the Secretary of State shall submit a
        report to the Committees on Appropriations detailing the extent to
        which the Government of South Sudan is--
                (A) supporting freedom of expression, the establishment of
            democratic institutions including an independent judiciary,
            parliament, and security forces that are accountable to
            civilian authority; and
                (B) investigating and punishing members of security forces
            who have violated human rights.
            (3) The Secretary of State shall seek to obtain regular audits
        of the financial accounts of the Government of South Sudan to
        ensure transparency and accountability of funds, including revenues
        from the extraction of oil and gas, and the timely, public
        disclosure of such audits:  Provided, That the Secretary should
        assist the Government of South Sudan in conducting such audits, and
        by providing technical assistance to enhance the capacity of the
        National Auditor Chamber to carry out its responsibilities, 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 South Sudan, which are
        additional to those taken in the previous fiscal year, to improve
        resource management and ensure transparency and accountability of
        funds.
        (h) Uganda.--Funds appropriated by this Act should be made
    available for programs and activities in areas affected by the Lord's
    Resistance Army.
        (i) 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 may be made available for
        assistance for the central government of a country in which
        individuals indicted by the ICTR and the 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 the ICTR and the SCSL, including the apprehension,
        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 the ICTR and the 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 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 apprehending and 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.
        (j) 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 required in
        paragraph (1).

                                      asia

        Sec. 7044. (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, funds
        appropriated by this Act under the heading ``Economic Support
        Fund'' shall 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 directors of the appropriate international
        financial institutions to vote against any loan, agreement, or
        other financial support for Burma.
            (2) Funds appropriated by this Act under the heading ``Economic
        Support Fund'' 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 for programs along Burma's
        borders and for Burmese groups and organizations located outside
        Burma, and may be made available to support programs in Burma:
        Provided further, That in addition to assistance for Burmese
        refugees appropriated under the heading ``Migration and Refugee
        Assistance'' in this Act, funds 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:  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.--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
    credible steps to address allegations of corruption and mismanagement
    within the tribunal.
        (d) Indonesia.--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 required under such heading in Senate Report 112-
    85.
        (e) North Korea.--None of the funds made available by this Act
    under the heading ``Economic Support Fund'' may be made available for
    energy-related assistance for North Korea.
        (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.
        (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 required under such heading in Senate Report
    112-85.
        (h) Vietnam.--Funds appropriated under the heading ``Economic
    Support Fund'' shall be made available for remediation of dioxin
    contaminated sites in Vietnam and may be made available for assistance
    for the Government of Vietnam, including the military, for such
    purposes, and funds under the heading ``Development Assistance'' shall
    be made available for related health/disability activities.

                               western hemisphere

        Sec. 7045. (a) Colombia.--
            (1) Funds appropriated by this Act and made available to the
        Department of State for assistance to the Government of Colombia
        may be used to support a unified campaign against narcotics
        trafficking, illegal armed groups, 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:  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, or other illegal armed group 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:  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 any
        complaints of harm to health or licit crops caused by aerial
        eradication shall be thoroughly investigated and evaluated, and
        fair compensation paid in a timely manner for meritorious claims:
        Provided further, That funds may not be made available for aerial
        eradication 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 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 that there are no effective
        alternatives and the eradication is in accordance with Colombian
        laws.
            (2) Colombian armed forces.--Of the funds appropriated by this
        Act that are available for assistance for the Colombian Armed
        Forces, 25 percent may be obligated only after the Secretary of
        State consults with, and subsequently certifies and submits a
        report to, the Committees on Appropriations that the Government of
        Colombia and Colombian Armed Forces are meeting the conditions that
        appear under this section in the joint explanatory statement
        accompanying this Act:  Provided, That the requirement to withhold
        funds from obligation shall not apply with respect to funds made
        available under the heading ``International Narcotics Control and
        Law Enforcement'' in this Act for continued support for the
        Critical Flight Safety Program or for any alternative development
        programs in Colombia administered by the Bureau of International
        Narcotics and Law Enforcement Affairs of the Department of State:
        Provided further, That not less than 30 days prior to making the
        certification the Secretary of State shall consult with Colombian
        and international human rights organizations.
            (3) Illegal armed groups.--
                (A) Denial of visas.--Subject to paragraph (B), the
            Secretary of State shall not issue a visa to any alien who the
            Secretary determines, based on credible information--
                    (i) has willfully provided any support to or benefitted
                from the Revolutionary Armed Forces of Colombia (FARC), the
                National Liberation Army (ELN), the United Self-Defense
                Forces of Colombia (AUC), or other illegal armed groups,
                including taking actions or failing to take actions which
                allow, facilitate, or otherwise foster the activities of
                such groups; or
                    (ii) has committed, ordered, incited, assisted, or
                otherwise participated in the commission of a violation of
                human rights in Colombia.
                (B) Waiver.--Paragraph (A) shall not apply if the Secretary
            of State certifies to the Committees on Appropriations, on a
            case-by-case basis, that the issuance of a visa to the alien is
            necessary to support the peace process in Colombia or for
            urgent humanitarian reasons.
        (b) Guatemala.--Funds appropriated by this Act under the headings
    ``International Military Education and Training'' (IMET) and ``Foreign
    Military Financing Program'' that are available for assistance for
    Guatemala may be made available only for the Guatemalan Air Force,
    Navy, and Army Corps of Engineers:  Provided, That expanded IMET may be
    made available for assistance for the Guatemalan Army.
        (c) Haiti.--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.
        (d) Honduras.--Prior to the obligation of 20 percent of the funds
    appropriated by this Act that are available for assistance for Honduran
    military and police forces, the Secretary of State shall report in
    writing to the Committees on Appropriations that: the Government of
    Honduras is implementing policies to protect freedom of expression and
    association, and due process of law; and is investigating and
    prosecuting in the civilian justice system, in accordance with Honduran
    and international law, military and police personnel who are credibly
    alleged to have violated human rights, and the Honduran military and
    police are cooperating with civilian judicial authorities in such
    cases:  Provided, That the restriction in this subsection shall not
    apply to assistance to promote transparency, anti-corruption and the
    rule of law within the military and police forces.
        (e) Mexico.--Prior to the obligation of 15 percent of the funds
    appropriated by this Act that are available for assistance for Mexican
    military and police forces, the Secretary of State shall report in
    writing to the Committees on Appropriations that: the Government of
    Mexico is investigating and prosecuting in the civilian justice system,
    in accordance with Mexican and international law, military and police
    personnel who are credibly alleged to have violated human rights; is
    enforcing prohibitions on the use of testimony obtained through
    torture; and the Mexican military and police are cooperating with
    civilian judicial authorities in such cases:  Provided, That the
    restriction in this subsection shall not apply to assistance to promote
    transparency, anti-corruption and the rule of law within the military
    and police forces.
        (f) 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.
        (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.

