Congressional Record, Volume 157 Issue 193 (Thursday, December 15, 2011)

[Congressional Record Volume 157, Number 193 (Thursday, December 15, 2011)]
[House]
[Pages H9433-H9797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

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House of Representatives

CONFERENCE REPORT ON H.R. 2055, CONSOLIDATED APPROPRIATIONS ACT, 2012--
(continued)

DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012 JOINT
EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

The language and allocations set forth in House Report 112-
118 and Senate Report 112-75 should be complied with unless
specifically addressed to the contrary in the conference
report and statement of managers. Report language included by
the House which is not contradicted by the report of the
Senate or the conference, and Senate report language which is
not contradicted by the report of the House or the conference
is approved by the committee of conference. The statement of
managers, while repeating some report language for emphasis,
does not intend to negate the language referred to above
unless expressly provided herein. In cases where both the
House report and Senate report address a particular issue not
specifically addressed in the conference report or joint
statement of managers, the conferees have determined that the
House report and Senate report are not inconsistent and are
to be interpreted accordingly. In cases in which the House or
Senate have directed the submission of a report, such report
is to be submitted to both the House and Senate Committees on
Appropriations.
Funds for the individual programs and activities within the
accounts in this Act are displayed in the detailed table at
the end of the explanatory statement for this Act. Funding
levels that are not displayed in the detailed table are
identified in this explanatory statement.

TITLE I

CORPS OF ENGINEERS--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers. The
conference agreement includes no new starts as proposed by
the House and Senate. Additional items of the Act are
discussed below.

INVESTIGATIONS

The conference agreement provides $125,000,000 for
Investigations as proposed by the Senate, instead of
$104,000,000 as proposed by the House. The Act does not
include language regarding expenditure of funds as proposed
by the House.
The allocation for projects and activities within the
Investigations account is shown in the following table:

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Additional Funding for Ongoing Work.--The fiscal year 2012
budget request does not reflect the extent of need for
project studies funding. The Corps has numerous continuing
studies that will be suspended under the limits of the budget
request. These studies could lead to projects with
significant economic benefits, particularly by increasing
national competitiveness through marine transportation
improvements and by avoiding damages caused by flooding and
coastal storms. The conference agreement includes additional
funds to continue ongoing studies. While this additional
funding is shown in the feasibility column, the Corps should
utilize these funds in any applicable phase of work. The
intent of these funds is for ongoing work that either was not
included in the Administration's request or was inadequately
budgeted. In no case shall funds be used to initiate new
studies within this account.
A study shall be eligible for this funding if it has
received funding, other than through a reprogramming, in at
least one of the previous three fiscal years. Funding
associated with each category may be allocated to any
eligible study within that category; funding associated with
each subcategory may be allocated only to eligible studies
within that subcategory. The list of subcategories is not
meant to be exhaustive. The conferees direct that priority in
allocating these funds be given to completing or accelerating
ongoing studies which will enhance the nation's economic
development, job growth and international competitiveness, or
are for projects located in areas that have suffered recent
natural disasters.
Within 45 days of enactment of this Act, the Corps shall
provide to the House and Senate Committees on Appropriations
a work plan delineating how these funds are to be distributed
and in which phase the work is to be accomplished. A document
providing the Administration's criteria for justifying the
funding decisions made shall accompany this work plan. No
funds shall be obligated for any project under this program
which has not been justified in such a report.
Water Resources Principles and Guidelines.--No funds are
provided for the line item proposed for Water Resources
Principles and Guidelines, as this is considered a new start.
No funds provided to the Corps shall be used to develop or
implement rules or guidance if an update or replacement to
the document dated March 10, 1983, and entitled ``Economic
and Environmental Principles and Guidelines for Water and
Related Land Resources Implementation Studies'' is finalized
during the fiscal year period covered by the Energy and Water
Development Act for 2012. The Corps shall continue to use the
Water Resources Principles and Guidelines in effect as of the
date of enactment of this Act during that same period.

CONSTRUCTION

The conference agreement provides $1,694,000,000 for
Construction, instead of $1,565,191,000 as proposed by the
House and $1,610,000,000 as proposed by the Senate. The Act
does not include a rescission of $50,000,000 as proposed by
the House. The Act does not include language regarding
expenditure of funds as proposed by the House.
The allocation for projects and activities within the
Construction account is shown in the following table:

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Napa River, Salt Marsh Restoration, California.--The
conferees support language in the Senate report regarding
this project.
Savannah Harbor Expansion, Georgia.--The budget request for
this item that was proposed in the Investigations account has
been moved to this account where it has been funded for the
past 3 fiscal years.
Chicago Sanitary and Ship Canal Dispersal Barrier,
Illinois.--The budget request includes funding for this
project in both the Construction and Operation and
Maintenance accounts. Since the submission, however, the
Corps informed the Committees that the entire amount is
required in the Construction account and no funding is needed
in the Operation and Maintenance account. The conference
agreement accommodates this shift in funding.
Norfolk Harbor, Craney Island, Virginia.--The conferees
support language in the Senate report regarding this project.
Additional Funding for Ongoing Work.--The Corps has
ongoing, authorized Construction projects that would cost
tens of billions of dollars to complete, yet the
Administration continues to request a mere fraction of the
funding necessary to complete those projects. The conference
agreement includes additional funds to continue ongoing
projects and activities to enhance the nation's economic
growth and international competitiveness. The intent of these
funds is for ongoing work that either was not included in the
Administration's request or was inadequately budgeted. None
of these funds may be used to start new projects. None of
these funds shall be used for projects in the Continuing
Authorities Program. Funding associated with each category
may be allocated to any eligible project within that
category; funding associated with each subcategory may be
allocated only to eligible projects within that subcategory.
The list of subcategories is not meant to be exhaustive.
The Corps shall evaluate all ongoing projects that have
received funding, other than through a reprogramming, in at
least one of the previous three fiscal years. Priority in
allocating these funds should consider the following: number
of jobs created directly by the funded activity; the benefits
of the funded work to the national economy; ability to
obligate the funds allocated within the fiscal year,
including consideration of the ability of the non-federal
sponsor to provide any required cost-share; ability to
complete the project, separable element, or project phase
within the funds allocated; for flood and storm damage
reduction, population at risk and economic activity or public
infrastructure at risk; and for navigation, number of jobs or
level of economic activity to be supported by completion of
the project, separable element, or project phase.
Within 45 days of enactment of this Act, the Corps shall
provide to the House and Senate Committees on Appropriations
a work plan delineating how these funds are to be
distributed. A document detailing the Administration's
specific criteria and project evaluations used to justify the
funding decisions shall accompany this work plan. No funds
shall be obligated for any project under this program which
has not been justified in such a report.
Continuing Authorities Program.--The conferees believe the
various sections of the Continuing Authorities Program
provide a useful tool for the Corps to undertake small
localized projects without the lengthy study and
authorization process typical of most larger Corps projects.
The conference agreement rejects the Administration's
proposal to reprogram prior-year appropriations to fund only
sections 111, 204, 206, and 1135 in fiscal year 2012. Instead
a total of $49,430,000 is provided for eight CAP sections.
The management of the program should continue consistent with
the guidelines outlined in the Senate report.
Inland Waterways Users Board.--The conferees note that the
terms of all members of the Inland Waterways Users Board
(IWUB) have expired and no appointments to reconstitute the
Board have been forthcoming from the Secretary of the Army.
The IWUB was created by Congress in the 1986 Water Resources
Development Act for the express purpose of providing expert
advice to the U.S. Army Corps of Engineers and to the
Congress on the implementation of the inland waterways
navigation infrastructure modernization programs. This aging
system is vital to the movement of commerce. The conferees
direct the Secretary of the Army to act on the appointments
to the IWUB as expeditiously as possible.

MISSISSIPPI RIVER AND TRIBUTARIES

The conference agreement provides $252,000,000 for
Mississippi River and Tributaries, instead of $210,000,000 as
proposed by the House and $250,000,000 as proposed by the
Senate. The Act does not include language regarding
expenditure of funds as proposed by the House.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:

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Additional Funding for Ongoing Work.--After a flood such as
was experienced this year on the Mississippi River, the value
of prior investments in the Mississippi River and Tributaries
Project cannot be disputed. Yet considerable work remains to
complete this vital project in the heart of our nation. The
budget request reflects neither the need nor the importance
of this project. Therefore, the conferees provide additional
funds to continue ongoing studies, projects or maintenance.
The conferees direct that these funds be used for flood
control, navigation, water supply, ground water protection,
waterfowl management, bank stabilization and environmental
restoration work. The intent of these funds is for ongoing
work primarily along the Mississippi River tributaries that
either was not included in the Administration's request or
was inadequately budgeted. While this additional funding is
shown under remaining items, the Corps should utilize these
funds in any applicable phase of work. None of these funds
may be used to start new projects or activities.
The conferees direct that priority in allocating these
funds be given to completing or accelerating ongoing work
which will enhance the region and Nation's economic
development, job growth and international competitiveness, or
is located in areas that have suffered recent natural
disasters. Within 45 days of enactment of this Act, the Corps
shall provide to the House and Senate Committees on
Appropriations a work plan delineating how these funds are to
be distributed. A document providing the Administration's
criteria for justifying the funding decisions made shall
accompany this work plan. No funds shall be obligated for any
project under this program which has not been justified in
such a report.

OPERATION AND MAINTENANCE

The conference agreement provides $2,412,000,000 for
Operation and Maintenance, instead of $2,368,925,000 as
proposed by the House and $2,360,000,000 as proposed by the
Senate. The Act includes legislative language proposed by the
House directing the Corps to allocate no more than 99 percent
of the funds provided in this Act for Operation and
Maintenance prior to the fourth quarter. This measure is
intended to allow Headquarters flexibility to respond to
national emergencies. The Act does not include language
regarding expenditure of funds as proposed by the House.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:

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Additional Funding for Ongoing Work.--The fiscal year 2012
budget request does not fund operation, maintenance, and
rehabilitation of our nation's aging infrastructure
sufficiently to ensure continued competitiveness in a global
marketplace. Federal navigation channels maintained at only a
fraction of authorized dimensions, and navigation locks and
hydropower facilities well beyond their design life result in
economic inefficiencies and risks infrastructure failure,
which cause substantial economic losses. The conferees
believe that investing in operation, maintenance, and
rehabilitation of infrastructure today will save taxpayers
money in the future.
The conference agreement includes additional funds to
continue ongoing projects and activities. The intent of these
funds is for ongoing work that either was not included in the
Administration's request or was inadequately budgeted. None
of these funds may be used to start new projects or programs.
The conferees direct that priority in allocating these funds
be given to completing ongoing work maintaining authorized
depths and widths of harbors and shipping channels, including
where contaminated sediments are present, and for addressing
critical maintenance backlog. Particular emphasis should be
placed on projects where there is a U.S. Coast Guard
presence; that will enhance national, regional, or local
economic development; or that will promote job growth or
international competitiveness.
The conferees are concerned that the Administration's
criteria for navigation maintenance does not allow small,
remote, or subsistence harbors and waterways to properly
compete for scarce navigation maintenance funds. The
conferees urge the Corps to revise the criteria used for
determining which navigation maintenance projects are funded
in order to develop a reasonable and equitable allocation
under this account. The criteria should include the economic
impact that these projects provide to local and regional
economies, in particular, those with national defense or
public health and safety importance.
Funding associated with each category may be allocated to
any eligible project within that category; funding associated
with each subcategory may be allocated only to eligible
projects within that subcategory. The list of subcategories
is not meant to be exhaustive. Priority in allocating these
funds should consider the following: number of jobs created
directly by the funded activity; benefits to the local,
regional or national economy; ability to obligate the funds
allocated within the fiscal year; ability to complete the
project, separable element, or project phase within the funds
allocated; and risk of imminent failure or closure of the
facility.
Within 45 days of enactment of this Act, the Corps shall
provide to the House and Senate Committees on Appropriations
a work plan delineating how these funds are to be
distributed. A document providing the Administration's
criteria for justifying the funding decisions made shall
accompany this work plan. No funds shall be obligated for any
project under this program which has not been justified in
such a report.
Coastal and Ocean Systems Data.--The conferees have
provided funding to ensure the maintenance of wave
observations and the expansion of the national wave
monitoring network as outlined in the National Operational
Wave Observation Plan. Funds are also included for
continuation of integrated long-term beach surveys to monitor
shoreline risk.

REGULATORY PROGRAM

The conference agreement provides $193,000,000 for the
Regulatory Program as proposed by the Senate, instead of
$196,000,000 as proposed by the House. The Act includes
language making funds available until September 30, 2013, as
proposed by the Senate.

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

The conference agreement provides $109,000,000 for the
Formerly Utilized Sites Remedial Action Program as proposed
by the House and Senate. The Corps is directed to prioritize
sites that are nearing completion. Within the funds provided
in accordance with the budget request, the Corps is directed
to complete the Remedial Investigation/Feasibility Study of
the former Sylvania nuclear fuel site at Hicksville, New
York, and, as appropriate, to proceed expeditiously to a
Record of Decision and initiation of any necessary
remediation in accordance with the Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA).

FLOOD CONTROL AND COASTAL EMERGENCIES

The conference agreement provides $27,000,000 for Flood
Control and Coastal Emergencies as proposed by the House and
Senate.

EXPENSES

The conference agreement provides $185,000,000 for Expenses
as proposed by the Senate, instead of $177,640,000 as
proposed by the House. The Act includes language making funds
available until September 30, 2013, as proposed by the
Senate. Within the funds provided, the Institute for Water
Resources is directed to submit to the Senate and House
Committees on Appropriations within 180 days of enactment of
this Act, a report on how the Congress should address the
critical need for additional port and inland waterway
modernization to accommodate post-Panamax vessels. This study
will not impede nor delay port or inland waterway projects
already authorized by Congress. Factors for consideration
should include costs associated with deepening and widening
deep-draft harbors; the ability of the waterways and ports to
enhance the nation's export initiatives benefitting the
agricultural and manufacturing sectors; the current and
projected population trends that distinguish regional ports
and ports that are immediately adjacent to population
centers; the availability of inland intermodal access; and
the environmental impacts resulting from the modernization of
inland waterways and deep-draft ports.

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

The conference agreement provides $5,000,000 for the Office
of the Assistant Secretary of the Army for Civil Works as
proposed by the House and Senate. The Act includes language
making funds available until September 30, 2013, as proposed
by the Senate.

ADMINISTRATIVE PROVISION

The conference agreement includes a provision relating to
the replacement and hire of passenger motor vehicles as
proposed by the House and Senate.

GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes a provision proposed by
the Senate relating to reprogramming. The House proposed a
similar provision.
The conference agreement does not include a provision
proposed by the Senate regarding implementation of
competitive sourcing or High Performance Organizations. The
House proposed no similar provision.
The conference agreement includes a provision proposed by
the House prohibiting the use of funds to carry out any
contract that commits funds beyond the amounts appropriated
for that program, project, or activity. The Senate proposed
no similar provision.
The conference agreement includes a provision proposed by
the House relating to continuing contracts and the Inland
Waterway Trust Fund. The Senate proposed a similar provision.
The conference agreement includes a provision proposed by
the Senate relating to report notifications. The House
proposed a similar provision.
The conference agreement includes a provision proposed by
the Senate providing the Corps of Engineers authorization for
emergency measures to exclude Asian carp from the Great
Lakes. The House proposed a similar provision. The conferees
do not consider hydrologic separation of the Great Lakes
Basin from the Mississippi River Basin to be an emergency
measure authorized by this Act. The issue should be fully
studied by the Corps of Engineers and considered by the
appropriate congressional committees.
The conference agreement includes a provision proposed by
the House and Senate authorizing the transfer of funds to
facilitate progress on the Greater New Orleans Hurricane and
Storm Damage Risk Reduction System.
The conference agreement includes a provision proposed by
the House and Senate authorizing the transfer of funds to the
Fish and Wildlife Service to mitigate for fisheries lost due
to Corps of Engineers projects.
The conference agreement does not include a provision
proposed by the House regarding implementation of revised
guidance on determining jurisdiction under the Clean Water
Act. The Senate proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate authorizing employees to serve on an international
commission. The House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate authorizing the acquisition of real property for
the Cold Regions Research and Engineering Laboratory. The
House proposed no similar provision.
The conference agreement includes a provision proposed by
the House regarding the relocation of any regional division
headquarters located at a military installation. The Senate
proposed no similar provision.
The conference agreement includes a provision proposed by
the House regarding additional authority for the Corps to
accept funding from non-federal sponsors for authorized
federal projects. The Senate proposed no similar provision.
The conferees do not expect these changes to result in more
architect-engineer design work being undertaken by Corps
personnel. The conferees expect the Corps to continue its
contracting efforts for such services as in prior years.
The conference agreement does not include a provision
proposed by the Senate regarding restrictions on the use or
maintenance of any federal dredge. The House proposed no
similar provision.
The conference agreement does not include a provision
proposed by the Senate relating to maintenance standards for
the federal dredging fleet. The House proposed no similar
provision.
The conference agreement does not include a provision
proposed by the Senate relating to health and safety
improvements to the dredge ``McFarland''. The House proposed
no similar provision.
The conference agreement modifies a provision proposed by
the Senate relating to

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deed restrictions in Benton County, Washington. The House
proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate deauthorizing a portion of the Block Island Harbor
of Refuge in Rhode Island. The House proposed no similar
provision.
The conference agreement includes a provision proposed by
the Senate relating to improvements to installations and
facilities of the Engineer Research and Development Center.
The House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate relating to the disposition of acquired land in
the Passaic River Basin in New Jersey. The House proposed no
similar provision.
The conference agreement modifies a provision proposed by
the Senate relating to disposal sites in Long Island Sound.
The House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate deauthorizing a portion of the Newport Harbor in
Rhode Island. The House proposed no similar provision.
The conference agreement includes a provision proposed in
Title VI of the House bill relating to FERC Project number
2342. The Senate proposed no similar provision.
The conference agreement includes a provision proposed in
Title VI of the House bill prohibiting funds for the Missouri
River Authorized Purposes Study. The Senate proposed no
similar provision.
The conference agreement includes a provision proposed in
Title VI of the House bill relating to section 5018(a)(1) of
the Water Resources Development Act of 2007 regarding
Missouri River Recovery. The Senate proposed no similar
provision. The conferees are aware of the challenges
associated with water management in the Missouri River Basin
and urge all parties to work cooperatively in addressing
these issues.

TITLE II

DEPARTMENT OF THE INTERIOR

Central Utah Project

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

The conference agreement provides a total of $28,704,000
for the Central Utah Project as proposed by the House,
instead of $28,991,000 as proposed by the Senate.

Bureau of Reclamation

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $895,000,000 for Water
and Related Resources, instead of $822,300,000 as proposed by
the House and $885,670,000 as proposed by the Senate. The Act
does not include a restriction on projects carried out by the
Youth Conservation Corps (YCC) as proposed by the House, but
the conferees direct the Bureau of Reclamation to report to
the House and Senate Committees on Appropriations by January
1, 2015, on the use of the YCC for carrying out Reclamation
projects. The Act does not include language regarding
expenditure of funds as proposed by the House.
The conference agreement for Water and Related Resources is
shown in the following table:

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Indian Water Rights Settlements.--The conference agreement
includes funds for these activities in the Water and Related
Resources account as proposed by both the House and Senate,
instead of in a separate account as proposed in the budget
request.
San Joaquin River Restoration.--The conference agreement
does not include a separate account for this item. Funding is
included in the Water and Related Resources account as a
separate line item under the Friant Division of the Central
Valley Project. The conferees note that the San Joaquin River
Restoration Settlement Act has two goals: to restore and
maintain fish populations in good condition and to reduce or
avoid adverse water supply impacts to long-term contractors
and other water users. The conferees direct the Bureau of
Reclamation to continue to work with all relevant state and
federal agencies, settlement parties, and third party
interests to address all concerns so the mutual goals of the
Settlement Act can be achieved.
Arthur Bowman Dam.--The conference agreement includes House
direction regarding hydropower development at Arthur Bowman
Dam located in Crook County, Oregon.
Buried Metallic Water Pipe.--The conferees are aware of
several concerns regarding implementation and review of
Reclamation's Technical Memorandum 8140-CC-2004-1
(``Corrosion Considerations for Buried Metallic Water
Pipe''). Specifically, the conferees are concerned that
Reclamation's use of this memorandum may be holding different
materials to different standards of reliability and
increasing project costs unnecessarily. Therefore,
Reclamation should not use the memorandum as the sole basis
to deny funding or approval of a project or to disqualify any
material from use in highly corrosive soils. Additionally,
the conferees direct Reclamation to follow the recommendation
of the National Academy of Sciences to assemble data on
pipeline reliability for all types of pipe specified in Table
2 of Technical Memorandum 8140-CC-2004-1 along with the
specified corrosion protection applied in the various soil
types (``Review of the Bureau of Reclamation's Corrosion
Prevention Standards for Ductile Iron Pipe'' (2009)) and to
conduct an analysis of the performance of these types of pipe
installed in the same or similar conditions. This review
should also include an analysis of the economics, cost-
effectiveness and life-cycle costs associated with the
various materials under evaluation.
Additional Funding for Water and Related Resources Work.--
The conference agreement includes additional funds as
proposed by the Senate. The conferees direct that priority in
allocating these funds should be to advance and complete
ongoing work, improve water supply reliability, improve water
deliveries, enhance regional or local economic development,
promote job growth or for critical backlog maintenance and
rehabilitation activities. Within 30 days of enactment,
Reclamation shall provide to the House and Senate Committees
on Appropriations a report delineating how these funds are to
be distributed, in which phase the work is to be
accomplished, and an explanation of the criteria and rankings
used to justify each allocation. This report shall also
include the reassessment of allocation among rural water
systems as directed by the House.