                                   south asia

        Sec. 7046. (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 the Government of Afghanistan
        until the Secretary of State, in consultation with the
        Administrator of the United States Agency for International
        Development (USAID), certifies to the Committees on Appropriations
        that--
                (A) The funds will be used to design and support programs
            in accordance with the June 2011 ``Administrator's
            Sustainability Guidance for USAID in Afghanistan''.
                (B) The Government of Afghanistan is--
                    (i) reducing corruption and improving governance,
                including by investigating, prosecuting, sanctioning or
                removing corrupt officials from office and implementing
                financial transparency and accountability measures for
                government institutions and officials (including the
                Central Bank) as well as conducting oversight of public
                resources;
                    (ii) taking credible steps to protect the human rights
                of Afghan women; and
                    (iii) taking significant steps to facilitate active
                public participation in governance and oversight.
                (C) Funds will be used 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.
                (D) Representatives of Afghan national, provincial or local
            governments, and local communities and civil society
            organizations, including women-led organizations, 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.
            (2) Assistance and operations.--
                (A) 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.
                (B) 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
                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:

                        (I) 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 human rights of Afghan
                    women; and
                        (II) 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 acts of terrorism; and

                    (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.
                (C) The authority contained in section 1102(c) of Public
            Law 111-32 shall continue in effect during fiscal year 2012 and
            shall apply as if part of this Act.
                (D)(i) Of the funds appropriated by this Act that are made
            available for assistance for Afghanistan, not less than
            $50,000,000 shall be made available for rule of law programs:
            Provided, That decisions on the uses of such funds shall be the
            responsibility of the Coordinator for Rule of Law, in
            consultation with the Interagency Planning and Implementation
            Team, at the United States Embassy in Kabul, Afghanistan:
            Provided further, That $250,000 of such funds shall be
            transferred to, and merged with, funds appropriated under the
            heading ``Office of Inspector General'' in title I of this Act
            for oversight of such programs and activities.
                (ii) 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) 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.
                (G) Not later than 90 days after enactment of this Act, the
            Secretary of State shall report to the Committees on
            Appropriations on the International Monetary Fund (IMF) country
            program for Afghanistan including actions requested by the IMF
            and taken by the Government of Afghanistan to address the Kabul
            Bank crisis and restore confidence in Afghanistan's banking
            sector.
                (H) 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.
            (3) Oversight.--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) Nepal.--
            (1) Funds appropriated by this Act under the heading ``Foreign
        Military Financing Program'' 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
            of violations of human rights by civilian judicial authorities;
            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) Certification.--
                (A) None of the funds appropriated or otherwise made
            available by this Act under the headings ``Economic Support
            Fund'', ``International Narcotics Control and Law
            Enforcement'', ``Foreign Military Financing Program'', and
            ``Pakistan Counterinsurgency Capability Fund'' for assistance
            for the Government of Pakistan may be made available unless the
            Secretary of State certifies to the Committees on
            Appropriations that the Government of Pakistan is--
                    (i) cooperating with the United States in
                counterterrorism efforts against the Haqqani Network, the
                Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed,
                Al Qaeda and other domestic and foreign terrorist
                organizations, including taking steps to end support for
                such groups and prevent them from basing and operating in
                Pakistan and carrying out cross border attacks into
                neighboring countries;
                    (ii) not supporting terrorist activities against United
                States or coalition forces in Afghanistan, and Pakistan's
                military and intelligence agencies are not intervening
                extra-judicially into political and judicial processes in
                Pakistan;
                    (iii) dismantling improvised explosive device (IED)
                networks and interdicting precursor chemicals used in the
                manufacture of IEDs;
                    (iv) preventing the proliferation of nuclear-related
                material and expertise;
                    (v) issuing visas in a timely manner for United States
                visitors engaged in counterterrorism efforts and assistance
                programs in Pakistan; and
                    (vi) providing humanitarian organizations access to
                detainees, internally displaced persons, and other
                Pakistani civilians affected by the conflict.
                (B) The Secretary of State may waive the requirements of
            paragraph (A) if to do so is in the national security interests
            of the United States.
            (2) Assistance.--
                (A) Funds appropriated by this Act under the heading
            ``Foreign Military Financing Program'' for assistance for
            Pakistan may be made available only to support counterterrorism
            and counterinsurgency capabilities in Pakistan, and are subject
            to section 620M of the Foreign Assistance Act of 1961, as
            amended by this Act.
                (B) Funds appropriated by this Act under the heading
            ``Economic Support Fund'' for assistance for Pakistan should be
            made available to interdict precursor materials from Pakistan
            to Afghanistan that are used to manufacture improvised
            explosive devices, including calcium ammonium nitrate; to
            support programs to train border and customs officials in
            Pakistan and Afghanistan; and for agricultural extension
            programs that encourage alternative fertilizer use among
            Pakistani farmers.
                (C) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'' for assistance for Pakistan,
            $10,000,000 shall be made available through the Bureau of
            Democracy, Human Rights and Labor, Department of State, for
            human rights and democracy programs in Pakistan, including
            training of government officials and security forces, and
            assistance for human rights organizations and the development
            of democratic political parties.
                (D) Funds appropriated by this Act under the heading
            ``Economic Support Fund'' for assistance for Pakistan may be
            made available for the Chief of Mission Fund, as authorized by
            section 101(c)(5) of Public Law 111-73.
                (E) Funds appropriated by this Act under the heading
            ``Economic Support Fund'' 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)).
                (F) Funds appropriated by this Act under titles III and VI
            for assistance for Pakistan may be made available
            notwithstanding any other provision of law, except for this
            subsection and section 620M of the Foreign Assistance Act of
            1961, as amended by this Act.
            (3) Reports.--
                (A)(i) The spend plan required by section 7078 of this Act
            for assistance for Pakistan shall include achievable and
            sustainable goals, benchmarks for measuring progress, and
            expected results regarding furthering development in Pakistan,
            countering extremism, and establishing conditions conducive to
            the rule of law and transparent and accountable governance:
            Provided, That such benchmarks may incorporate those required
            in title III of Public Law 111-73, as appropriate:  Provided
            further, That not later than 6 months after submission of such
            spend plan, and each 6 months thereafter until September 30,
            2013, the Secretary of State shall submit a report to the
            Committees on Appropriations on the status of achieving the
            goals and benchmarks in the spend plan.
                (ii) The Secretary of State should suspend assistance for
            the Government of Pakistan if any report required by paragraph
            (A)(i) indicates that Pakistan is failing to make measurable
            progress in meeting these goals or benchmarks.
                (B) Not later than 90 days after enactment of this Act, the
            Secretary of State shall submit a report to the Committees on
            Appropriations detailing the costs and objectives associated
            with significant infrastructure projects supported by the
            United States in Pakistan, and an assessment of the extent to
            which such projects achieve such objectives.
        (d) Sri Lanka.--
            (1) 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) conducting credible, thorough investigations of alleged
            war crimes and violations of international humanitarian law by
            government forces and the Liberation Tigers of Tamil Eelam;
                (B) bringing to justice individuals who have been credibly
            alleged to have committed such violations;
                (C) supporting and cooperating with any United Nations
            investigation of alleged war crimes and violations of
            international humanitarian law;
                (D) respecting due process, the rights of journalists, and
            the rights of citizens to peaceful expression and association,
            including ending arrest and detention under emergency
            regulations;
                (E) providing access to detainees by humanitarian
            organizations; and
                (F) implementing policies to promote reconciliation and
            justice including devolution of power.
            (2) Paragraph (1) shall not apply to assistance for
        humanitarian demining and aerial and maritime surveillance.
            (3) If the Secretary makes the certification required in
        paragraph (1), 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.
            (4) 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 (1)(D), (E), and (F) of this subsection.
        (e) Regional Cross Border Programs.--Funds appropriated by this Act
    under the heading ``Economic Support Fund'' for assistance for
    Afghanistan and Pakistan may be provided notwithstanding any other
    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.

               prohibition of payments to united nations members

        Sec. 7047.  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. 7048.  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.