CENTRAL VALLEY PROJECT RESTORATION FUND

The conference agreement provides $53,068,000 for the
Central Valley Project Restoration Fund, as proposed by the
House and Senate.

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $39,651,000 for the
California Bay-Delta Restoration program as proposed by the
Senate, instead of $35,928,000 as proposed by the House.

POLICY AND ADMINISTRATION

The conference agreement provides $60,000,000 for Policy
and Administration as proposed by the House and Senate. The
Act includes language making funds available until September
30, 2013, as proposed by the Senate.

ADMINISTRATIVE PROVISION

The conference agreement includes a provision limiting the
Bureau of Reclamation to purchase not more than five
passenger vehicles for replacement only, as proposed by the
House.

GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

The conference agreement includes a provision proposed by
the Senate outlining the circumstances under which the Bureau
of Reclamation may reprogram funds. The House proposed a
similar provision.
The conference agreement includes a provision proposed by
the House and Senate regarding the San Luis Unit and the
Kesterson Reservoir in California.
The conference agreement does not include a provision
proposed by the House permanently rescinding mandatory funds
from the San Joaquin River Restoration Fund. The Senate
proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate regarding the Lake Mead/Las Vegas Wash Program.
The House proposed no similar provision.
The conference agreement modifies a provision proposed by
the Senate extending authorizations under the Water
Desalination Act of 1996. The House proposed no similar
provision.
The conference agreement includes a provision proposed by
the Senate regarding the Bay Delta Conservation Plan. The
House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate regarding participation in non-federal groundwater
banking programs. The House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate regarding water transfers in California. The House
proposed no similar provision.
The conference agreement does not include a provision
proposed by the Senate regarding expenditure of mandatory
funds under the San Joaquin River Restoration Fund. The House
proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate regarding the Desert Terminal Lakes Program. The
House proposed no similar provision.

TITLE III

DEPARTMENT OF ENERGY

The summary tables at the end of this title set forth the
dispositions with respect to the individual appropriations,
programs, and activities of the Department of Energy.
Additional items in the Act are discussed below.
The conference agreement provides $25,748,081,000 for the
Department of Energy, instead of $24,722,046,000 as proposed
by the House and $25,548,976,000 as proposed by the Senate,
to fund programs in its five primary mission areas: science,
energy, environment, nuclear non-proliferation and national
security.
Contractor Pensions and Benefits.--The conferees support
actions taken to improve headquarters oversight of contractor
pensions and other post-retirement benefits. Given the
government has assumed the long-term liability for pension
costs, the conferees encourage the Department to evaluate
alternatives to contractually formalize requirements for the
management of pension and other post-retirement benefits.
Instead of the House direction on reporting requirements for
pensions and prohibition on contribution amounts, the
conferees direct the Department to report current plan
status, funding ratios, reimbursement levels, projected plan
status at budgeted levels, and any updates to funding ratios
and contributions with or as supplemental information to the
budget request. This information should be updated in April
and September of each year. Changes to expected contribution
levels should be clearly explained and the Department should
note any changes in plan management that have impacted
contribution amounts. Any funding request which proposes a
contribution in excess of the minimum ERISA or Pension
Protection Act requirements should include a detailed
justification.
Nuclear Safety.--Instead of the House direction for a
safety review of all cleanup sites, the conferees direct the
Secretary of Energy to review all Department of Energy
nuclear facility construction projects with a total project
cost greater than $1,000,000,000 to determine if those
projects are being managed in a way which could pressure
contractors or Department managers to disregard nuclear
safety in order to demonstrate acceptable project
performance. The review should investigate contract
management, including the award of contractor fee, project
management practices, and the framing of program and policy
goals to evaluate if Department practices have complicated
efforts to foster a positive nuclear safety culture or
resolve nuclear safety-related design issues. The Secretary
shall report to the House and Senate Committees on
Appropriations no later than May 1, 2012, on improvements to
contracting and other management practices which will assist
Department managers in ensuring that design flaws and safety
issues do not go ignored or unrecognized.
H-Canyon.--Instead of the House requirement to provide
funding to the National Academy of Sciences, the Department
shall conduct its own review to explore the full range of
potential uses for the chemical processing areas of H-Canyon
at the Savannah River Site and report back to the House and
Senate Committees on Appropriations within 3 months of
enactment of this Act. The options considered should not be
limited to uses by the Office of Environmental Management,
but should incorporate uses which may contribute to meeting
the goals of other program offices within the Department of
Energy and the National Nuclear Security Administration.
Exascale Computing.--The conferees support the Department's
initiative to develop exascale computing as a crucial
component of long-term U.S. leadership, but are concerned
that the Department has not yet developed an integrated
strategy and program plan. The Department is directed to
submit to the House and Senate Committees on Appropriations,
not later than February 10, 2012, a joint, integrated
strategy and program plan for the crosscutting effort to
develop exascale computing that includes:
--a target date for developing an operational exascale
platform;
--interim milestones toward reaching that target;
--minimum requirements for an exascale system, including
power consumption efficiency goals;
--multi-year budget estimates for the exascale initiative
and costs of meeting each interim milestone;
--clear roles and responsibilities for each office involved
in exascale research and development; and

[[Page H9476]]

--a complete listing of exascale activities included in the
fiscal year 2013 budget request broken out by program,
project and activity with comparisons to the current year's
funding levels.
Energy Innovation Hubs.--For each Energy Innovation Hub
funded in this Act, the Department is directed to deliver to
the House and Senate Committees on Appropriations, not later
than 120 days after enactment of this Act, a report detailing
milestones and performance goals for the end of each of the
Hub's five fiscal years, and specific milestones and
performance criteria the Hub must meet to be considered for a
second five-year term. For Hubs established in prior fiscal
years, the report shall include current performance against
planned milestones, and a summary of progress against plans
for staffing and facilities. For new Hubs, the report shall
include a plan and timeline for selecting an awardee.
PCAST Recommendations.--The conferees direct the Secretary
of Energy, within 6 months of enactment of this Act, to
submit a report detailing how the Department has or will
implement in all Energy Programs the following features that
have been used successfully in ARPA-E and highlighted by the
President's Council of Advisors on Science and Technology:
--a rigorous review process;
--contract or grant negotiations completed in just a few
months;
--co-location within the program offices of such support
functions as procurement, contracts, human resources, and
information technology services; and
--an agile and innovative workforce.

Reprogramming Requirements

The conference agreement carries the Department's
reprogramming authority in statute to ensure that the
Department carries out its programs consistent with
congressional direction, as proposed by the House. This
modified provision includes reprogramming authority internal
to each account, as long as no program, project or activity
is increased or decreased by more than $5,000,000 or 10
percent, compared to the levels included in the
``Conference'' column in the ``Department of Energy'' table
included under the heading ``Title III--Department of
Energy'' in this joint explanatory statement. No new transfer
authority between accounts other than that explicitly granted
in this Act is included or implied. The conferees expect the
Department to use this additional flexibility to improve
budget execution, meet emergent program needs, and reduce
program costs. For reallocations above the $5,000,000 or 10
percent cumulative threshold, a reprogramming request must be
submitted to the House and Senate Committees on
Appropriations for consideration and may not be implemented
prior to approval by the Committees. Any reallocation of new
or prior-year budget authority or prior-year de-obligations,
or any request to implement a reorganization which includes
moving previous appropriations between appropriations
accounts must be submitted to the House and Senate Committees
on Appropriations in writing and may not be implemented prior
to approval by the Committees.
Definitions.--A reprogramming includes the reallocation of
funds from one program, project or activity to another within
an appropriation.
The conferees are concerned the Department is over-
committing future budgets by announcing multi-year awards
subject to future appropriations for a substantial portion of
activities within Energy Programs. The Department is directed
to transition to a model in which it fully funds multi-year
awards with appropriated funds, except in the cases of major
capital projects, management and operating contracts, and
large research centers which require multi-year awards
subject to appropriations. As part of that transition, the
conference agreement includes a provision requiring that any
multi-year award must be subject to appropriations and the
Department must notify the House and Senate Committees on
Appropriations at least 14 calendar days prior to public
announcement of the award. The Department shall deliver each
notification as a cumulative list of all notifications under
this subsection, to include: recipient; appropriations
account, program, and activity; award date; total amount of
award; amount awarded from fiscal year 2012 appropriations;
amount awarded from prior appropriations; amount awarded
subject to future appropriations; and an explanation of the
special circumstances justifying commitment of future funds.
The conferees do not include a House provision prohibiting
the use of multi-year awards, but will reconsider this
legislative prohibition in future years depending on the
Department's performance in transitioning to fully funding
its multi-year awards.

ENERGY PROGRAMS

Energy Efficiency And Renewable Energy

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $1,825,000,000 in new
budget authority for Energy Efficiency and Renewable Energy,
instead of $1,308,436,000 as proposed by the House and
$1,795,641,000 as proposed by the Senate, and rescinds
$9,909,000 in prior-year balances.
The conference agreement does not include a Senate
provision directing energy efficiency rulemakings for
televisions and set-top boxes within 12 months of enactment
of this Act. The conference agreement does not include a
Senate provision regarding the Defense Production Act.
Biomass and Biorefinery Systems Research and Development.--
The conferees strongly encourage the Department to conduct
only research, development, and demonstration activities
advancing technologies that produce fuels and electricity
from biomass, crops and crop components that could not
otherwise be used as food. To that end, the conferees support
efforts to develop cellulosic feedstocks and direct the
Department to consider a broad portfolio of options,
including biofuels sources such as the non-food components of
biomass sorghum.
Within available funds, a total of $30,000,000 is provided
for algae biofuels. The conference agreement includes no
funds for the cellulosic biofuels reverse auction proposed in
the request.
Solar Energy.--The conferees support the Department's
existing solar energy research, development, and
demonstration activities, and encourage the Department to
include in these efforts disruptive solar energy utilization
technologies, fabrication methods that yield ultra-low cost
solar cells, technologies for ultra-high efficiency solar
cells, technologies designed to simulate the operation of
solar cells, and other methods to yield advanced science and
engineering approaches to solar cells.
Wind Energy.--The conferees support the Department's
efforts to develop advanced offshore wind energy
technologies, including freshwater, deepwater, shallow water,
and transitional depth installations.
Geothermal Technology.--The Geothermal Technology program
may not announce new funding opportunities that result in
total mortgages on future fiscal years in excess of half of
the program's fiscal year 2012 appropriation. Within
available funds, the conferees direct the Department to make
not less than $5,000,000 available to continue development
and deployment of low-temperature geothermal systems. The
Department shall continue its support of comprehensive
programs that support academic and professional development
initiatives. For future awards, the full spectrum of
geothermal technologies as authorized by the Energy
Independence and Security Act of 2007 (Public Law 110-140)
shall be eligible for the funds appropriated for Geothermal
Technology by this Act.
Water Power.--The conference agreement provides $59,000,000
for Water Power, of which $34,000,000 is for marine and
hydrokinetic technology research, development and
demonstration, and $25,000,000 is for conventional hydropower
research, development and demonstration. Within available
funds, the Department is directed to provide not less than
$10,000,000 to build necessary infrastructure, including
environmental performance monitoring, at marine and
hydrokinetic industry testing sites designated by the
Department as National Marine Renewable Energy Centers.
Vehicle Technologies.--The conference agreement includes
$28,244,000 for lightweight materials, to include $4,000,000
for modeling and design for vehicle optimization. The
conferees provide $28,000,000 for Vehicle Technologies
Deployment, of which $3,000,000 is to commission a National
Academies study on electric vehicle market barriers, as
directed in the House report.
Building Technologies.--The conference agreement includes
$24,300,000 for the Energy Efficient Building Systems Design
Energy Innovation Hub, and the House direction for a
strategic plan regarding geothermal heat pumps. The conferees
provide $25,832,000 for lighting research and development, to
include $12,000,000 for research and development into
manufacturing improvements for general illumination solid
state lighting. The conference agreement includes no funds
within Commercial Buildings Integration for new state and
municipal government grant programs relating to codes,
performance standards and regulations.
Industrial Technologies.--The conference agreement includes
$20,000,000 for the Energy Innovation Hub for Critical
Materials. Within available funds, the conference agreement
includes not less than $4,205,000 for improvements in
production in the steel industry, and the Department is
directed to continue supporting improvements in mechanical
insulation. The Department is directed to continue funding
mortgages on all past multi-year awards within the Combined
Heat and Power program, unless a project fails to meet
milestones or other terms of the award. The conferees provide
no funding for Manufacturing Energy Systems.
Strategic Programs.--The Department is directed to only
fund activities within the International Program that
directly benefit domestic industry, increase American energy
self-sufficiency, further United States research efforts, or
reduce domestic pollution. Within available funds, the
conference agreement includes $2,000,000 for the U.S.-Israel
energy cooperative agreement.
Weatherization Assistance.--The conference agreement
includes a provision giving the Secretary authority to waive
the weatherization formula in order to distribute fiscal year
2012 funds to states, once they have spent all prior-year and
emergency funds, at a rate of spending consistent with the
fiscal year 2011 level.

Electricity Delivery And Energy Reliability

The conference agreement provides $139,500,000 for
Electricity Delivery and Energy Reliability, instead of
$139,496,000 as proposed by the House and $141,010,000 as
proposed by the Senate.

[[Page H9477]]

The conferees provide $25,490,000 for Clean Energy
Transmission and Reliability, and include no funds for the
proposed Smart Grid Technology and Systems Energy Innovation
Hub. The conference agreement includes $24,000,000 for Smart
Grid Research and Development, $20,000,000 for Energy
Storage, and $30,000,000 for Cyber Security for Energy
Delivery Systems.

Nuclear Energy

The conference agreement provides $768,663,000 for nuclear
energy activities, instead of $733,633,000 as proposed by the
House and $583,834,000 as proposed by the Senate.
The conferees direct the Department to develop a strategy
for the management of spent nuclear fuel and other nuclear
waste within 6 months of publication of the final report of
the Blue Ribbon Commission on America's Nuclear Future.
Nuclear Energy Enabling Technologies.--The conference
agreement provides $74,880,000, to include $14,580,000 for
the National Science User Facility at Idaho National
Laboratory, $24,300,000 for the Modeling and Simulation
Energy Innovation Hub, and $36,000,000 for Crosscutting
Research.
Small Modular Reactor Licensing Technical Support.--The
conference agreement includes $67,000,000 to provide
licensing and first-of-a-kind engineering support for small
modular reactor designs that can be deployed expeditiously,
to be administered as specified in the budget request. The
Department is directed to consider applications utilizing any
small modular reactor technologies. The conferees expect the
program to total $452,000,000 over five years.
Reactor Concepts Research and Development.--The conferees
provide $115,544,000, to include $28,674,000 for Small
Modular Reactors Advanced Concepts and $21,870,000 for
Advanced Reactor Concepts.
The conference agreement includes $25,000,000 for Light
Water Reactor Sustainability. Within available funds, the
Department is directed to conduct research and development
furthering knowledge on how long the current fleet of
reactors can safely operate.
The conference agreement includes $40,000,000 for the Next
Generation Nuclear Plant program, $30,000,000 of which is to
accelerate fuel development and qualification activities and
$10,000,000 of which is to continue ongoing research and
development projects begun in prior fiscal years.
Fuel Cycle Research and Development.--The conference
agreement provides $187,351,000.
The conference agreement includes $60,000,000 for Used
Nuclear Fuel Disposition. Within available funds, $10,000,000
is for development and licensing of standardized
transportation, aging, and disposition canisters and casks.
Multiple geologic repositories will ultimately be required
for the long-term disposition of the nation's spent fuel and
nuclear waste; the Department should build upon its current
knowledge base to fully understand all repository media and
storage options and their comparative advantages, and the
conferees direct the Department to focus, within available
funds, $3,000,000 on development of models for potential
partnerships to manage spent nuclear fuel and high level
waste, and $7,000,000 on characterization of potential
geologic repository media. The Department is directed to
preserve all documentation relating to Yucca Mountain,
including technical information, records, and other
documents, as well as scientific data and physical materials.
The conference agreement includes $10,000,000 to expand the
Department's capabilities for assessing issues related to the
aging and safety of storing spent nuclear fuel, to include
experimentation, modeling, and simulation for dry storage
casks, as well as for spent fuel pools, as necessary.
The conference agreement includes $59,000,000 for Advanced
Fuels, and directs that priority for the increase in funding
be given to efforts to develop and qualify meltdown-
resistant, accident-tolerant nuclear fuels that would enhance
the safety of light water reactors.
Radiological Facilities Management.--The conference
agreement provides $64,902,000 for space and defense
infrastructure, to include $15,000,000 for nuclear
infrastructure at Oak Ridge National Laboratory. The
conferees provide no funds for the Plutonium-238 Production
Restart Project.

Fossil Energy Research and Development

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $534,000,000 in new
budget authority for Fossil Energy Research and Development,
instead of $476,993,000 as proposed by the House and
$445,471,000 as proposed by the Senate, and rescinds
$187,000,000 in prior-year balances, as proposed by the
Senate. The conference agreement does not include the use of
prior-year balances, as proposed by the House and the Senate.
CCS and Power Systems.--The conferees provide $368,609,000
for CCS and Power Systems. The conference agreement includes
$100,000,000 for Advanced Energy Systems, to include
$5,000,000 for the Coal and Coal-Biomass to Liquids, and not
less than $25,000,000 to continue research, development, and
demonstration of solid oxide fuel cell systems.
Within CCS and Power Systems, the conference agreement
includes $35,031,000 for NETL Coal Research and Development,
to include Integrated Gasification Combined Cycle, Turbines,
Carbon Sequestration, Fuels, Fuel Cells, and Advanced
Research activities. The reduction in Program Direction
funding reflects the relocation of NETL Direct Program
Direction into this research line, in order to increase
transparency by grouping together all fossil energy research
activities and by including only oversight and management
activities within Program Direction. The Department is
directed to continue including in the budget request all
full-time equivalent information within this program line, as
it has been doing previously within Program Direction.
Natural Gas Technologies.--The conference agreement
provides $15,000,000, of which $10,000,000 is for gas
hydrates research.
Other Programs.--Within available funds, the conference
agreement includes $2,000,000 for the Department to continue
the Risk Based Data Management System.

Naval Petroleum and Oil Shale Reserves

The conference agreement provides $14,909,000 for the
operation of the Naval Petroleum and Oil Shale Reserves as
proposed by the House and Senate.

Strategic Petroleum Reserve

The conference agreement provides $192,704,000 for the
Strategic Petroleum Reserve as proposed by the House and
Senate.

SPR Petroleum Account

(INCLUDING RESCISSION OF FUNDS)

The conference agreement includes a rescission of funds in
the amount of $500,000,000 from existing balances within this
account, rather than direction included in the House and
Senate bills to sell an additional $500,000,000 of Reserves
to enable operational maintenance of the caverns. A sale in
calendar year 2011 unanticipated by the Administration's
fiscal year 2012 budget request provides the necessary
flexibility to address the infrastructure needs. The
conference agreement includes no repeal or modification of
royalty-in-kind provisions, as proposed by the Senate and
House, respectively.

Northeast Home Heating Oil Reserve

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $10,119,000 for the
Northeast Home Heating Oil Reserve as proposed by the House
and Senate. The conference agreement includes a rescission of
excess revenues from a sale in fiscal year 2011, valued at
approximately $100,000,000, as proposed by the House and
Senate. The conference agreement includes a provision
proposed by the House affirming the Administration's plans to
limit the size of the Reserve to one million barrels of
petroleum distillate.

Energy Information Administration

The conference agreement provides $105,000,000 for the
Energy Information Administration.

Non-Defense Environmental Cleanup

The conference agreement provides $235,721,000 for Non-
Defense Environmental Cleanup, instead of $254,121,000 as
proposed by the House and $219,121,000 as proposed by the
Senate.
Small Sites.--The conference agreement provides $67,430,000
for Small Sites. In response to a lack of progress on
addressing existing contamination and seismic deficiencies
within buildings that are located in heavily used areas at
some Department national laboratories, the Department is
directed to use additional funds above the amount requested
to improve health and safety by cleaning up existing
contamination and improving the seismic standards of
buildings within Department laboratory grounds. The
conference agreement directs the Department to provide a
report on Small Sites as directed in the House and Senate
reports within 3 months of enactment of this Act.

Uranium Enrichment Decontamination and Decommissioning Fund

The conference agreement provides $472,930,000 for
activities funded from the Uranium Enrichment Decontamination
and Decommissioning Fund, instead of $449,000,000 as proposed
by the House and $429,000,000 as proposed by the Senate. This
amount includes post closure contract liabilities, pensions,
and community and regulatory program support. The conference
agreement does not include the House provision restricting
the Department's use of up to $150,000,000 in proceeds from
the barter, transfer, or sale of uranium to carry out uranium
enrichment facility decontamination and decommissioning and
remedial actions.
The conferees are aware that the Department has yet to
alter the contractual mechanism by which it has been
transferring uranium to a contractor in exchange for
additional cleanup services at Portsmouth in order to correct
the violations of federal law cited in the Government
Accountability Office's report ``Clarifying DOE's Disposition
Options Could Help Avoid Further Legal Violations'' (GAO-11-
846). This type of arrangement continues to be off-budget and
inappropriately bypasses the congressional appropriations
process. There is also considerable concern that the
increasing amount of uranium being transferred could
destabilize the uranium market and thereby adversely impact
our domestic uranium mining industry.
The conferees request the Comptroller General to report to
the Committees on Appropriations of the House of
Representatives and the Senate, not later than March 15,
2012, on the progress the Department has made in resolving
the concerns raised in GAO-11-846. To increase transparency
into Department of Energy actions, the Department shall fully
adhere to the reporting requirements in this Act and have a
current

[[Page H9478]]

determination by the Secretary that any barter, transfer or
sale of uranium carried out by the Department will not have
an adverse material impact on the domestic uranium mining,
conversion, or enrichment industry. The Department is further
directed to provide the full details of any proposed barter,
transfer or sale of uranium in its fiscal year 2013 budget
request.

Science

The conference agreement provides $4,889,000,000 for
Science, instead of $4,800,000,000 as proposed by the House
and $4,842,665,000 as proposed by the Senate.
The conference agreement includes the House direction for a
report regarding underrepresented college minorities in
science, technology, engineering, and mathematics areas.
In order to increase transparency and accountability across
all Science activities, the Department is directed, not later
than September 1, 2012, to create a performance ranking of
all ongoing multi-year research projects across the six major
Science research programs, including those at universities,
national laboratories, Energy Frontier Research Centers,
Energy Innovation Hubs and other recipients, by comparing
current performance with original project goals. The report
shall include an inventory of the number and dollar amount of
awards that have been terminated in fiscal years 2011 and
2012 before their multi-year awards have concluded.
The conferees direct the Department to provide to the House
and Senate Committees on Appropriations, not later than
February 10, 2012, a budget scenario for fiscal years 2013
and 2014 with the Office of Science funded at the fiscal year
2012 level, highlighting funding levels for each major
program and project, including activities, such as ITER, with
scheduled changes in funding requirements.
Advanced Scientific Computing Research.--The conferees
provide $442,000,000 for Advanced Scientific Computing
Research. The conferees support the exascale initiative, but
note that future funding for the initiative is contingent
upon delivery of the joint exascale plan, as directed. The
conferees provide the budget request for the Leadership
Computing Facilities and for High Performance Production
Computing, in support of continuing petascale upgrades at the
three facilities.
Basic Energy Sciences.--The conference agreement provides
$1,694,000,000 for Basic Energy Sciences. The conference
agreement includes $24,300,000 to continue the Fuels from
Sunlight Energy Innovation Hub, and $20,000,000 to establish
the Batteries and Energy Storage Energy Innovation Hub. The
conference agreement includes up to $100,000,000 for the
existing Energy Frontier Research Centers; $10,000,000 for
predictive modeling of internal combustion engines;
$8,520,000 for the Experimental Program to Stimulate
Competitive Research; and no funding for gas hydrates
research within the Office of Science.
The conference agreement includes $97,000,000 to fund each
major item of equipment at the level provided in the budget
request. Funding provided for the Linac Coherent Light Source
II at SLAC is for the exploration and design of the two-
tunnel option.
Biological and Environmental Research.--The conference
agreement provides $611,823,000 for Biological and
Environmental Research. Within available funds, the
conference agreement includes $12,000,000 to continue nuclear
medicine research with human application. The conferees
direct the Department to report to the House and Senate
Committees on Appropriations, not later than June 1, 2012, on
the Administration's strategy to continue funding this
research through more appropriate federal agencies with
health-focused missions.
Within available funds, $16,000,000 is provided for
radiobiology to help determine health risks from exposures to
low levels of ionizing radiation to properly protect
radiation workers and the general public, and to conduct
studies of health impacts at and around the Fukushima Daiichi
nuclear plant.
Fusion Energy Sciences.--The conference agreement provides
$402,177,000 for Fusion Energy Sciences, of which not more
than $105,000,000 is for U.S. Contributions to ITER. The
conference agreement includes $24,741,000 for the High Energy
Density Laboratory Plasma program, of which $12,000,000 is to
be evenly distributed among heavy-ion fusion, laser-driven
fusion, and magneto-inertial fusion. The conference agreement
includes direction for the submission of a 10-year fusion
plan as provided by both the House and Senate.
High Energy Physics.--The conference agreement provides
$791,700,000 for High Energy Physics research.
The conferees understand that the United States has unique
capabilities to develop a world-leading neutrino science
program. To begin the transition to the intensity frontier,
the conferees provide $21,000,000 for the Long Baseline
Neutrino Experiment, which includes $17,000,000 for research
and development and $4,000,000 for project engineering and
design. The conferees provide no funding for long-lead
procurements or construction activities. The conferees are
concerned that this project is not mature enough for
construction because a location and technology for the
underground detectors has not been selected. Before
consideration of congressional approval of construction, the
Department is directed to provide to the House and Senate
Committees on Appropriations a detailed project plan and
refined total cost estimate for construction, not later than
April 1, 2012.
Within available funds, the conferees provide $15,000,000
as requested, $10,000,000 within High Energy Physics and
$5,000,000 within Nuclear Physics, to support minimal,
sustaining operations at the Homestake Mine in South Dakota.
Nuclear Physics.--The conference agreement provides
$550,000,000 for Nuclear Physics. Within available funds, the
conference agreement includes $22,000,000 for the Facility
for Rare Isotope Beams, and $50,000,000 for the 12 GeV
upgrade of the Continuous Electron Beam Accelerator Facility.
Workforce Development for Teachers and Scientists.--The
conference agreement provides $18,500,000 for Science
Workforce Development. Within available funds, up to
$5,000,000 is for the graduate fellowship program to fund the
existing cohort established in fiscal year 2010.
Science Laboratories Infrastructure.--The conference
agreement provides $111,800,000 for Science Laboratories
Infrastructure.
Safeguards and Security.--The conference agreement provides
$82,000,000 for Safeguards and Security.
Science Program Direction.--The conference agreement
provides $185,000,000 for Science Program Direction. No funds
shall be used to hire new site office personnel, except for
field staff at the Integrated Support Centers in Chicago and
Oak Ridge.

Nuclear Waste Disposal

The conference agreement provides $25,000,000 for nuclear
waste disposal, instead of $25,000,000 as proposed by the
House and $0 as proposed by the Senate.

Advanced Research Projects Agency--Energy

The conference agreement provides $275,000,000 for the
Advanced Research Projects Agency--Energy, of which
$20,000,000 is provided for Program Direction.

Title 17 Innovative Technology Loan Guarantee Program

The conference agreement provides $38,000,000 for
administrative expenses for the Title 17 Innovative Loan
Guarantee Program, as proposed by the House and Senate. This
appropriation is fully offset by revenue, resulting in a $0
net appropriation. The conference agreement includes no
funding for new loan guarantees, instead of $160,000,000 as
proposed by the House and $200,000,000 as proposed by the
Senate.

Advanced Technology Vehicles Manufacturing Loan Program

The conference agreement provides $6,000,000 for Advanced
Technology Vehicles Manufacturing Loan Program, as proposed
by the House and Senate.

Departmental Administration

The conference agreement provides $237,623,000 for
Departmental Administration as proposed by the Senate,
instead of $63,374,000 as proposed by the House. The
conferees provide $1,000,000 within available funds to
contract with the National Academy of Public Administration
(NAPA) for an independent review of the management and
oversight of the Department's national laboratories. NAPA
should consider such issues as whether existing laboratory
performance metrics for the Department's management and
operations contractors measure critical aspects of their
performance and how the Department utilizes performance
metrics and data. NAPA should coordinate with the GAO and the
National Academy of Sciences over the course of its study to
prevent duplication of effort by using the results of their
studies to the extent that they are available. NAPA should
submit a report with its findings, conclusions, and
recommendations no later than 9 months after the Department
has contracted with NAPA pursuant to this directive.

Office of the Inspector General

The conference agreement provides $42,000,000 for the
Office of the Inspector General, instead of $41,774,000 as
proposed by the House and Senate.

Atomic Energy Defense Activities

National Nuclear Security Administration

The National Nuclear Security Administration (NNSA), a
semi-autonomous agency within the Department of Energy,
manages the nation's nuclear weapons programs, nuclear
nonproliferation programs, and naval reactors activities.
The conference agreement provides $11,000,000,000 for the
National Nuclear Security Administration.
Warhead Life Extensions.--The NNSA is directed to fully
adhere to the new reporting requirements for early life
extension activities contained in the House report beginning
with submission of the fiscal year 2013 budget request, and
to the reporting requirement for the B61 Life Extension
Program in the Senate report within 3 months of enactment. In
lieu of the JASON B61 study directed in the Senate report, if
the NNSA's selected option for the B61 Life Extension Program
includes any nuclear scope, the JASON group of scientific
advisors shall submit an assessment by September 1, 2012, to
the House and Senate Committees on Appropriations on the
extent to which the nuclear scope is needed to enhance the
safety, security, and maintainability of a refurbished B61
and whether

[[Page H9479]]

changes to the weapon will affect its long-term safety,
security, reliability, and military characteristics.
Maintenance and Operations.--The conferees support the
guidance in the House and Senate reports to establish
standardized direct reporting for facility and infrastructure
maintenance costs at each site and to identify separate
maintenance funding by site in the fiscal year 2014 budget
request for Readiness in Technical Base and Facilities.
Human Capital.--In order to meet human capital requirements
for the NNSA sites and to support the NNSA's strategic
efforts to strengthen its science, technology, management and
engineering base, the NNSA should provide incentives for its
management and operations contractors, including those at the
production sites, to work with universities and other
institutions of higher educationto develop programs
that support graduate research assistantships, implement
educational programs that meet NNSA technical needs, and
implement workforce development initiatives.

Weapons Activities

The conference agreement provides $7,233,997,000 for
Weapons Activities, instead of $7,091,661,000 as proposed by
the House and $7,190,000,000 as proposed by the Senate.
Directed Stockpile Work.--The conference agreement provides
$1,879,527,000 for Directed Stockpile Work. The NNSA is
directed to use $175,000,000 within Stockpile Systems and
$64,000,000 within Stockpile Services for surveillance
activities. If the NNSA accomplishes the planned scope of
surveillance activities more efficiently than estimated, up
to 10 percent of the $175,000,000 and $64,000,000 may be
reallocated to other activities. The NNSA is directed to
provide full funding within amounts provided for Management,
Technology, and Production to implement JASON Surety Study
recommendations to counter current and future threats to the
stockpile. The NNSA is further directed to adhere to the
guidance in the Senate report to provide a report on
maintaining a pit manufacturing capability to meet stockpile
needs to the House and Senate Committees on Appropriations
within 3 months of enactment of this Act.
The conference agreement provides $223,562,000 for the B61
Life Extension Program, as requested. Of these funds,
$134,137,000 shall not be made available for the B61 Life
Extension Program until the NNSA submits to the House and
Senate Committees on Appropriations the outcome of the Phase
6.2/2A design definition and cost study. The conferees remain
concerned about the NNSA's ability to execute its planned
scope for the B61 under an affordable life extension program
that will meet the requirement to refurbish the first unit by
2017.
The conference agreement provides $99,518,000 for W78
Stockpile Systems as proposed by the House, which includes
$37,087,000 for a life extension study of the W78 because of
delays in commencing the Phase 6.1 study. The conference
agreement provides $75,728,000 for W88 Stockpile Systems,
which includes $30,000,000 to commence a conceptual study for
a minor refurbishment of the W88. The NNSA is directed to
maintain separate accounting for the W78 and W88 studies and
to identify those costs separately within the budget request
for Stockpile Systems.
Campaigns.--The conference agreement provides
$1,701,982,000 for the science, technology and engineering
campaigns. The conferees provide $476,274,000 for the
Inertial Confinement Fusion and High Yield Campaign, which
includes $62,500,000 for Omega at the University of
Rochester, $48,000,000 for the Z facility at Sandia National
Laboratory, and $5,000,000 for the Naval Research Laboratory,
as requested.
Readiness in Technical Base and Facilities.--The conference
agreement provides $2,009,155,000 for Readiness in Technical
Base and Facilities. No funding is provided for Institutional
Site Support. Historically, the NNSA has used this funding
line to mask underfunding in the request for individual site
facility operations. More recently, it has pushed the costs
of contractor pensions into this activity. Since the
conference agreement fully funds operations and maintenance
at each site and separately budgets for legacy pensions, this
activity is no longer required. Infrastructure activities
that are not site specific, such as headquarters contractor
support and assessments, may be funded under Program
Readiness.
TRU Waste Facility.--The conferees provide $9,881,000 for
Phase A of the TRU Waste Facility project, which consists of
site infrastructure preparatory work. No Phase B activities
are permitted until a project baseline is completed and
provided to the House and Senate Committees on
Appropriations.
Chemistry and Metallurgy Research Replacement (CMRR)
Project.--The conference agreement provides $200,000,000. No
construction activities are funded for the CMRR-Nuclear
Facility during fiscal year 2012.
Legacy Contractor Pensions.--The conference agreement
provides $168,232,000 for Legacy Contractor Pensions to meet
the ongoing costs of the University of California contractor
defined benefit pension plans. The NNSA requested these funds
within Readiness in Technical Base and Facilities and a
separate line is provided to improve transparency.
National Security Applications.--The conference agreement
provides $10,000,000, for Advanced Analysis, Tools, and
Technologies activities to continue improved support to the
intelligence community and to maintain the nuclear technical
capabilities for nuclear weapons assessments.

Defense Nuclear Nonproliferation

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $2,324,303,000 for
Defense Nuclear Nonproliferation, instead of $2,091,770,000
as proposed by the House and $2,383,300,000 as proposed by
the Senate, and rescinds $21,000,000, as proposed by the
Senate.
Nonproliferation and Verification Research and
Development.--The conference agreement provides $356,150,000
for Nonproliferation and Verification Research and
Development. Within this amount, the conferees provide
$132,800,000 for Nuclear Detonation Detection, which includes
an additional $5,700,000 above the request for underground,
underwater, and atmospheric detonation detection. The request
included $55,823,000 for legacy contractor pensions that are
provided separately, as well as an additional $15,625,000
above program needs to meet anticipated growth in contractor
defined benefit pension plan costs that are no longer needed.
Nonproliferation and International Security.--The
conference agreement provides $155,305,000 for
Nonproliferation and International Security. Within this
amount, the conferees provide $14,972,000 for the Global
Initiative for Proliferation Prevention.
Fissile Materials Disposition.--The conference agreement
provides $685,386,000 for Fissile Materials Disposition. The
conferees provide no construction funding for the Pit
Disassembly and Conversion (PDCF) project because the NNSA
has not completed a study of alternatives or a conceptual
design report with a cost and schedule estimate that is
required under Department of Energy guidance. Instead of the
Senate requirement for an update of the costs for the PDCF
and the MOX Fuel Fabrication Facility, the conferees direct
the NNSA to provide a report on the status of plans to
provide adequate plutonium feedstock to operate the MOX
facility to the House and Senate Committees on Appropriations
within 3 months of enactment of this Act. The conferees
direct the use of $20,500,000 in prior-year uncommitted
balances within U.S. Plutonium Disposition to prepare
plutonium feedstock at H-Canyon in fiscal year 2012 and to
identify funding for both H-Canyon and ARIES within the
fiscal year 2013 budget request.
Global Threat Reduction Initiative.--The conference
agreement provides $500,000,000 for the Global Threat
Reduction Initiative. The conference agreement does not
include House direction which restricts funding for Domestic
Radiological Material Removal.
Legacy Contractor Pensions.--The conference agreement
provides $55,823,000 for Legacy Contractor Pensions to meet
the ongoing costs of the legacy University of California
defined benefit pension plans. The NNSA requested these funds
within Nonproliferation and Verification Research and
Development and a separate line is provided to improve
transparency.
Rescission.--The conference agreement rescinds $21,000,000
in prior-year balances and directs their application to meet
fiscal year 2012 needs as described above.

Naval Reactors

The conference agreement provides $1,080,000,000 for Naval
Reactors, instead of $1,030,600,000 as proposed by the House
and $1,100,000,000 as proposed by the Senate. The conference
agreement does not include House language directing a
transition to budgeting by ship system. Funding for Naval
Reactors Operations and Maintenance is provided under the
following control points starting in fiscal year 2012, in
order to improve the transparency of the major multi-year
initiatives and to distinguish the cost of operations and
infrastructure from the cost of research and development.
OHIO Replacement Reactor Systems Development.--The
conference agreement provides $121,300,000 as requested.
S8G Prototype Refueling.--The conference agreement provides
$99,500,000 as requested.
Naval Reactors Development.--The conference agreement
provides $421,000,000.
Naval Reactors Operations and Infrastructure.--The
conference agreement provides $358,300,000, which includes
funding for conceptual design of the Spent Fuel
Infrastructure Recapitalization Project at Idaho in order to
continue critical path activities.

Office of the Administrator

The conference agreement provides $410,000,000 for the
Office of the Administrator, instead of $400,000,000 as
proposed by the House and $404,000,000 as proposed by the
Senate. The conference agreement includes the requested
amount of $6,000,000 for Weapons, $3,000,000 for Defense
Nuclear Nonproliferation, and $1,000,000 for Naval Reactors
to engage Historically Black Colleges and Universities, and
further directs the engagement of Hispanic Serving
Institutions and minority outreach at other colleges and
universities.
The conferees are concerned with overlap and duplication
between the NNSA Office of Congressional Affairs, the
Department of Energy (DOE) Office of Congressional Affairs,
and the DOE Chief Financial Officer's External Coordination
office (CFO ExCo). The conferees believe that the CFO ExCo
can provide appropriate liaison support to the Committees on
Appropriations and that one consolidated Congressional
Affairs office can provide adequate support to the rest of
the legislative branch. The conferees direct the Department
to propose a consolidation of the

[[Page H9480]]

NNSA Congressional Affairs functions into DOE's CFO ExCo,
Office of Congressional Affairs, or a combination of both,
within 60 days of enactment of this Act. Such consolidation
should provide $1-2 million in budgetary savings.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Cleanup

The conference agreement provides $5,023,000,000 for the
Defense Environmental Cleanup program, instead of
$4,937,619,000 as proposed by the House and $5,002,308,000 as
proposed by the Senate. Within the amounts provided, the
Department is directed to fund hazardous waste worker
training at $10,000,000. The conferees direct the Department
to adhere to the House requirement to report all operating
projects with a total project cost greater than $10,000,000
no later than 90 days after enactment of this Act.
Hanford Site.--The conference agreement provides
$953,252,000 for the Hanford Site, including $19,540,000 for
Richland community and regulatory support. Within this
amount, funding is provided for the Hazardous Materials
Management and Emergency Response facilities. The conferees
provide $68,458,000 to accelerate cleanup of the Plutonium
Finishing Plant.
Idaho National Laboratory.--The conference agreement
provides $386,869,000 for Idaho National Laboratory cleanup
activities, including $4,100,000 for Idaho community and
regulatory support.
NNSA Sites.--The conference agreement provides $282,393,000
for cleanup activities at NNSA sites, including funding for
community and regulatory support. Within this amount, the
conferees provide $873,000 for Lawrence Livermore National
Laboratory, $65,945,000 for the Nevada Test Site, $3,014,000
for Sandia National Laboratories, $188,561,000 for Los Alamos
National Laboratory, and $24,000,000 to stabilize work at the
Separations Process Research Unit following damages that
resulted from Hurricane Irene.
Oak Ridge Reservation.--The conference agreement provides
$199,509,000 for the Oak Ridge Reservation, including
$6,409,000 for community and regulatory support.
Office of River Protection.--The conference agreement
provides $1,185,000,000 for the Office of River Protection.
Savannah River Site.--The conference agreement provides
$1,193,822,000 for cleanup activities at the Savannah River
Site, including $9,584,000 for community and regulatory
support.
Waste Isolation Pilot Plant.--The conference agreement
provides $215,134,000 for the Waste Isolation Pilot Plant. No
funding is provided for voluntary payments of economic
assistance.
Use of prior-year balances.--The conference agreement
directs the use of $3,381,000 in prior-year balances to meet
fiscal year 2012 needs as described above.

Other Defense Activities

The conference agreement provides $823,364,000 for Other
Defense Activities, instead of $814,000,000 as proposed by
the House and $819,000,000 as proposed by the Senate.
Office of Health, Safety, and Security.--The conference
agreement provides $437,436,000 for the Office of Health,
Safety, and Security. Within this amount, $186,699,000 is
provided for Specialized Security Activities.

POWER MARKETING ADMINISTRATIONS

Bonnevile Power Administration Fund

The conference agreement provides no appropriation for the
Bonneville Power Administration, which derives its funding
from revenues deposited into the Bonneville Power
Administration Fund. The Act includes a provision regarding
funds for official reception and representation expenses as
proposed by the Senate. The House proposed a similar
provision.

Operation and Maintenance, Southeastern Power Administration

The conference agreement provides a net appropriation of $0
for the Southeastern Power Administration as proposed by the
House and Senate. An additional $1,000,000 is recorded
separately as a scorekeeping adjustment.

Operation and Maintenance, Southwestern Power Administration

The conference agreement provides a net appropriation of
$11,892,000 for the Southwestern Power Administration, as
proposed by the House and Senate.

21Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration

The conference agreement provides a net appropriation of
$95,968,000 for the Western Area Power Administration, as
proposed by the House and Senate. An additional $3,000,000 is
recorded separately as a scorekeeping adjustment.