                                 united nations

        Sec. 7049. (a) Transparency and Accountability.--
            (1) Of the funds appropriated under title I and under the
        heading ``International Organizations and Programs'' in title V of
        this Act that are available for contributions to any United Nations
        agency or to the Organization of American States, 15 percent shall
        be withheld from obligation for such agency or organization if the
        Secretary of State determines and reports to the Committees on
        Appropriations that the agency or organization is not taking steps
        to--
                (A) publish on a publicly available Web site, consistent
            with privacy regulations and due process, regular financial and
            programmatic audits of the agency or organization, and provide
            the United States Government with necessary access to such
            financial and performance audits; and
                (B) implement best practices for the protection of
            whistleblowers from retaliation, including best practices for
            legal burdens of proof, access to independent adjudicative
            bodies, results that eliminate the effects of retaliation, and
            statutes of limitation for reporting retaliation.
            (2) The Secretary may waive the restriction in this subsection
        if the Secretary determines and reports that to do so is in the
        national interest of the United States.
        (b) Restrictions on United Nations Delegations and Organizations.--
            (1) 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.
            (2) None of the funds made available under title I of this Act
        may be used by the Secretary of State as a contribution to any
        organization, agency, or program within the United Nations system
        if such organization, agency, commission, or program is chaired or
        presided over by a country, the government of which the Secretary
        of State has determined, for purposes of section 620A of the
        Foreign Assistance Act of 1961, section 40 of the Arms Export
        Control Act, section 6(j)(1) of the Export Administration Act of
        1979, or any other provision of law, is a government that has
        repeatedly provided support for acts of international terrorism.
            (3) The Secretary of State may waive the restrictions in this
        subsection if the Secretary determines and reports to the
        Committees on Appropriations that to do so is in the national
        interest of the United States.
        (c) United Nations Human Rights Council.--Funds appropriated by
    this Act may be made available for voluntary contributions or payment
    of United States assessments in support of the United Nations Human
    Rights Council if the Secretary of State determines and reports to the
    Committees on Appropriations that participation in the Council is in
    the national interest of the United States:  Provided, That the
    Secretary of State shall report to the Committees on Appropriations not
    later than 30 days after the date of enactment of this Act, and every
    180 days thereafter until September 30, 2012, on the resolutions
    considered in the United Nations Human Rights Council.
        (d) United Nations Relief and Works Agency.--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, House Report
    111-151) under the heading ``Migration and Refugee Assistance'' in
    title XI shall apply to funds made available by this Act under such
    heading.
        (e) United Nations Capital Master Plan.--None of the funds made
    available in this Act for the United Nations Capital Master Plan may be
    used for the design, renovation, or construction of the United Nations
    Headquarters in New York in excess of the United States payment for the
    assessment agreed upon pursuant to paragraph 10 of United Nations
    General Assembly Resolution 61/251.
        (f) Reporting Requirement.--Not later than 30 days after enactment
    of this Act, the Secretary of State shall submit a report to the
    Committees on Appropriation detailing the amount of funds available for
    obligation or expenditure in fiscal year 2012 under the headings
    ``Contributions to International Organizations'' and ``International
    Organizations and Programs'' that are withheld from obligation or
    expenditure due to any provision of law:  Provided, That the Secretary
    of State shall update such report each time additional funds are
    withheld by operation of any provision of law:  Provided further, That
    the reprogramming of any withheld funds identified in such report,
    including updates thereof, shall be subject to prior consultation with,
    and the regular notification procedures of, the Committees on
    Appropriations.

                       community-based police assistance

        Sec. 7050. (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, the 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 the regular notification procedures of the Committees on
    Appropriations.

                    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 at least 5 days in
    advance that such attendance is important to 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.

                       aircraft transfer and coordination

        Sec. 7052. (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 the Secretary of State determines and reports 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) The uses of 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 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.

       parking fines and real property taxes owed by foreign governments

        Sec. 7053.  The terms and conditions of section 7055 of division F
    of Public Law 111-117 shall apply to this Act:  Provided, That the date
    ``September 30, 2009'' in subsection (f)(2)(B) shall be deemed to be
    ``September 30, 2011''.

                        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 Secretary of
    State 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, 2013.
        (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 non-direct 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) 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''.
        (e) 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.
        (f) 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, or man-made disasters subject to the regular notification
    procedures of the Committees on Appropriations.
        (g) 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 15 of
    such contractors shall be assigned to any bureau or office:  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.
        (h) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, 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.
        (i) 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. (a) In General.--Funds appropriated by titles III and IV
    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 provisions under the heading ``Global Health Programs'' 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 $575,000,000 should be made available for family
    planning/reproductive health, including in areas where population
    growth threatens biodiversity or endangered species.
        (b) Global Health Management.--
            (1) Not later than 180 days after enactment of this Act, the
        Secretary of State, in consultation with the Administrator of the
        United States Agency for International Development (USAID), shall
        submit to the Committees on Appropriations an analysis of short and
        long-term costs, to include potential cost savings or increases,
        associated with transitioning the function, role, and duties of the
        Office of the United States Global AIDS Coordinator into USAID:
        Provided, That such report shall also assess any programmatic
        advantages and disadvantages, including the ability to achieve
        results, of making such a transition.
            (2)(A) Not later than 45 days after enactment of this Act, the
        Secretary of State, in consultation with the Administrator of the
        United States Agency for International Development (USAID), shall
        submit to the Committees on Appropriations a report on the status
        of the Quadrennial Diplomacy and Development Review (QDDR) decision
        to transition the leadership of the Global Health Initiative (GHI)
        to USAID, to include the following--
                (i) the metrics developed to measure progress in meeting
            each benchmark enumerated in Appendix 2 of the QDDR and the
            method utilized to develop such metrics; and
                (ii) the status of, and estimated completion date for,
            meeting each benchmark.
            (B) Within 90 days of submitting the initial report required by
        subparagraph (A), and each 90 days thereafter until the GHI
        transition is completed, an update shall be provided to the
        Committees on Appropriations on the status of meeting each
        benchmark:  Provided, That if as part of any such update it is
        determined that the QDDR target date of September 2012 will not be
        met, the Secretary of State, in consultation with the USAID
        Administrator, shall submit a detailed explanation of the delay and
        a revised target date for the transition to be completed.
        (c) Global Fund Reforms.--
            (1) Of funds appropriated by this Act that are available for a
        contribution to the Global Fund to Fight AIDS, Tuberculosis and
        Malaria (Global Fund), 10 percent should be withheld from
        obligation until the Secretary of State determines and reports to
        the Committees on Appropriations that--
                (A) the Global Fund is maintaining and implementing a
            policy of transparency, including the authority of the Global
            Fund Office of the Inspector General (OIG) to publish OIG
            reports on a public Web site;
                (B) the Global Fund is providing sufficient resources to
            maintain an independent OIG that--
                    (i) reports directly to the Board of the Global Fund;
                    (ii) maintains a mandate to conduct thorough
                investigations and programmatic audits, free from undue
                interference; and
                    (iii) compiles regular, publicly published audits and
                investigations of financial, programmatic, and reporting
                aspects of the Global Fund, its grantees, recipients, sub-
                recipients, and Local Fund Agents; and
                (C) the Global Fund maintains an effective whistleblower
            policy to protect whistleblowers from retaliation, including
            confidential procedures for reporting possible misconduct or
            irregularities.
            (2) The withholding required by this subsection shall not be in
        addition to funds that are withheld from the Global Fund in fiscal
        year 2012 pursuant to the application of any other provision
        contained in this or any other Act.
        (d) Pandemic Response.--If the President determines and reports to
    the Committees on Appropriations that a pandemic virus is efficient and
    sustained, severe, and is spreading internationally, funds made
    available under titles III, IV, and VIII in this Act and prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs may be made available to combat such virus:
    Provided, That funds made available pursuant to the authority of this
    subsection shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

                      prohibition on promotion of tobacco

        Sec. 7059.  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.

                      programs to promote gender equality

        Sec. 7060. (a) Programs funded under title III of this Act shall
    include, where appropriate, efforts to improve the status of women,
    including through gender considerations in the planning, assessment,
    implementation, monitoring and evaluation of such programs.
        (b) Funds appropriated under title III of this Act shall be made
    available to support programs to expand economic opportunities for poor
    women in developing countries, including increasing the number and
    capacity of women-owned enterprises, improving property rights for
    women, increasing women's access to financial services and capital,
    enhancing the role of women in economic decisionmaking at the local,
    national and international levels, and improving women's ability to
    participate in the global economy.
        (c) Funds appropriated under title III of this Act shall be made
    available to increase political opportunities for women, including
    strengthening protections for women's personal status, increasing
    women's participation in elections, and enhancing women's positions in
    government and role in government decisionmaking.
        (d) Funds appropriated under in 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.
        (e) The Secretary of State, in consultation with the heads of other
    relevant Federal agencies, shall develop a National Action Plan in
    accordance with United Nations Security Council Resolution 1325
    (adopted on October 31, 2000) to ensure the United States effectively
    promotes and supports the rights and roles of women in conflict-
    affected and post-conflict regions through clear, measurable
    commitments to--
            (1) promote the active and meaningful participation of women in
        affected areas in all aspects of conflict prevention, management,
        and resolution;
            (2) integrate the perspectives and interests of affected women
        into conflict-prevention activities and strategies;
            (3) promote the physical safety, economic security, and dignity
        of women and girls;
            (4) support women's equal access to aid distribution mechanisms
        and services; and
            (5) monitor, analyze and evaluate implementation efforts and
        their impact.
        (f) The Department of State and the United States Agency for
    International Development shall fully integrate gender into all
    diplomatic and development efforts through the inclusion of gender in
    strategic planning and budget allocations, and the development of
    indicators and evaluation mechanisms to measure the impact of United
    States policies and programs on women and girls in foreign countries.