Falcon and Amistad Operating and Maintenance Fund

The conference agreement provides a net appropriation of
$220,000 for the Falcon and Amistad Operating and Maintenance
Fund, as proposed by the House and Senate. An additional
$1,000,000 is recorded separately as a scorekeeping
adjustment.

Federal Energy Regulatory Commission

SALARIES AND EXPENSES

The conference agreement provides $304,600,000 for the
Federal Energy Regulatory Commission (FERC), as proposed by
the House and Senate. Revenues for FERC are set to an amount
equal to the budget authority, resulting in a net
appropriation of $0. The Act does not include language
proposed by the Senate directing a rulemaking.
The conferees are aware of significant local concerns with
the process for developing, reviewing and approving shoreline
management plans at Smith Mountain Lake and Lake of the
Ozarks. As the licensees develop and FERC reviews and
approves shoreline management plans, both parties must not
only ensure the continued unimpeded operation of the project,
but also recognize the rights and concerns of private
property owners and local communities. The parties should
develop innovative and mutually agreeable solutions to
resolve conflicts among project purposes and private
property, which should be implemented without delay. The
conferees note that several options already exist for
resolving such conflicts--such as realigning project
boundaries, grandfathering non-conforming structures, or
conveying the disputed property--and that the removal of
private structures should only be required, if at all, when
all other options are inadequate. The conferees direct FERC
to review the shoreline management plan process to identify
any improvements that could be made to address local concerns
at each stage of the process and to submit to the appropriate
congressional committees a report detailing any
administrative changes to be undertaken as well as any
recommended legislative changes that may be necessary.

GENERAL PROVISIONS--DEPARTMENT OF ENERGY

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

The conference agreement includes a modification to the
House provision regarding reprogramming of funds. The Senate
proposed no similar provision.
The conference agreement does not include a provision
proposed by the House regarding workforce restructuring. The
Senate proposed no similar provision. The conferees expect
the Department to continue to follow the guidelines
established by this provision.
The conference agreement includes a provision proposed by
the House and Senate relating to unexpended balances.
The conference agreement includes a provision proposed by
the Senate specifically authorizing intelligence activities
pending enactment of the fiscal year 2012 Intelligence
Authorization Act. The House proposed a similar provision.
The conference agreement does not include a House provision
regarding Bonneville Power Administration energy efficiency
services, although the conferees expect the BPA to continue
to follow the guidelines established by that provision. The
Senate proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate relating to a future-years energy program. The
House proposed no similar provision.
The conference agreement does not include a provision
proposed by the House and Senate directing the governance of
user facilities. The conferees expect the Department to
continue to follow the guidelines established by this
provision.
The conference agreement includes a provision proposed by
the Senate relating to loan guarantee co-pay. The House
proposed no similar provision.
The conference agreement does not include a provision
proposed by the House that establishes certain limitations
and requirements with respect to the transfer of funds by the
Secretary of Energy to reimburse the costs of defined
benefits pension plans for contractor employees. This
provision is now contained in current law. The Senate
proposed no similar provision.
The conference agreement includes a provision proposed by
the House establishing estimated cost parameters for plant
and construction activities for the purposes of sections 4703
and 4704 of the Atomic Energy Defense Act.
The conference agreement modifies a provision proposed by
the Senate relating to the minor construction threshold for
the Bonneville Power Administration. The House proposed no
similar provision.
The conference agreement includes a provision proposed by
the House that prohibits the use of funds in this title for
capital construction of high hazard nuclear facilities,
unless certain independent oversight is conducted. The Senate
proposed no similar provision.
The conference agreement does not include a provision
proposed by the Senate relating to the Ultra-Deepwater and
Unconventional Natural Gas and Other Petroleum Research Fund.
The House proposed no similar provision.
The conference agreement modifies a provision proposed by
the Senate related to contractor pay freeze. The House
proposed no similar provision.
The conference agreement includes a provision proposed by
the House that prohibits the use of funds to approve critical
decision-2 or critical decision-3 for certain construction
projects, unless a separate independent cost estimate has
been developed for that critical decision.
The conference agreement modifies a provision proposed by
the House that establishes certain notification requirements
that must be fulfilled before any funds may be used to make
certain awards, allocations, agreements, or public
announcements. The Senate proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate relating to the

[[Page H9481]]

barter of uranium. The House proposed no similar provision.
The conference agreement does not include a provision
relating to loan guarantee notifications. The Senate proposed
no similar provision.
The conference agreement includes a provision proposed by
the House regarding the weatherization program eligibility
cap. The Senate proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate on lighting standards. The House proposed no
similar provision.
The conference agreement includes a provision proposed by
the House prohibiting funds to implement or enforce higher
efficiency light bulb standards. The Senate proposed no
similar provision.
The conference agreement modifies a provision proposed by
the Senate relating to the third-party use of metering
stations for the Strategic Petroleum Reserve. The House
proposed no similar provision.
The conference agreement does not include a provision
proposed by the House relating to significant regulatory
actions. The Senate proposed no similar provision.

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TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

The conference agreement provides $68,263,000 for the
Appalachian Regional Commission, instead of $68,400,000 as
proposed by the House and $58,024,000 as proposed by the
Senate.

Defense Nuclear Facilities Safety Board

SALARIES AND EXPENSES

The conference agreement provides $29,130,000 for the
Defense Nuclear Facilities Safety Board, as proposed by the
House and Senate. The conferees direct the Board to enter
into an agreement for fiscal years 2012 and 2013 with the
Office of Inspector General for the Nuclear Regulatory
Commission. The conferees direct the Board to enter into an
enduring procurement with a provider of inspector general
services thereafter.

Delta Regional Authority

SALARIES AND EXPENSES

The conference agreement provides $11,677,000 for the Delta
Regional Authority, instead of $11,700,000 as proposed by the
House and $9,925,000 as proposed by the Senate.

Denali Commission

The conference agreement provides $10,679,000 for the
Denali Commission, instead of $10,700,000 as proposed by the
House and $9,077,000 as proposed by the Senate.

Northern Border Regional Commission

The conference agreement provides $1,497,000 for the
Northern Border Regional Commission, instead of $1,350,000 as
proposed by the House and $1,275,000 as proposed by the
Senate.

Southeast Crescent Regional Commission

The conference agreement provides $250,000 for the
Southeast Crescent Regional Commission, as proposed by the
House, instead of $213,000 as proposed by the Senate.

Nuclear Regulatory Commission

SALARIES AND EXPENSES

The conference agreement provides $1,027,240,000 for the
Nuclear Regulatory Commission (NRC) salaries and expenses, as
proposed by the Senate, instead of $1,037,240,000 as proposed
by the House. This amount is offset by estimated revenues of
$899,726,000, resulting in a net appropriation of
$127,514,000. The fee recovery is consistent with that
authorized by section 637 of the Energy Policy Act of 2005.
The conference agreement does not include $20,000,000 to be
made available from the Nuclear Waste Fund to support the
geological repository for nuclear fuel and waste, as proposed
by the House. The Senate proposed no similar provision.
The conference agreement includes a National Academy of
Sciences study of the lessons learned from the events at the
Fukushima nuclear plant, as proposed by the Senate. The
Commission is directed to transfer $2,000,000 to the National
Academy of Sciences for this study within 30 days of
enactment of this Act.
The conference agreement includes $15,000,000, as proposed
by the House, to support university education programs
relevant to the NRC mission, of which not less than
$5,000,000 is for grants to support research projects that do
not align with programmatic missions but are critical to
maintaining the discipline of nuclear science and
engineering.
The conferees recognize the progress that the Nuclear
Regulatory Commission has made on the recommendations of the
Near Term Task Force. Commission staff has proposed a
prioritized list of the Task Force recommendations that
reflects the order regulatory actions are to be taken. The
conferees direct the Commission to implement these
recommendations consistent with, or more expeditiously than,
the ``schedules and milestones'' proposed by NRC staff on
October 3, 2011. The conferees direct the Commission to
maintain an implementation schedule such that the remaining
recommendations (not identified as Tier 1 priorities) will be
evaluated and acted upon as expeditiously as practicable. The
conferees request that the Commission provide a written
status report to the House and Senate Committees on
Appropriations on its implementation of the Task Force
recommendations on the one year anniversary of the Fukushima
disaster.

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $10,860,000 for the
Office of the Inspector General in the Nuclear Regulatory
Commission, as proposed by the House and Senate. This amount
is offset by revenues of $9,774,000, for a net appropriation
of $1,086,000.

Nuclear Waste Technical Review Board

SALARIES AND EXPENSES

The conference agreement provides $3,400,000 for the
Nuclear Waste Technical Review Board, as proposed by the
House and Senate.

Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects

The conference agreement provides $1,000,000 for the Office
of the Federal Coordinator for Alaska Natural Gas
Transportation Projects, as proposed by the Senate, instead
of $4,032,000 as proposed by the House. The conference
agreement does not include a House provision addressing
excess fees.

GENERAL PROVISIONS--INDEPENDENT AGENCIES

The conference agreement modifies a provision proposed by
the House relating to the Nuclear Regulatory Commission. The
Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the Senate relating to spent fuel pools. Language
addressing this issue is included under the heading ``Nuclear
Regulatory Commission--Salaries and Expenses'' in the
Statement of Managers.
The conferees include a modified Senate provision regarding
certain NRC requirements. The House proposed no similar
provision. The conferees intend that licensees proactively
evaluate new information and, where necessary, improve their
facilities to keep them current with all NRC requirements
relevant to their licenses, including all updates, and urge
the NRC to continue its efforts to ensure all license
requirements are updated to incorporate the latest knowledge
of external hazards facing each site.

TITLE V

GENERAL PROVISIONS

The conference agreement includes a provision proposed by
the House and Senate relating to lobbying restrictions.
The conference agreement includes a provision proposed by
the House and Senate relating to transfer authority.
The conference agreement does not include a provision
proposed by the House prohibiting funds to be provided in
contravention of section 6(b) of the Iran Sanctions Act. The
Senate proposed no similar provision. The conferees direct
the Administration to continue to follow these requirements.
The conference agreement includes a provision proposed by
the House requiring new federal hires to be vetted through
the E-Verify Program. The Senate proposed no similar
provision.
The conference agreement modifies a provision proposed by
the House prohibiting the government from entering into
contracts or agreements with any corporation that was
convicted of a felony criminal violation under any federal
law within the preceding 24 months. The Senate proposed no
similar provision.
The conference agreement modifies a provision proposed by
the House prohibiting funds for contracts or agreements with
entities with unpaid federal tax liabilities that have not
entered into payment agreements to remedy the liability. The
Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House regarding the amount within the
Spending Reduction Account. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House relating to the use of firearms on
Corps of Engineers land. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds made available for
the Science account to be used in contravention of the
Department of Energy Organization Act. The Senate proposed no
similar provision.
The conference agreement does not include a provision
proposed by the House relating to the McNary Shoreline
Management Plan. The Senate proposed no similar provision.
The conferees note that concerns remain regarding the most
recent plan and direct the Corps to continue working with
residents to address these issues.
The conference agreement does not include a provision
proposed by the House prohibiting the use of funds to move
the Office of Environmental Management under the Under
Secretary for Nuclear Energy of the Department of Energy. The
Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House relating to the lease or purchase of
new light duty vehicles. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House relating to reintroduction of salmon in
the San Joaquin River. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds to enforce section
526 of the Energy Independence and Security Act. The Senate
proposed no similar provision. The conferees agree that
increased energy self-sufficiency is an important national
goal and the Department of Energy should continue to focus on
research, development and government procurements that
further progress towards that end.
The conference agreement does not include a provision
proposed by the House prohibiting development of a proposal
to expand the authorized uses of the Harbor Maintenance Trust
Fund. The Senate proposed no similar provision. The conferees
support language in the House report opposing the diversion
of revenue from existing authorized purposes, namely
maintenance dredging, and in light of widespread
congressional opposition to the budget proposal, suggest a
wiser course of action would be to focus on utilizing the
annual receipts for additional harbor dredging work rather
than allowing the balance in the Trust Fund to continue to
increase.
The conference agreement does not include a provision
proposed by the House prohibiting funds for International
activities at the Office of Energy Efficiency and Renewable
Energy of the Department of Energy in China. The Senate
proposed no similar provision.

[[Page H9498]]

The conference agreement includes a provision proposed by
the House prohibiting funds to be used in contravention of
the executive order entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations''. The Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House transferring funds between accounts for
the Department of Energy. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House transferring funds between accounts for
the Corps of Engineers. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House prohibiting salaries for recess-
appointed Presidential appointees who fall under certain
exemptions to Senate confirmation. The Senate proposed no
similar provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds for International
activities of the Office of Energy Efficiency and Renewable
Energy at the Department of Energy, except for the U.S.-
Israel program. The Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds in this bill from
being used to close the Yucca Mountain license application
process until a specific condition is met or for actions that
would remove the possibility that Yucca Mountain might be an
option in the future. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds to implement any new
requirement regarding the disclosure of political
contributions. The Senate proposed no similar provision.

TITLE V/VI

EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER RELIEF

The conference agreement does not include funding for the
Corps of Engineers for disaster-related work as proposed in
Title V of the House bill and Title VI of the Senate bill.
Additional funding to address these needs will be considered
separately.

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Division C--Financial Services and General Government Appropriations
Act, 2012

References in this statement to the Senate bill are to the
bill (S. 1573) as reported to the Senate by the Committee on
Appropriations on September 15, 2011 (S. Rept. 112-79).
References to the House bill are to the bill (H.R. 2434) as
reported to the House by the Committee on Appropriations on
July 7, 2011 (H. Rept. 112-136).
Language included in House Report 112-136 or Senate Report
112-79 that is not changed by this joint explanatory
statement is approved by the committee of conference. This
explanatory statement, while repeating some report language
for emphasis, is not intended to negate the language in the
referenced House and Senate committee reports unless
expressly provided herein.
Where the House or Senate has directed submission of a
report, that report is to be submitted to the Committees on
Appropriations of both the House of Representatives and the
Senate.

TITLE I

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

The conference agreement provides $308,388,000 for
departmental offices salaries and expenses, instead of
$185,749,000 as proposed by the House and $306,388,000 as
proposed by the Senate.
Within the amount provided under this heading, the
conference agreement provides $100,000,000 for the Office of
Terrorism and Financial Intelligence and within that amount
no more than $26,608,000 for administrative expenses. The
conference agreement also provides full funding for the
Secretary's security and travel, both domestic and
international (including civilian and military).
Judgment Fund.--The conferees adopt the House report
language regarding the Judgment Fund, except that the first
report is due within 180 days of enactment of this Act and
annually thereafter.
Volcker Rule.--The conferees note that consistent with
Public Law 111-203, the appropriate Federal banking
regulators and the U.S. Securities and Exchange Commission
proposed regulations implementing the ``Volcker Rule,'' and
the U.S. Commodity Futures Trading Commission is expected to
propose a similar rule, that appropriately accommodates the
business of insurance by permitting trading by a regulated
insurance company for its general account. These
accommodations are subject to subsections (d)(1)(F) and
(d)(2)(A) of section 13 (or ``sections 13(d)(1)(F) and
13(d)(2)(A)'') of the Bank Holding Company Act of 1956.
Economic Sanctions and Divestments.--The conferees direct
the Department to fully implement the sanctions and
divestment measures applicable to North Korea, Burma,
Belarus, Iran, Sudan, and Zimbabwe. The Department is further
directed to promptly notify the Appropriations Committees of
any resource constraints that adversely impact the
implementation of these sanctions programs.
Management of Capital Investments.--The conferees reiterate
the Senate report language regarding management of capital
investments and direct the Department to continue improving
the management of capital investments, specifically focusing
on integrating all of the Department's bureaus into
improvement efforts and institutionalizing improvements so
that taxpayers will benefit from better management of future
capital projects. The conferees note that section 121 of this
Act requires the Secretary of the Treasury to develop an
annual Capital Investment Plan, to be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives within 30 days following submission of the
President's annual budget request. The conferees direct the
Office of the Chief Information Officer to ensure that
adequate resources are devoted both to projects in the
capital phase and to proper maintenance and modernization of
existing systems and to ensure that all projects are tracked
properly and described completely in the annual Capital
Investment Plan.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement provides $29,641,000 for the
Office of Inspector General as proposed by the House and the
Senate.

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $151,696,000 for salaries
and expenses of the Treasury Inspector General for Tax
Administration as proposed by the House and the Senate.

SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM

SALARIES AND EXPENSES

The conference agreement provides $41,800,000 for salaries
and expenses of the Office of the Special Inspector General
for the Troubled Asset Relief Program (SIGTARP) as proposed
by the Senate, instead of $41,801,000 as proposed by the
House.

Financial Crimes Enforcement Network

SALARIES AND EXPENSES

The conference agreement provides $110,788,000 for salaries
and expenses of the Financial Crimes Enforcement Network
(FinCEN), as proposed by the House and the Senate.
The conferees reiterate the House and Senate language
rejecting the Administration's proposed $3 million in
reductions for State and local and intelligence community
access to Bank Secrecy Act information and the Senate
language rejecting the Administration's proposal to fund a
portion of FinCEN's needs in fiscal year 2012 using proceeds
from the Treasury Forfeiture Fund.

Treasury Forfeiture Fund

(RESCISSION)

The conference agreement includes a rescission of
$950,000,000 of the unobligated balances in the Treasury
Forfeiture Fund.
The funds collected, disbursed and rescinded out of the
Treasury Forfeiture Fund (the Fund) are incidental to law
enforcement priorities that led to the seizures and
forfeitures. Disrupting and dismantling criminal
organizations that pose the greatest threat to public safety
and security is the highest priority of any law enforcement
agency. The Fund can ensure resources are managed efficiently
to cover the costs of an effective asset seizure and
forfeiture program, including the costs of seizing,
evaluating, inventorying, maintaining, protecting,
advertising, forfeiting and disposing of property, but it
must not be used to augment agency funding or to circumvent
the appropriations process. Reliance on the Fund to offset
the day-to-day operations, or to pay for new activities,
creates an incentive to pursue cases suspected of high valued
forfeitures rather than to target individuals or
organizations that perpetrate the worst crimes against
society.
In addition to the Department of Treasury, the Department
of Homeland Security is the other primary participant in the
Fund since it does not have the authority or expertise to
operate its own forfeiture fund. In fiscal year 2010, the
Department of Homeland Security activities resulted in
approximately 30 percent of the collections to the Fund and
accounted for approximately 50 percent of the costs incurred
by the Fund. In recent years, the available balances in the
Fund have increased as the Federal Government has taken
enforcement actions against large banks, increasing the
surplus funding available. This surplus funding can either be
used to fund law enforcement expenses to enhance forfeiture
capabilities, be held in reserve or be rescinded. In
considering the allocation of super surplus balances or
rescission of resources in the Fund, the conferees direct the
Administration not to use a formulaic approach where agencies
that conduct seizures automatically get to spend or rescind
surplus balances. The resources in the Fund should not be
considered a ``bounty'' for the collecting agencies. Future
proposed rescissions and super surplus spending requests
should be based on programmatic need and funding priorities
not a predetermined formula. Using a formulaic approach, such
as distributing super surplus funds and rescissions in
proportion to an agency's collections, would distort the role
of the Fund.

Financial Management Service

SALARIES AND EXPENSES

The conference agreement provides $217,805,000 for salaries
and expenses of the Financial Management Service as proposed
by the Senate instead of $216,617,000 as proposed by the
House.

Alcohol and Tobacco Tax and Trade Bureau

SALARIES AND EXPENSES

The conference agreement provides $99,878,000 for salaries
and expenses of the Alcohol and Tobacco Tax and Trade Bureau
as proposed by the Senate instead of $96,899,000 as proposed
by the House. Within this amount, $2,000,000 is for the cost
of special law enforcement agents to target tobacco smuggling
and other criminal diversion activities.

United States Mint

UNITED STATES MINT PUBLIC ENTERPRISE FUND

The conference agreement provides that not more than
$20,000,000 in new liabilities and obligations may be
incurred during fiscal year 2012 for circulating coinage and
protective service capital investments of the U.S. Mint, as
proposed by the House and the Senate.

Bureau of the Public Debt

ADMINISTERING THE PUBLIC DEBT

The conference agreement provides $173,635,000 for costs
associated with administering the public debt, as proposed by
the Senate instead of the $171,979,000 as proposed by the
House. Within this amount, $10,000,000 is available until
September 30, 2014, to reduce improper payments. The
conference agreement further directs that $8,000,000 in user
fees be used to offset the appropriated amounts.

Community Development Financial Institutions Fund Program Account

The conference agreement provides $221,000,000 for the
Community Development Financial Institutions (CDFI) Fund
program.
The conference agreement waives the matching fund
requirement for the Small and/or Emerging CDFI applicants
(SECA) and the Native Initiatives for only one year. SECAs
are insured depository institutions and depository
institution holding companies with total assets up to $250
million, insured credit unions with total assets up to $10
million, venture capital funds with total assets up to $10
million, or other type of certified/certifiable CDFI with
total assets up to

[[Page H9512]]

$5 million as of September 30, 2011, or began operations on
or after January 1, 2008.
The conference agreement designates no funding for the Bank
on USA Initiative.

Internal Revenue Service

TAXPAYER SERVICES

The conference agreement provides $2,239,703,000 for
Internal Revenue Service (IRS) Taxpayer Services. Within the
overall amount, not less than $9,750,000 is for low-income
taxpayer clinic grants, and not less than $5,600,000 is for
the Tax Counseling for the Elderly program. Not less than
$205,000,000 is provided for operating expenses of the IRS
Taxpayer Advocate Service.
In addition, within the overall amount provided,
$12,000,000, available until September 30, 2013, is included
for the Community Volunteer Income Tax Assistance (VITA)
matching grants program.