                             gender-based violence

        Sec. 7061. (a) Funds appropriated under the headings ``Global
    Health Programs'', ``Development Assistance'', ``Economic Support
    Fund'', and ``International Narcotics Control and Law Enforcement'' in
    this Act shall be made available for gender-based violence prevention
    and response efforts, and funds appropriated under the headings
    ``International Disaster Assistance'', ``Complex Crises Fund'', and
    ``Migration and Refugee Assistance'' should be made available for such
    efforts.
        (b) 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 address,
    where appropriate, prevention and response to gender-based violence and
    trafficking in persons.

                               sector allocations

        Sec. 7062. (a) Basic and Higher Education.--
            (1) Basic education.--
                (A) Of the funds appropriated by title III of this Act, not
            less than $800,000,000 shall be made available for assistance
            for basic education, of which not less than $288,000,000 should
            be made available under the heading ``Development Assistance''.
                (B) The United States Agency for International Development
            shall ensure that programs supported with funds appropriated
            for basic education in this Act and prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs are integrated, when appropriate, with
            health, agriculture, governance, and economic development
            activities to address the economic and social needs of the
            broader community.
                (C) Funds appropriated by title III of this Act for basic
            education may be made available for a contribution to the
            Global Partnership for Education.
            (2) Higher education.--Of the funds appropriated by title III
        of this Act, not less than $200,000,000 shall be made available for
        assistance for higher education, of which $25,000,000 shall be to
        support such programs in Africa, including for partnerships between
        higher education institutions in Africa and the United States.
        (b) Development Grants Program.--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), primarily
    for unsolicited proposals, to support grants of not more than
    $2,000,000 to small nongovernmental organizations:  Provided, That
    funds made available under this subsection are in addition to other
    funds available for such purposes including funds designated by this
    Act by subsection (f).
        (c) Environment Programs.--
            (1) In general.--Of the funds appropriated by this Act, not
        less than $1,250,000,000 should be made available for programs and
        activities to protect the environment.
            (2) Clean energy programs.--The limitation in section 7081(b)
        of division F of Public Law 111-117 shall continue in effect during
        fiscal year 2012 as if part of this Act:  Provided, That the
        proviso contained in such section shall not apply.
            (3) Adaptation programs.--Funds appropriated by this Act may be
        made available for United States contributions to the Least
        Developed Countries Fund and the Special Climate Change Fund to
        support adaptation programs and activities.
            (4) Tropical forest programs.--Funds appropriated under title
        III of this Act for tropical forest programs shall be used to
        protect biodiversity, and shall not be used to support or promote
        the expansion of industrial scale logging into primary tropical
        forests:  Provided, That funds that are available for the Central
        African Regional Program for the Environment and other tropical
        forest programs in the Congo Basin for the United States Fish and
        Wildlife Service (USFWS) shall be apportioned directly to the
        USFWS:  Provided further, That funds made available for the
        Department of the Interior (DOI) for programs in the Guatemala
        Mayan Biosphere Reserve shall be apportioned directly to the DOI.
            (5) 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 environment programs.
            (6) Consultation.--Funds made available pursuant to this
        subsection are subject to prior consultation with, and the regular
        notification procedures of, the Committees on Appropriations.
            (7) Extraction of natural resources.--
                (A) 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 natural
            resources, including by strengthening implementation and
            monitoring of the Extractive Industries Transparency
            Initiative, implementing and enforcing section 8204 of Public
            Law 110-246 and the Kimberley Process Certification Scheme, and
            providing technical assistance to promote independent audit
            mechanisms and support civil society participation in natural
            resource management.
                (B)(i) 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 vote against any assistance
            by such institutions (including but not limited to any loan,
            credit, grant, or guarantee) for the extraction and export of a
            natural resource if the government of the country has in place
            laws or regulations to prevent or limit the public disclosure
            of company payments as required by section 1504 of Public Law
            111-203, and unless such government 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 public disclosure 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.
                (ii) The requirements of subparagraph (i) shall not apply
            to assistance for the purpose of building the capacity of such
            government to meet the requirements of this paragraph.
                (C) 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 vote against the expansion of
            industrial scale logging into primary tropical forests.
            (8) Continuation of prior law.--Section 7081(g)(2) and (4) of
        division F of Public Law 111-117 shall continue in effect during
        fiscal year 2012 as if part of this Act.
        (d) Food Security and Agriculture Development.--Of the funds
    appropriated by title III of this Act, $1,170,000,000 should be made
    available for food security and agriculture development programs, of
    which $31,500,000 shall be made available for Collaborative Research
    Support Programs:  Provided, That such funds may be made available
    notwithstanding any other provision of law to address food shortages,
    and may 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.
        (e) Microenterprise and Microfinance.--Of the funds appropriated by
    this Act, not less than $265,000,000 should be made available for
    microenterprise and microfinance development programs for the poor,
    especially women.
        (f) Reconciliation Programs.--(1) Of the funds appropriated by
    title III of this Act under the headings ``Economic Support Fund'' and
    ``Development Assistance'', $26,000,000 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 $10,000,000 shall be made
    available for 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 uses of such funds.
        (2) Of the funds appropriated by title III of this Act under the
    headings ``Economic Support Fund'' and ``Development Assistance'',
    $10,000,000 should be made available for a ``New Generation in the
    Middle East'' initiative to build understanding, tolerance, and mutual
    respect among the next generation of Israeli and Palestinian leaders.
        (g) Trafficking in Persons.--Of the funds appropriated by this Act
    under the headings ``Development Assistance'', ``Economic Support
    Fund'', ``International Narcotics Control and Law Enforcement'', and
    ``Assistance for Europe, Eurasia and Central Asia'' not less than
    $36,000,000 shall be made available for activities to combat
    trafficking in persons internationally.
        (h) Water.--Of the funds appropriated by this Act, not less than
    $315,000,000 shall be made available for water and sanitation supply
    projects pursuant to the Senator Paul Simon Water for the Poor Act of
    2005 (Public Law 109-121).
        (i) Women's Leadership Capacity.--Of the funds appropriated by
    title III of this Act, not less than $20,000,000 shall be made
    available for programs to improve women's leadership capacity in
    recipient countries.
        (j) Notification Requirements.--Authorized deviations from funding
    levels contained in this section shall be subject to the regular
    notification procedures of the Committees on Appropriations.

                                  central asia

        Sec. 7063.  The terms and conditions of sections 7075(a) through
    (d) 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,
    except that the Secretary of State may waive the application of section
    7076(a) for a period of not more than 6 months and every 6 months
    thereafter until September 30, 2013, if the Secretary certifies to the
    Committees on Appropriations that the waiver is in the national
    security interest and necessary to obtain access to and from
    Afghanistan for the United States, and the waiver includes an
    assessment of progress, if any, by the Government of Uzbekistan in
    meeting the requirements in section 7076(a):  Provided, That the
    Secretary of State, in consultation with the Secretary of Defense,
    shall submit a report to the Committees on Appropriations not later
    than 180 days after enactment of this Act and 12 months thereafter, on
    all United States Government assistance provided to the Government of
    Uzbekistan and expenditures made in support of the Northern
    Distribution Network in Uzbekistan, including any credible information
    that such assistance or expenditures are being diverted for corrupt
    purposes:  Provided further, That information provided in the report
    required by the previous proviso may be provided in a classified annex
    and such annex shall indicate the basis for such classification:
    Provided further, That for the purposes of the application of section
    7075(c) to this Act, the report shall be submitted not later than
    October 1, 2012, and 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.