ENFORCEMENT

The conference agreement provides $5,299,367,000 for
Enforcement.

OPERATIONS SUPPORT

The conference agreement provides $3,947,416,000 for
Operations Support.
Information Technology Reports.--The conferees direct the
IRS to submit quarterly reports to the Committees on
Appropriations and the Government Accountability Office
(GAO), with the first such report due no later than two weeks
after March 31, 2012. The conferees expect the reports to
include a detailed, plain English explanation of the cost and
schedule for the previous three months and a description of
the expected cost and schedule for the upcoming three months
for the following major information technology project
activities: IRS.gov; Returns Remittance Processing; EDAS/IPM;
Information Returns and Document Matching; E-services; and
other projects associated with significant changes in law.
The conferees further direct GAO to review and provide an
annual report to the Committees on the cost and schedule of
activities of all major IRS information technology projects
for the year, with particular focus on the projects about
which the IRS is providing quarterly reports to the
Committees.

BUSINESS SYSTEMS MODERNIZATION

The conference agreement provides $330,210,000 for Business
Systems Modernization (BSM).
Information Technology Reports.--The conferees direct the
IRS to submit quarterly reports to the Committees on
Appropriations and the Government Accountability Office
(GAO), with the first such report due no later than two weeks
after March 31, 2012. The conferees expect the reports to
include a detailed, plain English explanation of the cost and
schedule of CADE2 and MeF activities for the previous three
months and a description of the expected cost and schedule
for the upcoming three months. The conferees further direct
GAO to review and provide an annual report to the Committees
on the cost and schedule of CADE2 and MeF activities for the
year.

ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain training in
taxpayer rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority.

ADMINISTRATIVE PROVISIONS--DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFERS OF FUNDS)

The conferees agree to the following provisions:
Section 105 allows Treasury to use funds for certain
specified expenses.
Section 106 allows for the transfer of up to 2 percent of
funds between ``Departmental Offices'' and the various
Treasury bureaus, except the IRS.
Section 107 allows for the transfer of up to 2 percent from
the IRS accounts to TIGTA.
Section 108 directs that the purchase of vehicles be
consistent with vehicle management principles.
Section 109 prohibits funding to redesign the $1 note.
Section 110 allows for the transfer of funds from
``Financial Management Service, Salaries and Expenses'' to
the Debt Collection Fund conditional on future reimbursement.
Section 111 extends a pay demonstration program for one
year.
Section 112 prohibits funds to build a United States Mint
museum without the approval of the House and Senate
Committees on Appropriations and the authorizing committees
of jurisdiction.
Section 113 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of
Engraving and Printing without the approval of the House and
Senate Committees on Appropriations and the authorizing
committees of jurisdiction.
Section 114 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2012 intelligence authorization
act.
Section 115 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 116 removes the 4 year limit on currency paper
contracts.
Section 117 requires persons who exchange $10,000 or more
in mutilated cash to provide the Bureau of Engraving and
Printing with a taxpayer identification number.
Section 118 concerns disclosure prohibitions with regards
to FinCEN activities.
Section 119 concerns disclosure of FinCEN activities.
Section 120 provides FinCEN with access to certain reports
of cash payments that are only filed with the IRS.
Section 121 requires the Secretary to submit a Capital
Investment Plan.

TITLE II

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT

Compensation of the President

The conference agreement provides $450,000 for compensation
of the President as proposed by the Senate. The House
proposed funding this mandatory cost as a general provision.

The White House

SALARIES AND EXPENSES

The conference agreement provides $56,974,000 for the
salaries and expenses of the White House, instead of
$55,513,000 as proposed by the House and $57,851,000 as
proposed by the Senate.
The conferees note that a lengthy clearance process at the
Executive Office of the President (EOP) often delays
submission of information requested by the Committees on
Appropriations. The conferees expect EOP to respond to such
requests in a timely manner because such information is
critical to the Committees' ability to make informed
budgetary decisions. In that regard, the conferees have
encountered particular difficulty in receiving timely and
comprehensive responses to requests for information from the
Office of National Drug Control Policy (ONDCP) and therefore,
direct EOP to remedy this issue. Language has also been
included on this topic in the ONDCP section.

Executive Residence at the White House

OPERATING EXPENSES

The conference agreement provides $13,425,000 for the
Executive Residence at the White House, instead of
$12,989,000 as proposed by the House and $13,536,000 as
proposed by the Senate.

White House Repair and Restoration

The conference agreement provides $750,000 for repair,
alteration and improvement of the Executive Residence at the
White House, instead of $1,000,000 as proposed by the House
and $990,000 as proposed by the Senate.

Council of Economic Advisers

SALARIES AND EXPENSES

The conference agreement provides $4,192,000 for the
salaries and expenses of the Council of Economic Advisers as
proposed by the Senate, instead of $3,982,000 as proposed by
the House.

National Security Council and Homeland Security Council

SALARIES AND EXPENSES

The conference agreement provides $13,048,000 for the
salaries and expenses of the National Security Council and
Homeland Security Council as proposed by the Senate, instead
of $12,396,000 as proposed by the House.

Office of Administration

SALARIES AND EXPENSES

The conference agreement provides $112,952,000 for the
salaries and expenses of the Office of Administration,
instead of $109,297,000 as proposed by the House and
$114,908,000 as proposed by the Senate. The conference
agreement includes $10,403,000, to remain available until
expended, for information technology modernization.

Office of Management and Budget

SALARIES AND EXPENSES

The conference agreement provides $89,456,000 for the
salaries and expenses of the Office of Management and Budget
(OMB), instead of $82,575,000 as proposed by the House and
$90,833,000 as proposed by the Senate.
The conferees direct OMB to submit a report to the
Committee within 120 days of enactment of this Act detailing
current capabilities of and deficiencies in the Federal
Government's core budgeting system.
In light of increased efforts to identify government-wide
efficiencies and anticipate the cost of major infrastructure
projects, the Committee instructs OMB to examine Circular A-
94. The Committee expects OMB's review of Circular A-94 to
include an examination of the potential to incorporate life-
cycle cost analysis. Moreover, this analysis should be as
accurate, complete and reflective of the real costs and
lifespans of materials as possible, including the use of
material-specific discount rates and maintenance scheduled
cost. OMB is directed to report to the Committee within 180
days of enactment of this Act on the status of reviewing
Circular A-94. OMB should include appropriate experts in the
field of life-cycle cost analysis, as well as appropriate
industry experts and research centers.
The conferees believe that agency staffing decisions should
be based on agency workload and the level of funds made
available, rather than pre-determined formulaic reductions.
Decisions to backfill vacant positions should be based on the
number of staff with

[[Page H9513]]

the combination of skills and qualifications necessary to
carry out the agency's mission within available funding
levels. The OMB Director shall report in February annually to
the House and Senate Appropriations Committees on any
agencies not adhering to the policies mentioned above.
The conferees direct OMB to issue guidance, consistent with
section 735 of division D of the Omnibus Appropriations Act,
2009, Public Law 111-8, and section 739(a)(1) of division D
of the Consolidated Appropriations Act, 2008 (Public Law 110-
161), and section 327 of the 2008 National Defense
Authorization Act (Public Law 110-181), regarding use of
direct conversions to contract out, in whole or in part,
activities or functions last performed by Federal employees.
The conferees expect OMB to honor the terms and conditions
of appropriations Acts by not only reviewing reprogramming
requests submitted to the Committees on Appropriations
pursuant to the reprogramming conditions of this or any other
Act, but also by reviewing agency activities for compliance
with reprogramming conditions. With regard to section 608 of
this Act, the conferees find that reimbursable agreements and
other similar funding mechanisms utilized for the purpose of
reallocating funding shall be considered a reprogramming of
funds under such section. When determining the applicability
of section 608, OMB and the agencies should consult with the
Committees on Appropriations.

Office of National Drug Control Policy

SALARIES AND EXPENSES

The conference agreement provides $24,500,000 for salaries
and expenses of the Office of National Drug Control Policy
(ONDCP), instead of $23,000,000 as proposed by the House and
$26,125,000 as proposed by the Senate.
The conferees note that a lengthy clearance process at the
Executive Office of the President (EOP) often delays
submission of information requested by the Committees on
Appropriations. The conferees have encountered particular
difficulty in receiving timely and comprehensive responses to
requests for information from ONDCP. The conferees expect
ONDCP to respond to such requests in a timely manner because
such information is critical to the Committees' ability to
make informed budgetary decisions. The conferees expect EOP
to remedy this issue and improve ONDCP's responsiveness.
Language has also been included on this topic under the White
House Office account.

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $238,522,000 for the High
Intensity Drug Trafficking Areas Program as proposed by the
House and the Senate.

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $105,550,000 for Other
Federal Drug Control Programs, instead of $101,978,000 as
proposed by the House and $105,950,000 as proposed by the
Senate. The agreement allocates funds among specific programs
as follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
National Youth Anti-Drug Media Campaign................. $0
Drug-Free Communities Program........................... 92,000,000
(Training........................................... 2,000,000)
Drug court training and technical assistance............ 1,400,000
Anti-Doping activities.................................. 9,000,000
World Anti-Doping Agency (U.S. membership dues)......... 1,900,000
Discretionary Grants as authorized by PL 109-469, 1,250,000
section 1105...........................................
Performance Measures Development........................ 0
------------------------------------------------------------------------

The conference agreement provides no funding for the media
campaign, as proposed by the House and the Senate. The
conferees are supportive of a plan to preserve the
substantial federal investment in anti-drug messaging and
direct ONDCP to report to the Committees on Appropriations on
the planned uses of the remaining unobligated balances for
the media campaign not later than 180 days after enactment of
this Act.
The conferees expect grant funding provided under ONDCP's
Other Federal Drug Control Programs be awarded through a
competitive process.
The conferees are troubled by ONDCP's decision-making in
the management of unobligated balances. The President's
budget proposed rescinding $11,328,000 from the Counterdrug
Technology Assessment Center. Despite this, ONDCP obligated
$6,083,361 of those balances. The conferees believe that
ONDCP's decision to obligate funds that the President's
budget proposed to rescind demonstrates an inability to
effectively manage their funds.

Integrated, Efficient and Effective Uses of Information Technology

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $5,000,000 for this
activity as proposed by the House, instead of no funds as
proposed by the Senate. The conferees direct that information
technology reform initiatives shall not be a substitute for
consideration of agency requirements and the Executive Office
of the President shall keep the Committees on Appropriations
informed of changes in information technology spending plans.

Unanticipated Needs

The conference agreement provides $988,000 for
unanticipated needs as proposed by the Senate. The House
provided no funding for this activity.

Special Assistance to the President

SALARIES AND EXPENSES

The conference agreement provides $4,328,000 for salaries
and expenses to enable the Vice President to provide special
assistance to the President as proposed by the Senate,
instead of $4,322,000 as proposed by the House.

Official Residence of the Vice President

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $307,000 for operating
expenses for the official residence of the Vice President as
proposed by the House and the Senate.

Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President

(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

The conference agreement provides the following
Administrative Provisions under this title:
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires OMB to submit a report on the
implementation of Executive Order 13563 relating to improving
regulation and regulatory review.
Section 203 requires OMB to report on the costs of
implementing the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203).
Section 204 requires a detailed narrative and financial
plan for Office of National Drug Control Policy funds.
Section 205 provides transfer authority among Office of
National Drug Control Policy accounts.
Section 206 governs reprogramming of Office of National
Drug Control Policy funds.
Section 207 rescinds $5,244,639 in unobligated prior year
balances from the Counterdrug Technology Assessment Center.
Section 208 rescinds $359,958 in unobligated prior year
balances from Other Federal Drug Control Programs for a
chronic users study and $5,723,403 in unobligated prior year
balances from Other Federal Drug Control Programs for a
national youth anti-drug media campaign.
Section 209 extends the availability of funds under the
Partnership Fund for Program Integrity Innovation. The
conferees do not recommend additional funding for the
Partnership Fund in fiscal year 2012 and direct the
Administration to continue to leverage funds provided in
fiscal year 2010 to continue the initiative during fiscal
years 2012 and 2013.

TITLE III

THE JUDICIARY

Supreme Court of the United States

SALARIES AND EXPENSES

The conference agreement provides $74,819,000 for the
salaries and expenses of the Supreme Court as proposed by the
House and the Senate.

CARE OF THE BUILDING AND GROUNDS

The conference agreement provides $8,159,000 for the care
of the Supreme Court building and grounds as proposed by the
House and the Senate.

United States Court of Appeals for the Federal Circuit

SALARIES AND EXPENSES

The conference agreement provides $32,511,000 for the
salaries and expenses of the United States Court of Appeals
for the Federal Circuit, instead of $31,472,000 as proposed
by the House and $31,913,000 as proposed by the Senate.

United States Court of International Trade

SALARIES AND EXPENSES

The conference agreement provides $21,447,000 for the
salaries and expenses of the United States Court of
International Trade, instead of $20,628,000 as proposed by
the House and $20,968,000 as proposed by the Senate.

Courts of Appeals, District Courts, and Other Judicial Services

SALARIES AND EXPENSES

The conference agreement provides $5,015,000,000 for the
salaries and expenses of the Courts of Appeals, District
Courts, and Other Judicial Services, instead of
$4,790,855,000 as proposed by the House and $4,970,646,000 as
proposed by the Senate. In addition, the agreement provides
$5,000,000 from the Vaccine Injury Compensation Trust Fund,
instead of $4,775,000 as proposed by the House and the
Senate.

DEFENDER SERVICES

The conference agreement provides $1,031,000,000 for
Defender Services, instead of $1,050,000,000 as proposed by
the House and $1,034,182,000 as proposed by the Senate.

FEES OF JURORS AND COMMISSIONERS

The conference agreement provides $51,908,000 for Fees of
Jurors and Commissioners, instead of $57,305,000 as proposed
by the House and $59,000,000 as proposed by the Senate.

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $500,000,000 for court
security, as proposed by the House and the Senate.

[[Page H9514]]

Administrative Office of the United States Courts

SALARIES AND EXPENSES

The conference agreement provides $82,909,000 for the
salaries and expenses of the Administrative Office of the
United States Courts, instead of $80,007,000 as proposed by
the House and $82,000,000 as proposed by the Senate.

Federal Judicial Center

SALARIES AND EXPENSES

The conference agreement provides $27,000,000 for the
salaries and expenses of the Federal Judicial Center, as
proposed by the Senate, instead of $26,318,000 as proposed by
the House.

Judicial Retirement Funds

PAYMENT TO JUDICIARY TRUST FUNDS

The conference agreement provides $103,768,000 for payments
to the judiciary trust funds, as proposed by the Senate. The
House proposed funding these mandatory costs in a general
provision.

United States Sentencing Commission

SALARIES AND EXPENSES

The conference agreement provides $16,500,000 for the
salaries and expenses of the United States Sentencing
Commission, as proposed by the Senate, instead of $16,215,000
as proposed by the House.

Administrative Provisions--The Judiciary

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes the following
administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the
Judicial Conference.
Section 304 extends through fiscal year 2012 the delegation
of authority to the Judiciary for contracts for repairs of
less than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services
at selected courthouses.
Section 306 extends for one year the authorization of
temporary district judgeships in Kansas and Hawaii.

TITLE IV

DISTRICT OF COLUMBIA

federal funds federal payment for resident tuition support

The conference agreement includes $30,000,000 for District
of Columbia resident tuition support as proposed by the House
and the Senate.

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA

The conference agreement provides $14,900,000 for emergency
planning and security costs in the District of Columbia as
proposed by the House and the Senate.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

The conference agreement provides $232,841,000 for the
District of Columbia Courts, instead of $224,394,000 as
proposed by the House and $230,319,000 as proposed by the
Senate. Within the amount provided, $12,830,000 is for the
District of Columbia Court of Appeals, $114,209,000 is for
the District of Columbia Superior Court, $66,712,000 is for
the District of Columbia Court System, and $39,090,000 is for
capital improvements to Court facilities.
For the District of Columbia Superior Court, the conference
agreement provides $114,209,000 instead of $109,307,000 as
proposed by the House and $111,687,000 as proposed by the
Senate. Increased funding is provided to address the Court's
top priorities, including the Fathering Court Initiative and
the Drop-In Center for Juvenile Girls.
The conference agreement does not continue bill language
from prior years requiring the District of Columbia Courts to
use GSA for payroll and financial services, as proposed by
the House. While not excluding the use of GSA for these
services, the conferees are aware this provision will allow
the District of Columbia Courts greater flexibility in
selecting and contracting for its payroll and financial
services.

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $55,000,000 for Defender
Services in District of Columbia Courts as proposed by the
Senate, instead of $54,890,000 as proposed by the House.
The conference agreement does not continue bill language
from prior years requiring the Defender Services in District
of Columbia Courts to use GSA for payroll and financial
services as proposed by the House. While not excluding the
use of GSA for these services, the conferees are aware this
provision will allow the Defender Services in District of
Columbia Courts greater flexibility in selecting and
contracting for its payroll and financial services.

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA

The conference agreement provides $212,983,000 to the Court
Services and Offender Supervision Agency for the District of
Columbia as proposed by the House and the Senate. Within the
amount provided, $153,548,000 is for Community Supervision
and Sex Offender Registration and $59,435,000 is for the
Pretrial Services Agency.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE

The conference agreement provides $37,241,000 for the
Public Defender Service as proposed by the House and the
Senate.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

The conference agreement provides $15,000,000 for the
District of Columbia Water and Sewer Authority as proposed by
the Senate instead of no funds as proposed by the House.

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL

The conference agreement provides $1,800,000 for the
Criminal Justice Coordinating Council as proposed by the
Senate instead of $1,796,000 as proposed by the House.

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

The conference agreement provides $500,000 for Judicial
Commissions as proposed by the Senate instead of $499,000 as
proposed by the House. Within the amount provided, $295,000
is for the Commission on Judicial Disabilities and Tenure,
and $205,000 is for the Judicial Nomination Commission.

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

The conference agreement includes $60,000,000 for school
improvement in the District of Columbia as proposed by the
House and the Senate. As authorized by the Scholarship for
Opportunity and Results Act, funds are equally divided
between District of Columbia Public Schools ($20,000,000),
District of Columbia Public Charter Schools ($20,000,000) and
District of Columbia Opportunity Scholarships ($20,000,000).
The conference agreement does not adopt the Senate
requirement that the Secretary of Education perform an
assessment of schools participating in the Opportunity
Scholarships program.

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

The conference agreement provides $375,000 for the Major
General David F. Wherley, Jr. District of Columbia National
Guard Retention and College Access Program as proposed by the
House and the Senate.

FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

The conference agreement provides a $5,000,000 Federal
payment to the District of Columbia solely for the purpose of
HIV/AIDS testing and treatment. No funds were provided for
this activity in the House or the Senate.

District of Columbia Funds

The conference agreement provides authority for the
District of Columbia to spend its local funds in accordance
with the Fiscal Year 2012 Budget Request Act of 2011 (DC Act
19-92), as modified as of the date of the enactment of this
Act.

TITLE V

INDEPENDENT AGENCIES

Administrative Conference of the United States

SALARIES AND EXPENSES

The conference agreement provides $2,900,000, to remain
available until September 30, 2013, for the Administrative
Conference of the United States as proposed by the Senate,
instead of $2,608,000 as proposed by the House.

Christopher Columbus Fellowship Foundation

SALARIES AND EXPENSES

The conference agreement provides $450,000 for the
Christopher Columbus Fellowship Foundation as proposed by the
Senate, instead of no funds as proposed by the House.

Consumer Product Safety Commission

SALARIES AND EXPENSES

The conference agreement includes $114,500,000 for the
Consumer Product Safety Commission (CPSC) as proposed by the
Senate, instead of $111,288,000 as proposed by the House.
The conferees are aware that small, round, coin-shaped
batteries, known as ``button cell batteries'' are
increasingly present in consumer products, and pose a
hazard--potentially fatal--to small children who ingest them.
The conferees support efforts to ensure that these batteries
are securely enclosed in products (like the existing Federal
safety rules that require toys that use batteries to have
such compartments), with accompanying warning labels.
CPSC has identified window coverings with cords as one of
the top five hidden hazards in the home and CPSC is aware of
120 fatalities and 113 serious injuries related to corded
window blinds since 1999. The conferees urge parties involved
in the standards process to redouble efforts to address the
strangulation risk posed by corded window coverings in a
timely manner.

ADMINISTRATIVE PROVISIONS--CONSUMER PRODUCT SAFETY COMMISSION

The conference agreement includes the following
administrative provisions for the Consumer Product Safety
Commission:
Section 501 permits CPSC staff serving abroad to be
eligible for benefits similar to those authorized for Foreign
Service officials.
Section 502 includes language making technical corrections
to the Virginia Graeme Baker Pool and Spa Safety Act.

[[Page H9515]]

Section 503 requires the Government Accountability Office
(GAO) to study the potential risks associated with new and
emerging consumer products.
Section 504 requires the GAO to study the efficacy of
voluntary industry standards for consumer products.

Election Assistance Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $11,500,000 for the
salaries and expenses of the Election Assistance Commission
(EAC), instead of $6,858,000 as proposed by the House and
$14,750,000 as proposed by the Senate. This includes
$2,750,000 to be transferred to the National Institute of
Standards and Technology and $1,250,000 for the EAC Inspector
General.

Federal Communications Commission

SALARIES AND EXPENSES

The conference agreement includes $339,844,000 for the
salaries and expenses of the Federal Communications
Commission (FCC), instead of $319,004,000 as proposed by the
House and $354,181,000 as proposed by the Senate. This
includes $9,750,000 for the FCC Inspector General. The
conference agreement provides that $339,844,000 be derived
from offsetting collections, resulting in no net
appropriation.
The conferees note that the Fairness Doctrine was removed
from the FCC's rulebooks as of August 22, 2011.

ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION

The conferees agree to the following administrative
provisions for the Federal Communications Commission:
Section 510 extends an exemption for the Universal Service
Fund.
Section 511 prohibits the Federal Communications Commission
from changing rules governing the Universal Service Fund
regarding single connection or primary line restrictions.

Federal Deposit Insurance Corporation

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides a transfer of $45,261,000
to fund the Office of Inspector General (OIG) for the Federal
Deposit Insurance Corporation as proposed by both the House
and Senate. The OIG's appropriations are derived from the
Deposit Insurance Fund and the FSLIC Resolution Fund.

Federal Election Commission

SALARIES AND EXPENSES

The conference agreement provides $66,367,000 for the
salaries and expenses of the Federal Election Commission as
proposed by the House and Senate.

Federal Labor Relations Authority

SALARIES AND EXPENSES

The conference agreement provides $24,723,000 for the
Federal Labor Relations Authority as proposed by the Senate,
instead of $24,105,000 as proposed by the House.

Federal Trade Commission

SALARIES AND EXPENSES

The conference agreement provides $311,563,000 for the
salaries and expenses of the Federal Trade Commission (FTC)
as proposed by the Senate, instead of $284,067,000 as
proposed by the House. This appropriation is partially offset
by premerger filing fees estimated at $108,000,000 and
$21,000,000 from fees to implement the Telemarketing Sales
Rule.
The conference agreement does not adopt the Senate
requirement that the FTC submit voluntary food marketing
principles in a final report to the Committees.

General Services Administration

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

The conference agreement provides resources from the
General Services Administration (GSA) Federal Buildings Fund
totaling $8,017,967,000, instead of $7,223,801,000 as
proposed by the House and $8,144,967,000 as proposed by the
Senate.
Construction and Acquisition.--The conference agreement
provides $50,000,000 for construction and acquisition,
instead of $0 as proposed by the House and $65,000,000 as
proposed by the Senate.
The conferees clarify the House report language about use
of prior appropriations for projects and agree, unless GSA
follows the reprogramming process in Section 608 that
requires the approval of the Committees, that GSA is
prohibited from using either funding appropriated for any
construction project yet to be completed or the proceeds from
the sale of land from the yet-to-be-completed project other
than to address the need for space for which the construction
project was intended.
Repairs and Alterations.--The conference agreement provides
$280,000,000 for repairs and alterations, as proposed by the
House and Senate. Funds are provided in the amounts
indicated:

Judiciary Capital Security Program..........................$20,000,000
Basic Repairs and Alterations..............................$260,000,000

Energy Saving Lighting Technologies.--The conference
agreement adopts the House reporting requirement on LED
lights and clarifies that LED lights are expected to be
incorporated into GSA's building specifications as
appropriate.
Installment Acquisition Payments.--The conference agreement
includes $126,801,000 for installment acquisition payments,
as proposed by both the House and the Senate.
Rental of Space.--The conference agreement provides
$5,210,198,000 for rental of space, instead of $4,700,000,000
as proposed by the House and $5,285,198,000 as proposed by
the Senate.
Building Operations.--The conference agreement provides
$2,350,968,000 for building operations, instead of
$2,117,000,000 as proposed by the House and $2,387,968,000 as
proposed by the Senate.

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

The conference agreement provides $61,115,000 for GSA
Government-wide policy activities, instead of $64,826,000 as
proposed by the House and $61,750,000 as proposed by the
Senate.

OPERATING EXPENSES

The conference agreement provides $69,500,000 for operating
expenses of GSA instead of $68,135,000 as proposed by the
House and $70,000,000 as proposed by the Senate.

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $58,000,000 for the
Office of Inspector General as proposed by the Senate instead
of $58,882,000 as proposed by the House.

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $12,400,000 for the
Electronic Government Fund. These funds may be transferred to
other Federal agencies to carry out the purposes of the
Electronic Government Fund, but only after a spending plan
and explanation for each project has been submitted to the
Committees on Appropriations.

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

The conference agreement includes $3,671,000 for allowances
and staff for former Presidents, as proposed by both the
House and the Senate.

FEDERAL CITIZEN SERVICES FUND

The conference agreement provides $34,100,000 for deposit
into the Federal Citizens Services Fund (the Fund) and
authorizes use of appropriations, revenues and collections in
the Fund in an aggregate amount not to exceed $90,000,000.

ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS AND RESCISSION)

The conferees agree to the following provisions:
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees on
Appropriations.
Section 522 prohibits the use of funds to transmit a fiscal
year 2013 request for courthouse construction unless the
request meets design guide standards, reflects the priorities
in the Judicial Conference 5-year construction plan, and
includes a standardized courtroom utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that
does not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-related
claims against the Federal Government from savings achieved
in other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate congressional committees.
Section 526 increases the permissible uses of the fees
collected by the GSA Federal Acquisition Institute.
Section 527 rescinds $4,600,000 from completed projects.
Section 528 directs GSA to submit a report within 120 days
of enactment of this Act about programs funded by
appropriations to GSA, but not under GSA control.

Harry S Truman Scholarship Foundation

SALARIES AND EXPENSES

The conference agreement includes $748,000 for a payment to
the Harry S Truman Scholarship Foundation Trust Fund as
proposed by the House instead of $700,000 as proposed by the
Senate.

Merit Systems Protection Board

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $42,603,000, to remain
available until September 30, 2013, for the salaries and
expenses of the Merit Systems Protection Board as proposed by
the Senate, instead of $41,761,000 as proposed by the House.
Within the amount provided, $40,258,000 is a direct
appropriation and $2,345,000 is a transfer from the Civil
Service Retirement and Disability Fund to adjudicate
retirement appeals.

Morris K. Udall and Stewart L. Udall Foundation

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

The conference agreement includes $2,200,000 for payment to
the Morris K. Udall and Stewart L. Udall Trust Fund as
proposed by the Senate.

ENVIRONMENTAL DISPUTE RESOLUTION FUND

The conference agreement includes $3,792,000 for payment to
the Environmental

[[Page H9516]]

Dispute Resolution Fund as proposed by the Senate.

National Archives and Records Administration

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $373,300,000 for the
operating expenses of the National Archives and Records
Administration (NARA), instead of $360,969,000 as proposed by
the House and $378,845,000 as proposed by the Senate.
The conferees reiterate Senate language noting material
weakness in the security of NARA's holdings. The conferees
direct NARA to institute and enforce effective inventory
controls and adequate levels of security within its
facilities to reduce the risk of loss and damage to our
Nation's documents and records.
In addition, the conferees direct NARA to continue to work
with agencies on records management policies, especially
those related to document destruction. The conferees believe
it is critical for all agencies to be aware of the importance
of these policies and to have proper systems in place for
document retention and preservation.

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $4,100,000 for NARA's
Office of Inspector General as proposed by the House and the
Senate.

REPAIRS AND RESTORATION

The conference agreement provides $9,100,000 for repairs
and restoration, instead of $8,693,000 as proposed by the
House and $9,659,000 as proposed by the Senate.

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM

The conference agreement provides $5,000,000 for the
National Historical Publications and Records Commission grant
program as proposed by the Senate, instead of $1,000,000 as
proposed by the House.

National Credit Union Administration

CENTRAL LIQUIDITY FACILITY

The conference agreement limits administrative expenses to
$1,250,000 and provides for authorized lending, as proposed
by the Senate.

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

The conference agreement includes $1,247,000 for the
Community Development Revolving Loan Fund as proposed by the
Senate, instead of $500,000 as proposed by the House.

Office of Government Ethics

SALARIES AND EXPENSES

The conference agreement provides $13,664,000 for salaries
and expenses of the Office of Government Ethics as proposed
by the Senate, instead of $13,483,000 as proposed by the
House.

Office of Personnel Management

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The conference agreement provides $210,290,000 for salaries
and expenses as proposed by both the House and the Senate.
Within the amount provided, $99,774,000 is a direct
appropriation and $112,516,000 is a transfer from Office of
Personnel Management (OPM) trust funds.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The conference agreement provides $24,316,000 for salaries
and expenses of the Office of Inspector General as proposed
by the House and the Senate. Within the amount provided,
$3,142,000 is a direct appropriation and $21,174,000 is a
transfer from OPM trust funds.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS

The conference agreement provides such sums as necessary
for health benefits payments as proposed by the Senate. The
House proposed funding these mandatory costs in a general
provision.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE

The conference agreement provides such sums as necessary
for life insurance payments as proposed by the Senate. The
House proposed funding these mandatory costs in a general
provision.

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

The conference agreement provides such sums as necessary
for retirement and disability payments as proposed by the
Senate. The House proposed funding these mandatory costs in a
general provision.

Office of Special Counsel

SALARIES AND EXPENSES

The conference agreement includes $18,972,000 for the
salaries and expenses of the Office of Special Counsel as
proposed by the Senate, instead of $17,997,000 as proposed by
the House.

Postal Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $14,304,000 for the
salaries and expenses of the Postal Regulatory Commission as
proposed by the Senate, instead of $13,946,000 as proposed by
the House.

Privacy and Civil Liberties Oversight Board

Salaries and Expenses

The conference agreement provides $900,000 for the salaries
and expenses of the Privacy and Civil Liberties Oversight
Board (PCLOB) instead of $1,000,000 as proposed by the Senate
and no funding as proposed by the House. The conferees are
concerned that the Administration has not reconstituted the
PCLOB as required by law. Section 618 rescinds $998,000 of
prior year unobligated balances.

Recovery Accountability and Transparency Board

Salaries and Expenses

The conference agreement provides $28,350,000, to remain
available until September 30, 2013, for the salaries and
expenses of the Recovery Accountability and Transparency
Board, instead of $25,000,000 as proposed by the House and
$28,400,000 as proposed by the Senate. The conferees note
that funding provided for the Recovery Board may be used to
develop and test information technology to enhance
transparency and detect waste, fraud, and abuse in federal
spending. Within 90 days of enactment of this Act, the
conferees direct the Recovery Board to report to the
Committees on Appropriations on their plan for such
activities. The report shall include detailed descriptions
and planned spending.

Securities and Exchange Commission

Salaries and Expenses

The conference agreement provides $1,321,000,000 for the
Securities and Exchange Commission (SEC), instead of
$1,185,000,000 as proposed by the House and $1,407,483,130 as
proposed by the Senate. The conference agreement provides
that $1,321,000,000 be derived from offsetting collections
resulting in no net appropriation.
The conference agreement provides that the SEC Office of
Inspector General shall receive no less than $6,795,000 as
proposed by the Senate, instead of $6,790,000 as proposed by
the House.
The conferees do not adopt the Senate designation of
$483,130 specifically for the strengthening of the
acquisition workforce. However, while not designating
funding, the Committee remains concerned about the SEC's
acquisition processes and expects the SEC to dedicate
sufficient resources to strengthening the agency's capacity
and capabilities of the acquisition workforce.
The conferees remain seriously concerned with the SEC's
lack of judgment in its past leasing practices, most notably
the mismanagement of the agency's Constitution Center lease.
The conferees are unconvinced that the SEC's efforts to
reform their leasing practices have fully addressed the
problems. The agency's leasing and budgetary recording
practices over the last 20 years of independent leasing
authority have led the SEC to experience budget deficiencies.
The conferees consider this unacceptable and expect the SEC
to carefully evaluate all prospective leases and renewals of
existing leases going forward in relation to the budget
resources. The conferees are aware of the SEC's arrangement
with the General Services Administration, which the conferees
believe is a good first step. The conferees intend to closely
monitor how the SEC exercises its leasing authority to ensure
that the SEC has adequately reformed its leasing practices.
The conferees are also highly concerned about the
unauthorized destruction of documents by the SEC which
spanned a decade and remained ongoing even after the National
Archives and Records Administration asked for an explanation.
The preservation of agency documents is critical to the
record keeping of every agency and Federal rules have been
established in the interest of transparency and disclosure.
As the agency tasked with monitoring companies' disclosures,
this latest chapter of mismanagement at the SEC contravenes
the agency's own mission and distracts SEC management from
focusing on the critical work of protecting investors.
Due to the above concerns, the conferees direct the SEC to
provide the House and Senate Appropriations Committees with
corrective action reports, submitted to the SEC Inspector
General, related to lease agreements and document destruction
no later than 30 days after enactment of this Act.

Selective Service System

Salaries and Expenses

The conference agreement provides $23,984,000 for the
salaries and expenses of the Selective Service System as
proposed by the Senate, instead of $23,620,000 as proposed by
the House.

Small Business Administration

Salaries and Expenses

The conference agreement includes $417,348,000 for the
salaries and expenses account of the Small Business
Administration (SBA), instead of $422,296,000 as proposed by
the House and $404,202,000 as proposed by the Senate.
Of the amount provided under this heading, $245,000,000 is
for the operating expenses of the SBA and $172,348,000 is for
non-credit programs.
The conferees direct that no less than the following
amounts shall be dedicated to the following SBA non-credit
programs:

------------------------------------------------------------------------

------------------------------------------------------------------------
Veterans Programs....................................... $2,500,000
7(j) Technical Assistance Programs...................... 3,100,000
Small Business Development Centers...................... 112,500,000

[[Page H9517]]

SCORE................................................... 7,000,000
Women's Business Centers................................ 14,000,000
Women's Business Council................................ 998,000
Native American Outreach................................ 1,250,000
Microloan Technical Assistance.......................... 20,000,000
PRIME................................................... 3,500,000
HUBZone................................................. 2,500,000
Entrepreneurial Development Initiative (Clusters)....... 5,000,000
Total, non-credit programs.......................... 172,348,000
------------------------------------------------------------------------

The conferees direct that the SBA shall not reduce these
non-credit programs from the amounts specified above and the
SBA shall not merge any of the non-credit programs without
advance written approval from the Committees on
Appropriations.
Although set aside funding for the Emerging Leaders program
is not specified, the conferees note that in prior years SBA
derived funds for the Emerging Leaders program from base
resources in the Salaries and Expenses account.
The conferees adopt Senate report language regarding
veterans' business outreach centers.

Office of Inspector General

The conference agreement provides $16,267,000 for the
Office of Inspector General of the Small Business
Administration as proposed by the House instead of
$16,267,400 as proposed by the Senate.

Office of Advocacy

The conference agreement provides $9,120,000 for this
account as proposed by the House and the Senate.

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $358,736,000 for the
Business Loans Program Account, instead of $363,323,000 as
proposed the House and $358,498,000 as proposed by the
Senate. Of the amount provided, $3,678,000 is for the cost of
direct loans in the microloan program, $207,100,000 is for
the cost of guaranteed loans, and $147,958,000 is for
administrative expenses to carry out the direct and
guaranteed loan programs and may be transferred to and merged
with Salaries and Expenses.

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes $117,300,000 for the
administrative costs of the Disaster Loans Program Account,
instead of $167,300,000 as proposed by both the House and the
Senate.

ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes the following
administrative provisions for the Small Business
Administration.
Section 530 concerns transfer authority and availability of
funds.
Section 531 extends, for businesses that can obtain credit
elsewhere, the length of time for repaying a disaster loan
from three years to seven years.
Section 532 details the information to be provided in the
SBA's annual budget request.

United States Postal Service

PAYMENT TO THE POSTAL SERVICE FUND

The conference agreement provides $78,153,000 for a payment
to the Postal Service Fund as proposed by the House and the
Senate. This is an advance appropriation for fiscal year 2013
to continue free mail for the blind and overseas voting.

Office of Inspector General

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides up to $241,468,000 for
the Office of Inspector General as proposed by the Senate,
instead of $237,810,000 as proposed by the House.

United States Tax Court

SALARIES AND EXPENSES

The conference agreement provides $51,079,000 for salaries
and expenses of the United States Tax Court, instead of
$50,689,000 as proposed by the House and $51,469,000 as
proposed by the Senate.

TITLE VI

GENERAL PROVISIONS--THIS ACT

(INCLUDING RECISSIONS)

The conferees agree to the following provisions:
Section 601 prohibits paying expenses or otherwise
compensating non-Federal parties in regulatory or
adjudicatory proceedings funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and transfers of funds unless expressly so provided
herein.
Section 603 limits consulting service expenditures to
contracts where such expenditures are a matter of public
record, with exceptions.
Section 604 prohibits funds from being transferred to any
department, agency, or instrumentality of the United States
without express authority provided in this or any other
appropriations Act.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the 1930 Tariff Act.
Section 606 prohibits funds from being expended unless the
recipient agrees to comply with the Buy American Act.
Section 607 prohibits funding to a person or entity
convicted of violating the Buy American Act.
Section 608 provides reprogramming authority and requires
agencies to submit financial plans to the House and Senate
Appropriations Committees.
Section 609 provides that not to exceed 50 percent of
unobligated balances from salaries and expenses may remain
available for certain purposes.
Section 610 prohibits funds for the Executive Office of the
President to request any official background investigation
from the Federal Bureau of Investigation unless the person
has given consent or there are national security
circumstances.
Section 611 requires that cost accounting standards not
apply to a contract under the Federal Employees Health
Benefits Program.
Section 612 permits the Office of Personnel Management to
accept funds regarding the nonforeign area cost of living
allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits
Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result
of an act of rape or incest.
Section 615 waives restrictions on the purchase of non-
domestic articles, materials, and supplies for information
technology acquired by the Federal Government.
Section 616 prohibits the acceptance by any regulatory
agency or commission funded by this Act, or by their officers
or employees, of payment or reimbursement for travel,
subsistence, or related expenses from any person or entity
(or their representative) that engages in activities
regulated by such agency or commission.
Section 617 provides authority for the Public Company
Accounting Oversight Board to obligate funds for a
scholarship program.
Section 618 rescinds $998,000 in unobligated balances for
the Privacy and Civil Liberties Oversight Board. The
conferees note the Board has yet to be established.
Section 619 requires the President to transmit proposed
deficiency and supplemental appropriations requests to
Congress on behalf of the judicial and legislative branches
as is presently done for the executive branch.
Section 620 permits the SEC and CFTC to fund a joint
advisory committee to advise on emerging regulatory issues,
notwithstanding section 708 of this Act.
Section 621 includes language regarding the Abraham Lincoln
Commemorative Coin Act.
Section 622 allows the publication in the Federal Register
of a reference to the Help America Vote Act State plans,
rather than publication of the complete State plans.
Section 623 rescinds $25,000,000 from the Securities and
Exchange Commission Reserve Fund established by the Dodd-
Frank Wall Street Reform and Consumer Protection Act.
Section 624 requires certain agencies to provide quarterly
reports on unobligated prior year balances.
Section 625 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 626 prohibits funds for the FTC to complete the
draft report on food marketed to children unless certain
requirements are met.
Section 627 prohibits funds for certain positions.
Section 628 provides that no FCC funds may be used, or
otherwise permitted, for certain commercial terrestrial
operations.
Section 629 prohibits funding for hiring new Federal
employees that are not verified through the E-Verify Program.
Section 630 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless the agency has
considered suspension or debarment of the corporation and
made a determination that further action is not necessary to
protect the interests of the Government.
Section 631 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless the agency has considered suspension or
debarment of the corporation and made a determination that
further action is not necessary to protect the interests of
the Government.
Section 632 delays a statutory requirement for the United
States Postal Services to make a payment to the Postal
Service Retiree Health Benefit Fund until August 1, 2012.