                             requests for documents

        Sec. 7064.  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.

                    overseas private investment corporation

                         (including transfer of funds)

        Sec. 7065. (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, the authority of subsections (a) through (c) of section 234 of
    such Act shall remain in effect until September 30, 2012.

                        international prison conditions

        Sec. 7066. (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, describing--
            (1) conditions in prisons and other detention facilities in at
        least 25 countries whose governments receive United States
        assistance and which the Secretary determines raise serious human
        rights or humanitarian concerns; and
            (2) the extent to which such governments are taking steps to
        eliminate such conditions.
        (b) For purposes of each determination made pursuant to subsection
    (a), the 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 eliminate
    inhumane conditions in foreign prisons and other detention facilities.

                         prohibition on use of torture

        Sec. 7067. (a) None of the funds made available in this Act may be
    used to support or justify the use of torture, cruel or inhumane
    treatment by any official or contract employee of the United States
    Government.
        (b) 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
    eliminate torture by foreign police, military or other security forces
    in countries receiving assistance from funds appropriated by this Act
    that are identified in the Department of State's most recent Country
    Reports on Human Rights Practices.

                                  extradition

        Sec. 7068. (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.

                     commercial leasing of defense articles

        Sec. 7069.  Notwithstanding any other provision of law, and subject
    to the regular notification procedures of the Committees on
    Appropriations, the authority of section 23(a) of the Arms Export
    Control Act may be used to provide financing to Israel, Egypt and NATO
    and major non-NATO allies for the procurement by leasing (including
    leasing with an option to purchase) of defense articles from United
    States commercial suppliers, not including Major Defense Equipment
    (other than helicopters and other types of aircraft having possible
    civilian application), if the President determines that there are
    compelling foreign policy or national security reasons for those
    defense articles being provided by commercial lease rather than by
    government-to-government sale under such Act.

                 independent states of the former soviet union

        Sec. 7070. (a) None of the funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'' shall 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:  Provided, That such
    funds may be made available without regard to the restriction in this
    subsection if the President determines that to do so is in the national
    security interest of the United States.
        (b)(1) Of the funds appropriated under the heading ``Assistance for
    Europe, Eurasia and Central Asia'' that are allocated for assistance
    for the Government of the Russian Federation, 60 percent shall be
    withheld from obligation until the President determines and certifies
    in writing 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 Chechnya.
            (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.
        (c) 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 non-proliferation 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.

                          international monetary fund

        Sec. 7071. (a) The terms and conditions of sections 7086(b) (1) and
    (2) and 7090(a) of division F of Public Law 111-117 shall apply to this
    Act.
        (b) 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.
        (c) The Secretary of the Treasury shall seek to ensure that the IMF
    is implementing best practices for the protection of whistleblowers
    from retaliation, including best practices for legal burdens of proof,
    access to independent adjudicative bodies, results that eliminate the
    effects of retaliation, and statutes of limitation for reporting
    retaliation.

                      repression in the russian federation

        Sec. 7072. (a) None of the funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'' in this Act may be
    made available for the Government of the Russian Federation, after 180
    days from the date of the enactment of this Act, unless the Secretary
    of State certifies to the Committees on Appropriations that the
    Government of the Russian Federation:
            (1) has implemented no statute, Executive order, regulation or
        similar government action that would discriminate, or which has as
        its principal effect discrimination, against religious groups or
        religious communities in the Russian Federation in violation of
        accepted international agreements on human rights and religious
        freedoms to which the Russian Federation is a party;
            (2) is honoring its international obligations regarding freedom
        of expression, assembly, and press, as well as due process;
            (3) is investigating and prosecuting law enforcement personnel
        credibly alleged to have committed human rights abuses against
        political leaders, activists and journalists; and
            (4) is immediately releasing political leaders, activists and
        journalists who remain in detention.
        (b) The Secretary of State may waive the requirements of subsection
    (a) if the Secretary determines that to do so is important to the
    national interests of the United States.

                       prohibition on first-class travel

        Sec. 7073.  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.

                              disability programs

        Sec. 7074.  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 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,
    and shall also be made available to support disability advocacy
    organizations to provide training and technical assistance for disabled
    persons organizations in such countries:  Provided, That of the funds
    made available by this section, up to 7 percent may be for management,
    oversight, and technical support.

                                enterprise funds

        Sec. 7075. (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 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 no such funds may
    be available except through the regular notification procedures of the
    Committees on Appropriations.

                                consular affairs

        Sec. 7076. (a) The Secretary of State shall implement the necessary
    steps, including hiring a sufficient number of consular officers to
    include limited non-career appointment officers, in the People's
    Republic of China, Brazil, and India to reduce the wait time to
    interview visa applicants who have submitted applications.
        (b) The Secretary of State shall conduct a risk and benefit
    analysis regarding the extension of the expiration period for B-1 or B-
    2 visas for visa applicants before requiring a consular officer
    interview and, unless such analysis finds that risks outweigh benefits,
    develop a plan to extend such expiration period in a manner consistent
    with maintaining security controls.
        (c) The Secretary of State may develop and conduct a pilot program
    for the processing of B-1 and B-2 visas using secure remote
    videoconferencing technology as a method for conducting visa interviews
    of applicants:  Provided, That any such pilot should be developed in
    consultation with other Federal agencies that use such secure
    communications to help ensure security of the videoconferencing
    transmission and encryption:  Provided further, That no pilot program
    should be conducted if the Secretary determines and reports to the
    Committees on Appropriations that such program poses an undue security
    risk and that it cannot be conducted in a manner consistent with
    maintaining security controls.

                               procurement reform

        Sec. 7077. (a) Local Competition.--Notwithstanding any other
    provision of law, the Administrator of the United States Agency for
    International Development (USAID) may, with funds made available in
    this Act and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs, award contracts and
    other acquisition instruments in which competition is limited to local
    entities if doing so would result in cost savings, develop local
    capacity, or enable the USAID Administrator to initiate a program or
    activity in appreciably less time than if competition were not so
    limited:  Provided, That the authority provided in this section may not
    be used to make awards in excess of $5,000,000 and shall not exceed
    more than 10 percent of the funds made available to USAID under this
    Act for assistance programs:  Provided further, That such authority
    shall be available to support a pilot program with such funds:
    Provided further, That the USAID Administrator shall consult with the
    Committees on Appropriations and relevant congressional committees on
    the results of such pilot program.
        (b) For the purposes of this section, local entity means an
    individual, a corporation, a nonprofit organization, or another body of
    persons that--
            (1) is legally organized under the laws of;
            (2) has as its principal place of business or operations in;
        and
            (3) either is--
                (A) majority owned by individuals who are citizens or
            lawful permanent residents of; or
                (B) managed by a governing body the majority of whom are
            citizens or lawful permanent residents of;
        a country receiving assistance from funds appropriated under title
        III of this Act.
        (c) For purposes of this section, ``majority owned'' and ``managed
    by'' include, without limitation, beneficiary interests and the power,
    either directly or indirectly, whether exercised or exercisable, to
    control the election, appointment, or tenure of the organization's
    managers or a majority of the organization's governing body by any
    means.