TITLE VII

GENERAL PROVISIONS--GOVERNMENT-WIDE

Departments, Agencies, and Corporations

The conferees agree to the following provisions:
Section 701 requires all agencies have a written policy for
ensuring a drug-free workplace.
Section 702 sets specific limits on the cost of passenger
vehicles with exceptions for police, heavy duty, electric
hybrid and clean fuels vehicles.
Section 703 makes appropriations available for quarters/
cost-of-living allowances.
Section 704 prohibits the use of appropriated funds to
compensate officers or employees of the Federal government in
the continental United States unless they are citizens of the
United States or qualify under other specified exceptions.
Section 705 ensures that appropriations made available to
any department or agency for space, services and rental
charges shall also be available for payment to the General
Services Administration.
Section 706 allows the use of receipts from the sale of
materials for acquisition, waste

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reduction and prevention, environmental management programs
and other Federal employee programs as appropriate.
Section 707 allows funds for administrative expenses of
government corporations and certain agencies to also be
available for rent in the District of Columbia, services
under 5 U.S.C. 3109, and the objects specified under this
head.
Section 708 prohibits funds for interagency financing of
boards (with exception), commissions, councils, committees or
similar groups to receive multi-agency funding without prior
statutory approval.
Section 709 precludes funds for regulations which have been
disapproved by joint resolution.
Section 710 limits the amount of funds that can be used for
redecoration of offices under certain circumstances to
$5,000, unless advance notice is transmitted to the House and
Senate Committees on Appropriations.
Section 711 allows for interagency funding of national
security and emergency preparedness telecommunications
initiatives.
Section 712 requires agencies to certify that a Schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the salary payment of any employee
who prohibits, threatens, prevents or otherwise penalizes
another employee from communicating with Congress.
Section 714 prohibits Federal employee training not
directly related to the performance of official duties.
Section 715 prevents funds from being used to implement or
enforce non-disclosure agreement policies unless certain
provisions are included, updates the Executive Order and
other citations and makes provisions for nondisclosure
agreements entered into before the effective date of any
updated statutes of governance.
Section 716 prohibits executive branch agencies from using
funds for propaganda or publicity purposes in support or
defeat of legislative initiatives.
Section 717 prohibits any Federal agency from disclosing an
employee's home address to any labor organization, absent
employee authorization or court order.
Section 718 prohibits funds to be used to provide non-
public information such as mailing or telephone lists to any
person or organization outside the government without the
approval of the House and Senate Committees on
Appropriations.
Section 719 prohibits the use of funds for propaganda and
publicity purposes not authorized by Congress.
Section 720 directs agency employees to use official time
in an honest effort to perform official duties.
Section 721 authorizes the use of funds to finance an
appropriate share of the Federal Accounting Standards
Advisory Board administrative costs.
Section 722 authorizes the transfer of funds to the General
Services Administration to finance an appropriate share of
various government-wide boards and councils under certain
conditions.
Section 723 permits breastfeeding in a Federal building or
on Federal property if the woman and child are authorized to
be there.
Section 724 permits interagency funding of the National
Science and Technology Council and requires the Office of
Management and Budget to provide a report to the House and
Senate on the budget and resources of the National Science
and Technology Council.
Section 725 requires that the Federal forms that are used
in distributing Federal funds to a State must indicate the
agency providing the funds, the Federal Domestic Assistance
Number, and the amount provided.
Section 726 prohibits the use of funds to monitor personal
information relating to the use of Federal Internet sites to
collect, review, or create any aggregate list that includes
personally identifiable information relating to access to or
use of any Federal Internet site of such agency.
Section 727 requires health plans participating in the
Federal Employees Health Benefits Program to provide
contraceptive coverage and provides exemptions to certain
religious plans.
Section 728 recognizes the United States is committed to
ensuring the health of the Olympic, Pan American and
Paralympic athletes, and supports the strict adherence to
antidoping in sport activities.
Section 729 allows funds for official travel to be used by
departments and agencies, if consistent with OMB and Budget
Circular A-126, to participate in the fractional aircraft
ownership pilot program.
Section 730 prohibits funds for implementation of the
Office of Personnel Management regulations limiting detailees
to the Legislative Branch or implementing limitations on the
Coast Guard Congressional Fellowship Program.
Section 731 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Center.
Section 732 prohibits funds for E-Government initiatives
sponsored by the Office of Management and Budget prior to 15
days following submission of a report to the House and Senate
Committees on Appropriations and receipt of the Committees'
approval to transfer funds. The section also prohibits funds
for new E-Government initiatives without the explicit
approval of the Committees.
Section 733 prohibits funds to begin or announce a study or
public-private competition regarding conversion to contractor
performance pursuant to OMB Circular A-76.
Section 734 prohibits executive branch agencies from
creating prepackaged news stories that are broadcast or
distributed in the United States unless the story includes a
clear notification within the text or audio of that news
story that the prepackaged news story was prepared or funded
by that executive branch agency.
Section 735 prohibits funds from being used in
contravention of the Privacy Act or associated regulations.
Section 736 requires agencies to evaluate the
creditworthiness of an individual before issuing a government
travel charge card and prohibits agencies from issuing a
government travel charge card to individuals who have an
unsatisfactory credit history.
Section 737 requires the Office of Management and Budget to
submit a crosscut budget report on Great Lakes restoration
activities not later than 45 days after the submission of the
budget of the President to Congress.
Section 738 prohibits funds in this or any other Act to be
used for Federal contracts with inverted domestic
corporations, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national
security.
Section 739 prohibits agencies from using funds to
implement regulations changing the competitive areas under
reductions-in-force for Federal employees.
Section 740 makes changes to Section 743 of the
Consolidated Appropriations Act of 2010 (Public Law 111-117)
to require reporting on task orders.
Section 741 requires agencies to pay a fee to the Office of
Personnel Management for processing retirements of employees
who separate under Voluntary Early Retirement Authority or
who receive Voluntary Separation Incentive payments.
Section 742 declares references to ``this Act'' contained
in any title other than title IV or VIII shall not apply to
such titles IV or VIII.
Section 743 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 744 provides transfer authority for amounts made
available to the Commodity Futures Trading Commission for
information technology investments under Public Law 112-55.

TITLE VIII

GENERAL PROVISIONS--DISTRICT OF COLUMBIA

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to the following general provisions for
the District of Columbia:
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action which seeks to require voting rights
for the District of Columbia in Congress.
Section 807 Needles--prohibits the use of Federal funds in
this Act to distribute, for the purpose of preventing the
spread of blood borne pathogens, sterile needles or syringes
in any location that has been determined by local public
health officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 modifies and makes permanent a provision that
requires the Mayor of the District of Columbia to submit
annual reports on various indicators pertaining to the
District of Columbia as proposed by the Senate.
Section 810 prohibits the use of Federal funds to legalize
or reduce penalties associated with the possession, use or
distribution of any schedule I substance under the Controlled
Substances Act or any tetrahydrocannabinols derivative.
Section 811 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary to save the
life of the mother.
Section 812 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation in order to address unanticipated program needs.
Section 813 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, that
aligns school budgets to actual enrollment.
Section 814 authorizes the transfer of local funds to
capital and enterprise funds.
Section 815 permits the District of Columbia Public
Defender Service to purchase professional liability insurance
for its attorneys, staff and board members as proposed by the
Senate.
Section 816 modifies the frequency of management
evaluations by the Government Accountability Office of the
District of Columbia's chartering authority for public
charter schools as proposed by the Senate.
Section 817 specifies that references to this Act in this
title or title IV are treated as referring only to the
provisions of this title and title IV.

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

The following is an explanation of the effects of Division
D, which makes appropriations for the Department of Homeland
Security for fiscal year 2012. Unless otherwise noted,
reference to the House and Senate reports are to House Report
112-91 and Senate Report 112-74, respectively. The language
and allocations contained in House Report 112-91 and Senate
Report 112-74 should be complied with and carry the same
emphasis as the language included in the explanatory
statement, unless specifically addressed to the contrary in
the conference report or this explanatory statement. While
repeating some report language for emphasis, this explanatory
statement does not intend to negate the language referred to
above unless expressly provided herein. When this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House Subcommittee on Homeland Security and the Senate
Subcommittee on the Department of Homeland Security. In cases
where the explanatory statement directs the submission of a
report, such report shall be provided to the Committees on
Appropriations by February 15, 2012, unless otherwise
directed. In cases where the explanatory statement directs a
briefing, such briefing shall be provided to the Committees
by February 15, 2012, unless otherwise directed.
This explanatory statement refers to the following laws and
organizations as follows: Implementing Recommendations of the
9/11 Commission Act of 2007, Public Law 110-53, is referenced
as the 9/11 Act; Robert T. Stafford Disaster Relief and
Emergency Assistance Act, Public Law 93-288 is referenced as
the Stafford Act; Budget Control Act of 2011, Public Law 112-
25, is referenced as the Budget Control Act (BCA); the
Department of Homeland Security is referenced as DHS or the
Department; the Government Accountability Office is
referenced as GAO; and the Office of Inspector General of the
Department of Homeland Security is referenced as OIG. In
addition, any reference to ``full-time equivalents'' shall be
referred to as FTE; any reference to ``program, project, and
activity'' shall be referred to as PPA; and any reference to
the Secretary shall be interpreted to mean the Secretary of
Homeland Security.

Classified Programs

Recommended adjustments to classified programs are
addressed in a classified annex accompanying this explanatory
statement.

TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

A total of $133,159,000 is provided for ``Office of the
Secretary and Executive Management.'' Not to exceed $51,000
of this funding shall be for official reception and
representation expenses, including $17,000 for the Office of
Policy to support Visa Waiver Program negotiations in
Washington, DC, and for other international activities. This
Act also includes a provision requiring that funds made
available for ``Immediate Office of the Secretary'' and
``Immediate Office of the Deputy Secretary'' shall be used to
pay costs associated with use of government aircraft by DHS
personnel in support of official travel of the Secretary and
Deputy Secretary.
The amount provided for this appropriation by PPA is as
follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
Immediate Office of the Secretary...................... $5,000,000
Immediate Office of the Deputy Secretary............... 1,918,000
Office of the Chief of Staff........................... 2,300,000
Office of Counternarcotics Enforcement................. 1,800,000
Executive Secretary.................................... 8,100,000
Office of Policy....................................... 40,000,000
Office of Public Affairs............................... 5,800,000
Office of Legislative Affairs.......................... 6,000,000
Office of Intergovernmental Affairs.................... 2,650,000
Office of General Counsel.............................. 22,400,000
Office for Civil Rights and Civil Liberties............ 22,500,000
Citizenship and Immigration Services Ombudsman......... 6,200,000
Privacy Officer........................................ 8,491,000

Total, Office of the Secretary and Executive 133,159,000
Management........................................
------------------------------------------------------------------------

Biometric Exit

Congress has long sought the Department's determination on
the path forward for implementing biometric exit, and the
conferees have asked for a detailed plan to include costs. On
October 17, 2011, the Secretary sent a letter to the chairmen
and ranking members of relevant appropriations and
authorization committees outlining general concerns about
implementation, particularly the cost of such an undertaking,
and proposing legislative changes to existing law. While the
Secretary states, ``DHS remains committed to introducing a
biometric component to the exit process'', the letter does
not constitute a detailed plan for implementation. Therefore,
statutory language is included in this Act withholding funds
from the Office of the Secretary until the plan is submitted,
to include identifying associated costs.

Office of Counternarcotics Enforcement

A total of $1,800,000 is provided for ``Office of
Counternarcotics Enforcement'' (CNE), which is available
until March 30, 2012, to continue CNE operations while the
Department conducts an orderly termination of the Office.
This funding may be transferred to the Office of Policy,
which is expected to assume policy development and
coordination responsibilities currently assigned to CNE, and
any such funds transferred will be available until September
30, 2012. The Assistant Secretary for Policy shall provide,
as part of the requirement for an expenditure plan for the
Office of Policy, a detailed description of any such
transfers.
The termination of CNE reflects the need to streamline
Executive Branch efforts to carry out the counternarcotics
enforcement mission. Allowing the funds to be transferred to
the Office of Policy will ensure the Department can integrate
the existing CNE policy planning and coordination activities
within the broader Department enforcement and security
missions and make optimum use of the existing planning and
operations elements of its key law enforcement agencies. It
will also enable the Department, through the Office of
Policy, to coordinate DHS policy and programs that are
carried out with the Office of National Drug Control Policy
and other Federal, State, local, and international government
partners. As CNE will be terminated, the GAO is neither
required to submit an assessment of progress in implementing
OIG recommendations concerning CNE, nor to assess DHS
counternarcotics coordination, as required in the House
report.

Expenditure Plans

The Department shall prepare expenditure plans for fiscal
year 2012 for the agencies funded under this appropriation as
specified in the Senate report, with the exception of CNE
which is being terminated. The plans shall be submitted to
the Committees no later than March 30, 2012. The plan for the
Office of Policy shall list planned projects for each sub-
office within the Office of Policy, with their associated
funding and staffing requirements. In addition, should the
funds made available for either counternarcotics or risk
management and analysis functions be transferred to the
Office of Policy, as permitted by this Act, those resources
should be delineated in the manner specified for each sub-
office in the expenditure plan, including missions, planned
expenditures, and activities. In addition to expenditure
plans described above, the Act requires additional fiscal
year 2012 expenditure plans, including a plan for TSA
passenger screening and checked baggage technology programs,
the Office of Infrastructure Protection and the National
Cyber Security Division, the Office of Health Affairs, and
the Federal Emergency Management Agency.
The Department has failed to deliver a number of
statutorily required fiscal year 2011 expenditure plans, or
has delivered them unacceptably late. The Department is
expected to comply with Congressional direction and
demonstrate the priority it places on these programs and
submit required expenditure plans as directed and in
accordance with the specified deadlines. The Department
should already have these expenditure plans as part of its
routine management activities; therefore, it is notable, and
entirely inexcusable, that the Department did not, for
example, submit fiscal year 2011 expenditure plans for the
Office of Policy or US-VISIT--and it is well past the end of
the fiscal year.

Quarterly Reports

The Department is directed to continue submitting the
quarterly Secure Border Initiative (SBI) reports, now to be
called the Border Security Status Report. The new reports
shall continue to include all performance metrics and
resource data from past reports in their current format, with
the exception that they no longer should include resource
data on SBI total budget obligations and outlays and budget
execution reports. That information already is contained in
the annual Border Security Fencing, Infrastructure, and
Technology expenditure plan. Additionally, the Department
shall include the following in the report: (a) estimates of
the impact of programs (such as Operation Streamline) that
are intended to reduce the rate of recidivism of illegal
border crossers; (b) for ports of entry, the maritime domain,
and between the ports of entry: (1) estimates of total
attempted border crossings; (2) the rate of apprehension of
attempted border crossings; and (3) the inflow into the
United States of illegal entrants that evade apprehension;
and (c) data on the subsequent enforcement actions associated
with Customs and Border Protection (CBP) apprehensions, such
as voluntary return, expedited removal, transfer to
Immigration and Customs Enforcement (ICE) custody, transfer
for criminal prosecution, Mexican Interior Repatriation
Program, and other categories necessary to provide an
accurate accounting of such actions.
The Department is directed to submit quarterly reports on
operations in a timely manner, including the overdue SBI
Quarterly Status reports, the new Border Security Status
Reports, the Secure Communities Quarterly Reports, and the
Detention and Removal Operations Quarterly Reports. These
reports present critical operational statistics, readily
available to the Department, which are necessary for
appropriate oversight. However, in many instances, the
Department has failed to provide these reports in accordance
with specified deadlines, with submissions being so late that
these reports

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limit the Committees' ability to ensure timely oversight.

Working Capital Fund

The Department shall include a separate justification in
its fiscal year 2013 budget request for the Working Capital
Fund (WCF), as specified in the House report. This
justification shall identify and explain cross-cutting
initiatives or activities that benefit multiple organizations
and are not included in the WCF. The Department shall notify
the Committees promptly of any changes made to the WCF during
the fiscal year and should not use the WCF to support
activities for which funding requests were previously
disapproved by the Committees.

Official Reception and Representation Allowances

The Department is directed to submit quarterly reports to
the Committees listing obligations for all DHS Reception and
Representation Expenses by purpose and dollar amount, at a
level of detail provided in fiscal year 2011, or in greater
detail if that is required to explain how funds were used.
The Department shall review the level of reception and
representation allowances for its agencies and components to
assure they align with missions and responsibilities and
submit any proposed changes as part of the fiscal year 2013
budget request.

Coordination of Federal Chemical Security Efforts

The Department is expected to execute a Memorandum of
Agreement between the National Protection and Programs
Directorate and the Coast Guard regarding harmonization of
chemical security responsibilities established by Chemical
Facilities Anti-Terrorism Standards regulations and Maritime
Transportation Security Act regulatory programs no later than
March 30, 2012. The Deputy Secretary is directed to submit
reports on chemical security efforts to the Committees on
Appropriations as directed in the Senate report. However, the
reports shall be submitted on a semi-annual basis instead of
quarterly with the first report due no later than March 30,
2012.

Federally Funded Research and Development Centers

The Department is directed to report semi-annually to the
Committees on Appropriations on projects tasked to Federally
Funded Research and Development Centers as directed in the
Senate report and to immediately submit reports for fiscal
years 2010 and 2011, which are unacceptably late.

Cybersecurity

Both the Department of Homeland Security and the National
Guard have capabilities, in conjunction with the private
sector, to respond to issues related to cybersecurity. In an
effort to improve coordination between the Federal government
and the private sector and to exploit and enhance the
capabilities of both sectors, the conferees direct the Deputy
Secretary of DHS, jointly with the Deputy Secretary of
Defense, to submit a report to the Committees no later than
May 1, 2012, regarding the capabilities for a coordinated
response to a cyber attack. The report shall evaluate the
costs and benefits of deploying the National Guard, or other
equivalent civilian teams, to supplement current abilities to
prevent and recover from a cyber attack. The report shall
also include: a description of current activities of both DHS
and the National Guard related to the deployment of teams to
help prevent or recover from a cyber attack; the authorities
of each Department, including the boundaries of such
authorities and statutory changes that may be necessary to
use joint authorities in a domestic response; a description
of training and education efforts; and a discussion of how
critical relationships can be established across the agencies
to fulfill cybersecurity responsibilities.

Freedom of Information Act

The Privacy Officer is directed to report to the Committees
on Appropriations no later than 30 days after the date of
enactment of this Act on measures put in place to implement
the OIG's recommendations to fix problems identified with the
Department's Freedom of Information (FOIA) activities (OIG-
11-67), including whether and how recent adjustments to DHS
FOIA policies and procedures have improved the processing of
inquiries, such as decreasing wait times for approval of
significant requests.

Departmental Integrity Efforts

Since Congress initiated significant increases in funding
for border security and immigration enforcement in 2005, CBP
has hired more than 19,176 new employees, a 46 percent
increase, and ICE has hired over 4,747 new personnel, a 31
percent increase. Since 2007, in an effort to reduce the
potential for increased corruption, the Congress has provided
over $11,000,000 more than Presidents have requested for
program integrity efforts. It is expected that the President
will join Congress in the effort to get ahead of this problem
by including increased resources in the fiscal year 2013
budget request.

Office of the Under Secretary for Management

A total of $235,587,000 is provided for ``Office of the
Under Secretary for Management,'' of which not to exceed
$2,500 shall be for official reception and representation
expenses. Within this amount, $5,000,000 shall be available
until September 30, 2016, solely for costs of facilities
alteration and improvement, tenant improvements, and
relocations to consolidate DHS headquarters operations at the
Nebraska Avenue Complex.
Pursuant to section 560, a total of $55,979,000 is provided
for ``Office of the Under Secretary for Management'' for
costs associated with headquarters consolidation and mission
support consolidation. These funds shall be prioritized
towards the completion of phase I of the headquarters
consolidation project at the St. Elizabeths site in order to
avoid further increases to cost and schedule. The Under
Secretary shall submit an expenditure plan no later than 90
days after the date of enactment of this Act detailing how
these funds will be allocated, including a revised schedule
and cost estimates for headquarters consolidation. Quarterly
briefings are required on headquarters and mission support
consolidation activities, including any deviation from the
expenditure plan.
The amount provided for this appropriation by PPA is as
follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management. $2,550,000
Office of Security..................................... 70,000,000
Office of the Chief Procurement Officer................ 78,000,000
Office of the Chief Human Capital Officer:
Salaries and Expenses.............................. 25,165,000
Human Resources Information Technology............. 14,172,000
----------------
Subtotal....................................... 39,337,000
Office of Chief Administrative Officer:
Salaries and Expenses.............................. 40,700,000
Nebraska Avenue Complex............................ 5,000,000
----------------
Subtotal....................................... 45,700,000
----------------
Total, Office of the Under Secretary for 235,587,000
Management................................
------------------------------------------------------------------------

Polar Icebreaker Program

None of the requested funding is provided for a new study
of the need for Coast Guard icebreakers. Given the findings
of previous reports and analyses of this issue, the
Department is urged to develop a concept of operations and
resource plan to meet national icebreaking needs, including
leveraging expertise within the Coast Guard and Science and
Technology Directorate. The Under Secretary shall brief the
Committees on the status of this plan no later than 90 days
after the date of enactment of this Act.

Comprehensive and Quarterly Acquisition Status Reports

Senate Report 111-31 directed the submission of quarterly
acquisition reports for major acquisitions. The quarterly
reports for fiscal year 2010 were not submitted to Congress
at the end of each quarter as directed, but instead all four
quarterly reports were combined into one report and submitted
on April 12, 2011--over six months after the end of fiscal
year 2010. This lack of responsiveness is unacceptable,
especially since the information requested is already
required by the Department as part of its own acquisition
oversight process.
In order to obtain the information necessary for in-depth
congressional oversight, statutory language is included in
this Act under ``Office of the Under Secretary for
Management'' that requires a Comprehensive Acquisition Status
Report to be included as part of the submission of the
President's fiscal year 2013 budget, with quarterly updates
to be submitted 30 days after the completion of each quarter.
The requirements for both reports are addressed below.
The Comprehensive Acquisition Status Report shall include
programs identified for Major Acquisition Oversight as
defined in the Department memorandum titled ``Department of
Homeland Security Major Acquisition Oversight List'' dated
January 25, 2011, and programs that have been classified for
major acquisition oversight subsequent to the referenced
memorandum.
The Comprehensive Acquisition Status Report shall include
for each major acquisition:
1. A narrative description to include current gaps and
shortfalls, the capabilities to be fielded, and the number of
planned increments and/or units;
2. Acquisition Review Board (or other board designated to
review the acquisition) status of each acquisition, including
the current acquisition phase, the date of the last review
and a listing of the required documents that have been
reviewed with the dates reviewed and/or approved;
3. The most current approved Acquisition Program Baseline
(to include project schedules and events);
4. A comparison of the original Acquisition Program
Baseline, the current Acquisition Program Baseline, and the
current estimate;
5. Whether or not an Independent Verification and
Validation has been implemented, with an explanation for the
decision and a summary of any findings;
6. A rating of cost risk, schedule risk, and technical risk
associated with the program (including narrative descriptions
and mitigation actions);
7. Contract status (to include earned value management data
as applicable);
8. A life-cycle cost of the acquisition, and time basis for
the estimate;
9. A planned procurement schedule, including the best
estimate of the annual cost and increments/units to be
procured annually until procurement is complete;

[[Page H9536]]

10. A table delineated by appropriation that provides (for
prior years; past year; current year; budget year; budget
year plus one; budget year plus two; budget year plus three;
budget year plus four and beyond; and total cost) the actual
or estimated appropriations, obligations, unobligated
authority, and planned expenditures;
11. The reason for any significant changes (from the
previous comprehensive report) in acquisition quantity, cost,
or schedule;
12. Key Events/Milestones from the prior fiscal year; and
13. Key Events/Milestones for the current fiscal year.
Quarterly reports shall include:
1. An updated status report on any major acquisition for
which there has been an approved or a new acquisition program
baseline, a new acquisition decision memorandum, or where
there has been significant deviation from the prior report
with respect to acquisition cost, quantity, or schedule (a
significant change is any deviation in cost or quantity that
exceeds eight percent or any change in schedule that exceeds
six months).
2. A table depicting the title of the program, quantity and
cost based on the original Acquisition Program Baseline,
quantity and cost based on the most current acquisition
program baseline, the quantity and cost of the most current
estimate, and the explanation for any change in quantity and
cost from prior reports.
3. If applicable, a copy of the acquisition decision
memorandum, together with a copy of the Letter of Assessment
signed by the Director of Testing and Evaluation.
The requirements described under this heading shall replace
those included in Senate Reports 111-31 and 112-74.