                           operating and spend plans

        Sec. 7078. (a) Operating Plans.--Not later than 30 days after the
    date of enactment of this Act, each department, agency or organization
    funded in titles I and II, and the Department of the Treasury and
    Independent Agencies funded in title III of this Act shall submit to
    the Committees on Appropriations an operating plan for funds
    appropriated to such department, agency, or organization in such titles
    of this Act, or funds otherwise available for obligation in fiscal year
    2012, that provides details of the use of such funds at the program,
    project, and activity level.
        (b) Spend Plans.--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 detailed spend plan for the following--
            (1) funds appropriated under the heading ``Democracy Fund'';
            (2) funds made available in titles III and IV of this Act for
        assistance for Iraq, Haiti, Colombia, and Mexico, for the Caribbean
        Basin Security Initiative, and for the Central American Regional
        Security Initiative;
            (3) funds made available for assistance for countries or
        programs and activities referenced in--
                (A) section 7040;
                (B) section 7041(a), (e), (f), and (i);
                (C) section 7043(b);
                (D) section 7046(a) and (c); and
            (4) funds appropriated in title III for food security and
        agriculture development programs and for environment programs.
        (c) Notifications.--The spend plans referenced in subsection (b)
    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.

                                  rescissions

        Sec. 7079. (a) 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'', $13,700,000 are rescinded, of which $8,000,000 shall be
    from funds for Worldwide Security Protection:  Provided, 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.
        (b) Of the unexpended balances available under the heading ``Export
    and Investment Assistance, Export-Import Bank of the United States,
    Subsidy Appropriation'' from prior Acts making appropriations for the
    Department of State, foreign operations, and related programs,
    $400,000,000 are rescinded.
        (c) Of the unexpended balances available to the President for
    bilateral economic assistance under the heading ``Economic Support
    Fund'' from prior Acts making appropriations for the Department of
    State, foreign operations, and related programs, $100,000,000 are
    rescinded:  Provided, 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.
        (d) The Secretary of State, as appropriate, shall consult with the
    Committees on Appropriations at least 15 days prior to implementing the
    rescissions made in this section.

                        special defense acquisition fund

                     (including limitation on obligations)

        Sec. 7080. (a) Transfer.--Of the funds made available pursuant to
    the last proviso in the second paragraph under the heading ``Foreign
    Military Financing Program'' in this Act, up to $100,000,000 of such
    funds may be transferred to the Special Defense Acquisition Fund
    pursuant to section 51 of the Arms Export Control Act.
        (b) Limitation on Obligations.--Not to exceed $100,000,000 may be
    obligated pursuant to section 51(c)(2) of the Arms Export Control Act
    for the purposes of the Special Defense Acquisition Fund (Fund), to
    remain available for obligation until September 30, 2015:  Provided,
    That the provision of defense articles and defense services to foreign
    countries or international organizations from the Fund shall be subject
    to the concurrence of the Secretary of State.

                        authority for capital increases

        Sec. 7081. (a) International Bank for Reconstruction and
    Development.--The Bretton Woods Agreements Act, as amended (22 U.S.C.
    286 et seq.), is further amended by adding at the end thereof the
    following new sections:
      ``SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES OF AGREEMENT OF
          THE BANK TO INCREASE BASIC VOTES.
        ``The United States Governor of the Bank may accept on behalf of
    the United States the amendment to the Articles of Agreement of the
    Bank as proposed in resolution No. 596, entitled `Enhancing Voice and
    Participation of Developing and Transition Countries,' of the Board of
    Governors of the Bank that was approved by such Board on January 30,
    2009.
      ``SEC. 70. CAPITAL STOCK INCREASES.
        ``(a) Increases Authorized.--The United States Governor of the Bank
    is authorized--
            ``(1)(A) to vote in favor of a resolution to increase the
        capital stock of the Bank on a selective basis by 230,374 shares;
        and
            ``(B) to subscribe on behalf of the United States to 38,459
        additional shares of the capital stock of the Bank, as part of the
        selective increase in the capital stock of the Bank, except that
        any subscription to such additional shares shall be effective only
        to such extent or in such amounts as are provided in advance in
        appropriations Acts;
            ``(2)(A) to vote in favor of a resolution to increase the
        capital stock of the Bank on a general basis by 484,102 shares; and
            ``(B) to subscribe on behalf of the United States to 81,074
        additional shares of the capital stock of the Bank, as part of the
        general increase in the capital stock of the Bank, except that any
        subscription to such additional shares shall be effective only to
        such extent or in such amounts as are provided in advance in
        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)(2)(B), there are
        authorized to be appropriated, without fiscal year limitation,
        $9,780,361,991 for payment by the Secretary of the Treasury.
            ``(2) Of the amount authorized to be appropriated under
        paragraph (2)(A)--
                ``(A) $586,821,720 shall be for paid in shares of the Bank;
            and
                ``(B) $9,193,540,271 shall be for callable shares of the
            Bank.''.
        (b) International Finance Corporation.--The International Finance
    Corporation Act, Public Law 84-350, as amended (22 U.S.C. 282 et seq.),
    is further amended by adding at the end thereof the following new
    section:
      ``SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT OF THE ARTICLES
          OF AGREEMENT.
        ``(a) Vote Authorized.--The United States Governor of the
    Corporation is authorized to vote in favor of a resolution to increase
    the capital stock of the Corporation by $130,000,000.
        ``(b) Amendment of the Articles of Agreement.--The United States
    Governor of the Corporation is authorized to agree to and accept an
    amendment to Article IV, Section 3(a) of the Articles of Agreement of
    the Corporation that achieves an increase in basic votes to 5.55
    percent of total votes.''.
        (c) Inter-American Development Bank.--The Inter-American
    Development Bank Act, Public Law 86-147, as amended (22 U.S.C. 283 et
    seq.), is further amended by adding at the end thereof the following
    new section:
      ``SEC. 41. NINTH CAPITAL INCREASE.
        ``(a) Vote Authorized.--The United States Governor of the Bank is
    authorized to vote in favor of a resolution to increase the capital
    stock of the Bank by $70,000,000,000 as described in Resolution AG-7/
    10, `Report on the Ninth General Capital Increase in the resources of
    the Inter-American Development Bank' as approved by Governors on July
    21, 2010.
        ``(b) Subscription Authorized.--
            ``(1) The United States Governor of the Bank may subscribe on
        behalf of the United States to 1,741,135 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 provided in advance in appropriations Acts.
        ``(c) Limitations on Authorization of Appropriations.--
            ``(1) In order to pay for the increase in the United States
        subscription to the Bank under subsection (b), there are authorized
        to be appropriated, without fiscal year limitation, $21,004,064,337
        for payment by the Secretary of the Treasury.
            ``(2) Of the amount authorized to be appropriated under
        paragraph (1)--
                ``(A) $510,090,175 shall be for paid in shares of the Bank;
            and
                ``(B) $20,493,974,162 shall be for callable shares of the
            Bank.''.
        (d) African Development Bank.--The African Development Bank Act,
    Public Law 97-35, as amended (22 U.S.C. 290i et seq.), is further
    amended by adding at the end thereof the following new section:
    ``SEC. 1344. SIXTH CAPITAL INCREASE.
        ``(a) Subscription Authorized.--
            ``(1) The United States Governor of the Bank may subscribe on
        behalf of the United States to 289,391 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 provided in advance in 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, $4,322,228,221
        for payment by the Secretary of the Treasury.
            ``(2) Of the amount authorized to be appropriated under
        paragraph (1)--
                ``(A) $259,341,759 shall be for paid in shares of the Bank;
            and
                ``(B) $4,062,886,462 shall be for callable shares of the
            Bank.''.
        (e) European Bank for Reconstruction and Development.--The European
    Bank for Reconstruction and Development Act, Section 562(c) of Public
    Law 101-513, as amended (22 U.S.C. 290l et seq.), is further amended by
    adding at the end thereof the following new paragraph:
            ``(12) Capital increase.--
                ``(A) Subscription authorized.--
                    ``(i) The United States Governor of the Bank may
                subscribe on behalf of the United States up to 90,044
                additional callable shares of the capital stock of the Bank
                in accordance with Resolution No. 128 as adopted by the
                Board of Governors of the Bank on May 14, 2010.
                    ``(ii) Any subscription by the United States to
                additional capital stock of the Bank shall be effective
                only to such extent and in such amounts as are provided in
                advance in appropriations Acts.
                ``(B) Limitations on authorization of appropriations.--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, up to
            $1,252,331,952 for payment by the Secretary of the Treasury.''.

                  reforms related to general capital increases

        Sec. 7082. (a) Reforms.--Funds appropriated by this Act may not be
    disbursed for a United States contribution to the general capital
    increases of the International Bank for Reconstruction and Development
    (World Bank), the African Development Bank (AfDB), or the Inter-
    American Development Bank (IDB) until the Secretary of the Treasury
    reports to the Committees on Appropriations that such institution, as
    appropriate, is making substantial progress toward the following--
            (1) implementing specific reform commitments agreed to by the
        World Bank and the AfDB as described in the Pittsburgh Leaders'
        Statement issued at the Pittsburgh G20 Summit in September 2009
        concerning sound finances, effective management and governance,
        transparency and accountability, focus on core mission, and
        results;
            (2) implementing specific reform commitments agreed to by the
        IDB in Resolution AG-7/10 ``Report on the Ninth General Capital
        Increase in the resources of the Inter-American Development Bank''
        as approved by the Governors on July 12, 2010, including transfers
        of at least $200,000,000 annually to a grant facility for Haiti;
            (3) implementing procurement guidelines that maximize
        international competitive bidding in accordance with sound
        procurement practices, including transparency, competition, and
        cost-effective results for borrowers;
            (4) implementing best practices for the protection of
        whistleblowers from retaliation, including best practices for legal
        burdens of proof, access to independent adjudicative bodies,
        results that eliminate the effects of retaliation, and statutes of
        limitation for reporting retaliation;
            (5) requiring that each candidate for budget support or
        development policy loans provide an assessment of reforms needed to
        budgetary and procurement processes to encourage transparency,
        including budget publication and public scrutiny, prior to loan
        approval;
            (6) making publicly available external and internal performance
        and financial audits of such institution's projects on the
        institution's Web site;
            (7) adopting policies concerning the World Bank's proposed
        Program for Results (P4R) to: limit P4R to no more than 5 percent
        of annual World Bank lending as a pilot for a period of not less
        than two years; require that projects with potentially significant
        adverse social or environmental impacts and projects that affect
        indigenous peoples are either excluded from P4R or subject to the
        World Bank's own policies; require that at the close of the pilot
        there will be a thorough, independent evaluation, with input from
        civil society and the private sector, to provide guidance
        concerning next steps for the pilot; and fully staff the World Bank
        Group's Integrity Vice Presidency, with agreement from Borrowers on
        the World Bank's jurisdiction and authority to investigate
        allegations of fraud and corruption in any of the World Bank's
        lending programs including P4R; and
            (8) concerning the World Bank, strengthening the public
        availability of information regarding International Finance
        Corporation (IFC) subprojects when the IFC is funding a financial
        intermediary, including--
                (A) requiring that higher-risk subprojects comply with the
            relevant Performance Standard requirements; and
                (B) agreeing to periodically disclose on the IFC Web site a
            listing of the name, location, and sector of high-risk
            subprojects supported by IFC investments through private equity
            funds.
        (b) Report.--Not later than 180 days after enactment of this Act
    and every 6 months thereafter until September 30, 2013, the Secretary
    of the Treasury shall submit to the Committees on Appropriations a
    report detailing the extent to which each institution has continued to
    make progress on each policy goal listed in subsection (a).

                          authority for replenishments

        Sec. 7083. (a) International Development Association.--The
    International Development Association Act, Public Law 86-565, as
    amended (22 U.S.C. 284 et seq.), is further amended by adding at the
    end thereof the following new sections:
      ``SEC. 26. SIXTEENTH REPLENISHMENT.
        ``(a) The United States Governor of the International Development
    Association is authorized to contribute on behalf of the United States
    $4,075,500,000 to the sixteenth replenishment of the resources of the
    Association, subject to obtaining the necessary appropriations.
        ``(b) In order to pay for the United States contribution provided
    for in subsection (a), there are authorized to be appropriated, without
    fiscal year limitation, $4,075,500,000 for payment by the Secretary of
    the Treasury.
      ``SEC. 27. MULTILATERAL DEBT RELIEF.
        ``(a) The Secretary of the Treasury is authorized to contribute, on
    behalf of the United States, not more than $474,000,000 to the
    International Development Association for the purpose of funding debt
    relief cost under the Multilateral Debt Relief Initiative incurred in
    the period governed by the sixteenth replenishment of resources of the
    International Development Association, subject to obtaining the
    necessary appropriations and without prejudice to any funding
    arrangements in existence on the date of the enactment of this section.
        ``(b) In order to pay for the United States contribution provided
    for in subsection (a), there are authorized to be appropriated, without
    fiscal year limitation, not more than $474,000,000 for payment by the
    Secretary of the Treasury.
        ``(c) In this section, the term `Multilateral Debt Relief
    Initiative' means the proposal set out in the G8 Finance Ministers'
    Communique entitled `Conclusions on Development', done at London, June
    11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit
    on July 8, 2005.''.
        (b) African Development Bank.--The African Development Fund Act,
    Public Law 94-302, as amended (22 U.S.C. 290g et seq.), is further
    amended by adding at the end thereof the following new sections:
        ``SEC. 221. TWELFTH REPLENISHMENT.
        ``(a) The United States Governor of the Fund is authorized to
    contribute on behalf of the United States $585,000,000 to the twelfth
    replenishment of the resources of the Fund, subject to obtaining the
    necessary appropriations.
        ``(b) In order to pay for the United States contribution provided
    for in subsection (a), there are authorized to be appropriated, without
    fiscal year limitation, $585,000,000 for payment by the Secretary of
    the Treasury.
        ``SEC. 222. MULTILATERAL DEBT RELIEF.
        ``(a) The Secretary of the Treasury is authorized to contribute, on
    behalf of the United States, not more than $60,000,000 to the African
    Development Fund for the purpose of funding debt relief costs under the
    Multilateral Debt Relief Initiative incurred in the period governed by
    the twelfth replenishment of resources of the African Development Fund,
    subject to obtaining the necessary appropriations and without prejudice
    to any funding arrangements in existence on the date of the enactment
    of this section.
        ``(b) In order to pay for the United States contribution provided
    for in subsection (a), there are authorized to be appropriated, without
    fiscal year limitation, not more than $60,000,000 for payment by the
    Secretary of the Treasury.
        ``(c) In this section, the term `Multilateral Debt Relief
    Initiative' means the proposal set out in the G8 Finance Ministers'
    Communique entitled `Conclusions on Development', done at London, June
    11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit
    on July 8, 2005.''.

                 authority for the fund for special operations

        Sec. 7084.  Up to $36,000,000 of funds appropriated for the account
    ``Department of the Treasury, Debt Restructuring'' by the Full-Year
    Continuing Appropriations Act, 2011 (Public Law 112-10, Division B) may
    be made available 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 debt relief provided to Haiti in
    view of the Cancun Declaration of March 21, 2010.

                         united nations population fund

        Sec. 7085. (a) Contribution.--Of the funds made available under the
    heading ``International Organizations and Programs'' in this Act for
    fiscal year 2012, $35,000,000 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
    Programs'' 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.

                                  limitations

        Sec. 7086. (a)(1) None of the funds appropriated under the heading
    ``Economic Support Fund'' in this Act may be made available for
    assistance for the Palestinian Authority if the Palestinians obtain,
    after the date of enactment of this Act, the same standing as member
    states or full membership as a state in the United Nations or any
    specialized agency thereof outside an agreement negotiated between
    Israel and the Palestinians.
        (2) The Secretary of State may waive the restriction in paragraph
    (1) if the Secretary certifies to the Committees on Appropriations that
    to do so is in the national security interest of the United States, and
    submits a report to such Committees detailing how the waiver and the
    continuation of assistance would assist in furthering Middle East
    peace.
        (b)(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 the
    Palestinians have not, after the date of enactment of this Act,
    obtained in the United Nations or any specialized agency thereof the
    same standing as member states or full membership as a state outside an
    agreement negotiated between Israel and the Palestinians.
        (2) Not less than 90 days after the President is unable to make the
    certification pursuant to subsection (b)(1), the President may waive
    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 the Palestinians have entered into direct and
    meaningful negotiations with Israel:  Provided, That any waiver of the
    provisions of section 1003 of Public Law 100-204 under paragraph (1) of
    this subsection or under previous provisions of law must expire before
    the waiver under the preceding sentence may be exercised.
        (3) Any waiver pursuant to this subsection 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.

                    use of funds in contravention of this act

        Sec. 7087.  If the Executive Branch makes a determination not to
    comply with any provision of this Act on constitutional grounds, 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.

                                   TITLE VIII

                        OVERSEAS CONTINGENCY OPERATIONS/

                            GLOBAL WAR ON TERRORISM

                              DEPARTMENT OF STATE

                       Administration of Foreign Affairs

                        diplomatic and consular programs

                         (including transfer of funds)

        For an additional amount for ``Diplomatic and Consular Programs'',
    $4,389,064,000, to remain available until September 30, 2013, of which
    $236,201,000 is for Worldwide Security Protection and shall remain
    available until expended:  Provided, That the Secretary of State may
    transfer up to $230,000,000 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 such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                       conflict stabilization operations

        For an additional amount for ``Conflict Stabilization Operations'',
    $8,500,000, to remain available until expended:  Provided, That such
    amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                          office of inspector general

        For an additional amount for ``Office of Inspector General'',
    $67,182,000, to remain available until September 30, 2013, of which
    $19,545,000 shall be for the Special Inspector General for Iraq
    Reconstruction for reconstruction oversight, and $44,387,000 shall be
    for the Special Inspector General for Afghanistan Reconstruction for
    reconstruction oversight:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                   educational and cultural exchange programs

        For an additional amount for ``Educational and Cultural Exchange
    Programs'', as authorized, $15,600,000, to remain available until
    expended:  Provided, That such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                embassy security, construction, and maintenance

        For an additional amount for ``Embassy Security, Construction, and
    Maintenance'', $33,000,000, to remain available until expended:
    Provided, That such amount is designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                          International Organizations

                  contributions to international organizations

        For an additional amount for ``Contributions to International
    Organizations'', $101,300,000:  Provided, That such amount is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                                 RELATED AGENCY

                        Broadcasting Board of Governors

                     international broadcasting operations

        For an additional amount for ``International Broadcasting
    Operations'', $4,400,000:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                                Related Programs

                        united states institute of peace

        For an additional amount for ``United States Institute of Peace'',
    $8,411,000, to remain available until September 30, 2013:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

               UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                      Funds Appropriated to the President

                               operating expenses

        For an additional amount for ``Operating Expenses'', $255,000,000,
    to remain available until September 30, 2013:  Provided, That such
    amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                          office of inspector general

        For an additional amount for ``Office of Inspector General'',
    $4,500,000, to remain available until September 30, 2013:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                         BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

                       international disaster assistance

        For an additional amount for ``International Disaster Assistance'',
    $150,000,000, to remain available until September 30, 2013:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                             transition initiatives

        For an additional amount for ``Transition Initiatives'',
    $6,554,000, to remain available until September 30, 2013:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                              complex crises fund

        For an additional amount for ``Complex Crises Fund'', $30,000,000,
    to remain available until September 30, 2013:  Provided, That such
    amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                             economic support fund

        For an additional amount for ``Economic Support Fund'',
    $2,761,462,000, to remain available until September 30, 2013:
    Provided, That such amount is designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                              Department of State

                        migration and refugee assistance

        For an additional amount for ``Migration and Refugee Assistance'',
    $229,000,000, to remain available until September 30, 2013:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                           Department of the Treasury

                   international affairs technical assistance

        For an additional amount for ``International Affairs Technical
    Assistance'', $1,552,000, to remain available until September 30, 2013,
    which shall be available notwithstanding any other provision of law:
    Provided, That such amount is designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                       INTERNATIONAL SECURITY ASSISTANCE

                              Department of State

              international narcotics control and law enforcement

        For an additional amount for ``International Narcotics Control and
    Law Enforcement'', $983,605,000, to remain available until September
    30, 2013:  Provided, That such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

        nonproliferation, anti-terrorism, demining and related programs

        For an additional amount for ``Nonproliferation, Anti-terrorism,
    Demining and Related Programs'', $120,657,000, to remain available
    until September 30, 2013:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                            peacekeeping operations

        For an additional amount for ``Peacekeeping Operations'',
    $81,000,000, to remain available until September 30, 2013:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                      Funds Appropriated to the President

                       foreign military financing program

        For an additional amount for ``Foreign Military Financing
    Program'', $1,102,000,000, to remain available until September 30,
    2013:  Provided, That such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                   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,
    $850,000,000, to remain available until September 30, 2013, 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 except section 620M of the
    Foreign Assistance Act of 1961, as amended by this Act, 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:  Provided further, That the
    amount in this paragraph is designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                               GENERAL PROVISIONS

        Sec. 8001.  Notwithstanding any other provision of law, funds
    appropriated in this title are in addition to amounts appropriated or
    otherwise made available in this Act for fiscal year 2012.
        Sec. 8002.  Unless otherwise provided for in this Act, the
    additional amounts appropriated by this title to appropriations
    accounts in this Act shall be available under the authorities and
    conditions applicable to such appropriations accounts.
        Sec. 8003.  Funds appropriated by this title under the headings
    ``International Disaster Assistance'', ``Transition Initiatives'',
    ``Complex Crises Fund'', ``Economic Support Fund'', ``Migration and
    Refugee Assistance'', ``International Narcotics Control and Law
    Enforcement'', ``Nonproliferation, Anti-terrorism, Demining, and
    Related Programs'', ``Peacekeeping Operations'', ``Foreign Military
    Financing Program'', and ``Pakistan Counterinsurgency Capability
    Fund'', may be transferred to, and merged with, funds appropriated by
    this title under such headings:  Provided, That such transfers shall be
    subject to the regular notification procedures of the Committees on
    Appropriations:  Provided further, That the transfer authority in this
    section is in addition to any transfer authority otherwise available
    under any other provision of law, including section 610 of the Foreign
    Assistance Act which may be exercised by the Secretary of State for the
    purposes of this title.
        Sec. 8004.  If authorized during fiscal year 2012, there shall be
    established in the Treasury of the United States the ``Global Security
    Contingency Fund'' (the Fund):  Provided, That notwithstanding any
    provision of law, during the current fiscal year, not to exceed
    $50,000,000 from funds appropriated under the headings ``International
    Narcotics Control and Law Enforcement'', ``Foreign Military Financing
    Program'', and ``Pakistan Counterinsurgency Capability Fund'' under
    title VIII of this Act may be transferred to the Fund:  Provided
    further, That this transfer authority is in addition to any other
    transfer authority available to the Department of State, and shall be
    subject to prior consultation with the Committees on Appropriations:
    Provided further, That the Secretary of State shall, not later than 15
    days prior to making any such transfer, notify the Committees on
    Appropriations in accordance with the regular notification procedures
    of the Committees on Appropriations, including the source of funds and
    a detailed justification, implementation plan, and timeline for each
    proposed project:  Provided further, That, notwithstanding any
    provision of law, the requirements of this section, including the
    amount and source of transferred funds, shall apply to any transfer or
    other authority relating to the Fund enacted subsequent to the
    enactment of this Act unless such subsequently enacted provision of law
    specifically references this section.
         This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2012''.

                                   Speaker of the House of Representatives.

                                Vice President of the United States and
                                                   President of the Senate.