Office of the Chief Procurement Officer

A total of $78,000,000 is provided for ``Office of the
Chief Procurement Officer'' (OCPO), including an increase of
$3,403,000 to enhance DHS acquisition capabilities.
OCPO shall brief the Committees no later than February 15,
2012, on its acquisition workforce initiative, as directed in
the House and Senate reports, including: a baseline analysis
of its workforce and requirements used in defining the gaps
in DHS acquisition capacity and determining the skill sets
and positions needed to fill those gaps; risks of not filling
needed positions; and the long-term strategy to close
competency gaps. In cases where component requests for the
Federal Acquisition Workforce Initiative were not funded at
the requested amount, components should use existing
appropriations and fee authority to hire and train highly
qualified acquisition personnel for which there are clearly
defined requirements.

Office of the Chief Human Capital Officer

A total of $39,337,000 is provided for ``Office of the
Chief Human Capital Officer'' (OCHCO), including an increase
of $688,000 for salaries and expenses to enhance the Balanced
Workforce Program Office, workforce training, and leadership
development. A total of $14,172,000 is included for the Human
Resources Information Technology program.

Secretary's Efficiency Review and the Balanced Workforce Initiative

The Under Secretary for Management and the Chief Human
Capital Officer are directed to brief the Committees on
Appropriations no later than February 15, 2012, on the
results of the Secretary's Efficiency Review and the ongoing
Balanced Workforce Initiative. The briefing should cover, by
priority, efficiencies identified through the Review and
progress in implementing them; components and specific
procurements where additional oversight personnel are
required and where they are being or are planned to be
deployed; and how reforms in headquarters structure and
function are improving support and management for Department
field operations. The briefing should cover the status of the
ongoing Balanced Workforce Initiative; provide the most
current list of positions DHS plans to convert from
contractor to Federal positions, and progress against that
list; and discuss estimated savings from that effort and the
methodology used to calculate those savings.
The Department is directed to arrange for an independent
evaluation of its efficiency review and provide the results
to the Committees on Appropriations no later than 30 days
after its completion.

Office of the Chief Financial Officer

A total of $50,860,000 is provided for ``Office of the
Chief Financial Officer.'' The amount provided includes a
decrease from the budget request of $11,000,000 for the
Transformation and Systems Consolidation (TASC) project due
to the Department's decision to cancel acquisition plans for
TASC.

Annual Budget Justifications

Both Senate and House reports call for improvements in the
content, detail, and format of annual Congressional Budget
Justifications submitted by the Department and its
components. It is essential to the work of Congress that such
information be timely, accurate, concise, and organized in
such a way that facilitates the comparison of current with
proposed appropriations for programs, projects, and
activities. Developing comprehensive and clear justifications
not only disciplines the planning and resource allocation
process but could also reduce the need for ancillary budget
explanations and program and project expenditure plans and
the associated withholding of funding necessitated by the
Department's failure to submit these in a complete or timely
manner.
Current budget presentation materials, while lengthy and
containing a wide range of program data, do not uniformly
provide the information the Committees need to assess the
impact of the funding being proposed, how it compares to
prior year actual appropriations and funded FTE levels, or to
evaluate activities proposed to be continued, terminated, or
initiated. Terminology is sometimes ambiguous, or used
inconsistently, including terms such as interagency transfers
or ``transfers'' between PPAs; adjustments to base;
``authorized'' rather than ``funded'' position and FTE
levels; or unspecified references to ``technical
adjustments'' or ``administrative savings.''
Current services descriptions of agency activity and
accomplishments, while providing a context for agency
operations and budgets, should be consolidated and presented
separately from the core justification for appropriations.
To address the concerns described above, the Chief
Financial Officer is directed to ensure that fiscal year 2013
budget justifications for classified and unclassified budgets
of all Department components are submitted on February 6,
2012, concurrent with the President's budget submission to
Congress. The justifications shall include:
1. Detailed data and explanatory descriptions for each
appropriations request, and for each PPA reflected in the
table accompanying this statement, including offices that
have been identified as PPAs. Information regarding actual
and planned accomplishments should be in quantifiable terms
and demonstrate a direct relationship to funding;
2. Tables that reflect actual and estimated funding by PPA
for fiscal years 2011 and 2012; identify each increase,
decrease, transfer, and staffing change proposed in fiscal
year 2013; and explain such year-to-year changes in terms
that are clear and unambiguous, and exclude nonspecific terms
such as ``technical adjustment'' or ``administrative
savings'' unless accompanied by a detailed explanation. To
establish a common baseline reference, the fiscal year 2012
discretionary data shall tie to the fiscal year 2012
discretionary total in the table accompanying this statement
or have a table identifying each change. Explanations of
adjustments to base funding, whether increases or decreases,
should be specific, and programmatic changes and initiatives
should be clearly identified and justified;
3. For each PPA that is comprised of acquisition and
procurement activity, the justification should address all
proposed spending using a zero-based budget description;
4. Information by appropriations account and PPA on all
reimbursable agreements and significant uses of the Economy
Act for each fiscal year;
5. A detailed table identifying the last year that
authorizing legislation was enacted into law for each PPA,
including the amount of the authorization and the
appropriation in the last year of authorization;
6. The text and citation of all Department appropriations
provisions enacted to date that are permanent law;
7. Explanations and justifications for all proposed
legislative language changes, whether they are new or amend
existing law, whether they are substantive or technical in
nature, with an annotated comparison of proposed versus
existing language; and
8. A report on the status of overdue Committee reports,
plans, and briefings for each of fiscal years 2011 and 2012.
Consistent with section 874 of Public Law 107-296, the
Department shall submit a Future Years Homeland Security
Program budget as part of the fiscal year 2013 budget
justification, reflecting anticipated spending for fiscal
years 2013-2017. It shall be in unclassified form so as to be
accessible to the general public.

Financial Management Improvement

The Office of the Chief Financial Officer is directed to
keep the Committees fully informed on financial management
improvement plans for the Department, as required in the
House and Senate reports, including any centralized or
decentralized solutions that would fulfill the objectives
originally set for the TASC project and any plans for
integrating the Department's remaining management systems for
acquisitions and assets. Balances remain available for TASC
from prior-year appropriations, which may be obligated for
TASC closeout costs or obligated for additional financial
management plans in fiscal year 2012 if a new strategy is
approved by the DHS Acquisition Review Board and if the
Department completes an independent evaluation to validate
that strategy prior to obligation of any of these funds. In
order to maintain other Department-wide management
initiatives, $5,000,000 is rescinded from unobligated
balances related to this effort. This rescission is from
funds appropriated in fiscal years 2005 and 2006.

Nuclear Detection Technology Acquisition

The Office of Program Analysis and Evaluation is directed
to undertake an evaluation of the Department's current
approach to acquisition of technology and systems for its
nuclear detection mission, which is presently conducted
through the Domestic Nuclear Detection Office, and an
analysis of alternative approaches, including assigning
acquisition responsibilities and resources to component
agencies that own and operate the technology. The evaluation
shall include a cost-benefit analysis of the relevant
options. The

[[Page H9537]]

results of this review shall be submitted to the Committees
no later than 120 days after the date of enactment of this
Act.

User Fees

The Department is directed to continue submitting user fee
collections and balances on a semi-annual basis rather than
quarterly, including steps taken to mitigate any shortfalls
in collections.

Office of the Chief Information Officer

A total of $257,300,000 is provided for ``Office of the
Chief Information Officer.''
The amount provided for this appropriation by PPA is as
follows:
Salaries and Expenses......................................$105,500,000
Information Technology Services..............................38,800,000
Infrastructure and Security Activities.......................69,000,000
Homeland Secure Data Network.................................44,000,000
________________

Total, Office of the Chief Information Officer...........$257,300,000

Salaries and Expenses

A total of $105,500,000 is provided for ``Salaries and
Expenses.'' Within the funding provided for this
appropriation, $253,000 is provided to strengthen acquisition
workforce capabilities.

Infrastructure and Security Activities

A total of $69,000,000 is provided for ``Infrastructure and
Security Activities.'' The multi-year investment and
management plan shall include details on how the activities
under this heading are to be funded.

Data Center Migration

Section 556 provides $70,000,000 for data center migration.
The CIO shall notify the Committees on the initial allocation
of this funding within 45 days after the date of enactment of
this Act. The CIO shall continue to provide quarterly
briefings to the Committees on the progress of data center
development and migration. Given that component data center
migration schedules may shift during the course of the fiscal
year based on changing circumstances and priorities the
general provision includes authority for the Secretary to
transfer funds made available for data center migration, as
necessary, among components based on revised schedules and
priorities with 15 days prior notice to the Committees.

Analysis and Operations

A total of $338,068,000 is provided for ``Analysis and
Operations,'' of which $141,521,000 shall remain available
until September 30, 2013. No funding is provided for the C2
Gap Filler Technology initiative. The Department's Chief
Intelligence Officer is directed to submit an expenditure
plan no later than 60 days after the date of enactment of
this Act to the Committees, as required in the Senate report.
Additional information on funding levels and reporting
requirements are detailed in the classified annex
accompanying this statement.

State and Local Fusion Center Program

The Office of Intelligence and Analysis (I&A) is directed
to develop robust programmatic justification to better
identify and quantify the Federal benefit and return on
investment from the State and Local Fusion Center (SLFC)
program. I&A shall submit such justification at the time the
President's fiscal year 2013 budget is submitted and provide
semi-annual briefings on the fusion center program, in lieu
of a quarterly reporting requirement in the House report and
quarterly briefing requirements in the Senate report. The
first briefing shall occur no later than February 15, 2012,
conform to the requirements outlined in the Senate report,
and include metrics to judge the success of the SLFC program.

Office of Inspector General

A total of $141,000,000 is provided for ``Office of
Inspector General,'' including $117,000,000 in direct
appropriations and $24,000,000 transferred from the Disaster
Relief Fund (DRF) for audits and investigations related to
that funding. The OIG is directed to submit a plan for
expenditure of all funds no later than 30 days after the date
of enactment of this Act, in lieu of the 90 day requirement
in the Senate report. The Office is further directed to
notify the Committees of all transfers from the DRF by
including them in the Department of Homeland Security Chief
Financial Officer's monthly budget execution reports
submitted to the Committees, in lieu of the 15-day advance
notification required in the Senate report. These reports
shall satisfy the requirements for notification of DRF
transfers under section 503 of this Act.

Integrity Investigations

Within the funding provided for this appropriation, an
increase of no less than $4,000,000 is provided for integrity
investigations. In lieu of the 45-day requirement in the
Senate report OIG is directed to submit, no later than 30
days after the date of enactment of this Act, a plan for
expenditure of integrity oversight funds in coordination with
CBP and ICE. This plan shall be submitted along with the
overall expenditure plan for OIG.

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

SALARIES AND EXPENSES

A total of $8,680,118,000 is provided for ``Salaries and
Expenses.'' The request for Headquarters, Management, and
Administration is reduced by $3,452,000 for the Acquisition
Workforce Initiative, the data center migration funds, and
$10,400,000 in additional administrative savings. Data center
migration is funded through a general provision. The funding
level also reflects an additional $5,000,000 for integrity
programs.
Border Security Inspections and Trade Facilitation is
funded at $2,484,235,000, including the following for
requested initiatives: $44,407,000 for the adjustment for law
enforcement journeyman pay costs; $86,109,000 for prior year
annualization of 963 CBP officers; $20,692,000 for an
additional 300 CBP officers at new and expanded ports of
entry; $2,212,000 for additional canine units at ports of
entry; and $7,499,000 to expand the Immigration Advisory
Program to four additional locations. Funds provided for the
following critical operations include increases above the
request:
$74,557,000 for International Cargo Screening, including
$3,287,000 for the Secure Freight Initiative and $71,270,000
for the Container Security Initiative;
$41,400,000 for Automated Targeting Systems which will
enable enhancements to one of the Department's most effective
counter-terrorism and security capabilities;
$51,950,000 for the National Targeting Center, including
the requested increase of $16,400,000 for 45 new CBP officers
and 20 new analysts, as well as an additional $5,000,000 to
ensure operations are appropriately staffed; and
$151,298,000 for trade compliance and enforcement efforts
in the Office of Trade, including an increase of $5,000,000
for personnel, enhanced targeting, and strategy development.
The enacted funding level has been adjusted to reflect the
passage of Public Law 112-42, which removed the exemption
from COBRA fee collections for certain travelers. This will
result in additional revenue of $110,000,000 annually and
$83,000,000 in fiscal year 2012, to support CBP inspection
services. Such revenue is to directly support 21,186 CBP
officers.
Border Security and Control between Ports of Entry is
funded at $3,619,604,000, which reflects an increase of
$191,459,000 for prior year annualization of 1,000 additional
agents along with support personnel funded in the fiscal year
2010 Border Security Supplemental, as well as $184,717,000
for the adjustment for law enforcement journeyman pay costs,
as requested. This overall level will support a Border Patrol
agent force of 21,370 (compared to 12,349 in fiscal year
2006), including 2,212 deployed to the Northern Border and
18,415 deployed to the Southwest Border.
The amount provided for this appropriation by PPA is as
follows:
Headquarters, Management, and Administration:
Management and Administration, Border Security Inspections and Trade
Facilitation...........................................$667,794,000
Management and Administration, Border Security and Control between
Ports of Entry..........................................717,309,000
Rent......................................................483,749,000
________________

Subtotal, Headquarters Management and Administration..1,868,852,000
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports of 2,484,235,000
Harbor Maintenance Fee Collection (Trust Fund)..............3,274,000
International Cargo Screening..............................74,557,000
Other international programs...............................10,684,000
Customs-Trade Partnership Against Terrorism (C-TPAT).......44,979,000
Trusted Traveler Programs...................................6,311,000
Inspection and Detection Technology Investments...........148,537,000
Automated Targeting Systems................................41,400,000
National Targeting Center..................................51,950,000
Training...................................................37,834,000
________________

Subtotal, Border Security Inspections and Trade Facili2,903,761,000
Border Security and Control between Ports of Entry:
Border Security and Control.............................3,530,994,000
Training 88,610,000
________________

Subtotal, Border Security and Control between POEs....3,619,604,000
Air and Marine Operations...............................287,901,000
________________

Total, CBP Salaries and Expenses.....................$8,680,118,000

Revised Budget Structure

CBP is directed to propose a subdivision of the
Inspections, Trade, and Travel Facilitation at Ports PPA and
the Border Security and Control PPA within the ``Salaries and
Expenses'' appropriation in conjunction with the budget
submission for fiscal year 2013. At funding levels of
$2,484,235,000 and

[[Page H9538]]

$3,530,994,000, respectively, the PPAs and the accompanying
budget justifications have not provided adequate detail for
appropriate oversight of these funds. CBP shall brief the
Committees on its proposed structure prior to submission of
its budget request. For instance, each PPA could be
subdivided into budget activities, such as: officer or agent
pay, civilian pay, equipment, operations and maintenance, and
procurement. CBP should provide a crosswalk from the 2012
budget structure to the new 2013 budget structure so that the
Committees can easily compare funding levels for the
activities within these new PPAs.
Further, CBP is directed to comply with the direction
included under the heading ``Office of Chief Financial
Officer'' with respect to improved budget justifications.

Financial Plan by Office Requirements

CBP is directed to provide the financial plan by office as
required by the Senate report. In addition, CBP shall include
its estimate by office with the budget justification material
for fiscal year 2013.

Staffing and Fees Supporting CBP Port of Entry Operations

CBP is directed to submit its staffing model for Field
Operations no later than February 15, 2012. In addition, CBP
shall address the reporting requirements related to manpower
and innovation in the House report and considerations related
to the staffing model in the Senate report.

Outbound Inspections

CBP shall brief the Committees no later than February 15,
2012, on its plans for outbound operations, as outlined in
the House report, and its 3-year strategy to improve and
deploy technology for outbound inspections, as discussed in
the Senate report.

Entry Process Improvements for Travelers

CBP shall submit a report no later than February 15, 2012,
on actions taken to improve the entry process, as discussed
in the Senate report.

Trusted Traveler Programs

The Department shall brief the Committees on all DHS
trusted traveler programs, as discussed in the Senate report,
no later than February 15, 2012.

Cargo Screening Activities

As discussed in the House and Senate reports, CBP shall
brief the Committees no later than February 15, 2012, on its
guidelines regarding low risk shipments and how it is
improving trade processing and coordination.

Non-Intrusive Inspection and Radiation Detection Equipment

CBP is required to provide an investment and management
plan for CBP's Non-Intrusive Inspection and Radiation
Detection Equipment needs. The plan shall address all funds
from all sources, not just the Inspection and Detection
Technology PPA, including funding within the Domestic Nuclear
Detection Office ``Systems Acquisition'' appropriation.

Automated Targeting Systems and National Targeting Center

CBP shall brief the Committees no later than January 13,
2012, on the use of the additional funds provided for these
critical activities.

Maritime Supply Chain Security

No funds are provided for the 100 percent scanning pilots
proposed in the President's budget request. DHS has failed to
provide any details or plans regarding how the proposed
$7,500,000 would be used. Furthermore, while the
Administration has been working on a supply chain security
strategy to address this mandate, it has still not been
submitted to the Committees. For that reason, these funds
have been applied to address shortfalls in the request for
the Container Security Initiative, a key supply chain
security layer.

Border Patrol and Border Security between Ports of Entry

CBP shall submit a report to the Committees no later than
90 days after the date of enactment of this Act on its five-
year staffing and deployment plan for the Border Patrol. In
addition, the budget justification for fiscal year 2013 shall
include a plan detailing staffing and funding for the
Northern Border. CBP and ICE shall provide semi-annual
briefings on assaults on personnel, threats to the border,
and progress made on addressing the threats as required in
the Senate report, with the first briefing no later than
February 15, 2012. At the first briefing, CBP also shall
brief on funds allocated for the health, welfare, and safety
of Border Patrol agents, as directed in the House report.

Access to Federal Lands

As provided in the House report, the Departments of
Homeland Security, Agriculture, and Interior are directed to
brief the Committees no later than February 15, 2012, on
their plan to address the Border Patrol's access to Federal
lands, as appropriate and necessary, to ensure the border
security of the United States. DHS shall also brief the
Committees no later than February 15, 2012, on its
implementation of GAO's recommendations for border security
coordination on Southwest Federal lands contained in GAO-11-
38 and GAO-11-177.

Joint Field Command Structure

While CBP allocated funds within its budget for the Joint
Field Command (JFC), it is important to understand the cost-
benefit for establishing the JFC and whether CBP intends to
establish this concept in other areas along the border. As
discussed in the House and Senate reports, CBP is directed to
brief the Committees no later than February 15, 2012.

Integrity Programs

An additional $5,000,000 above the amount requested is
provided for CBP's integrity programs, for a total of
$165,681,000. CBP is directed to provide the briefing
required in the House report by January 13, 2012.

Detention Statistics

CBP is directed to review how it collects and manages
information about individuals arrested and detained in CBP
custody for less than 72 hours, including the facilities used
for detaining such individuals. The review shall include ways
to address data quality, standardize definitions, and utilize
current reporting systems to routinely report on short-term
detention. In a briefing to occur no later than 120 days
after the date of enactment of this Act, CBP shall brief the
Committees on its review and on its policies and procedures
relating to conditions of facilities and what standards
govern the conditions and duration of custody.

Trade Compliance and Enforcement

An additional $5,000,000 above the amount requested is
provided for trade compliance and enforcement efforts. CBP is
directed to submit to the Committees the reports specified in
the Senate report, including the 3-year trade compliance
strategy and the antidumping and countervailing duty reports,
within the timeframes detailed in that report. In addition,
CBP shall submit the reports under the headings ``Textile
Transshipment Enforcement'' and ``Circumvention of Customs
Duties--Imports from China,'' as discussed in the House
report, within the timeframes detailed in that report.

Multi-Year Investment and Management Plans

As provided in section 568, CBP is required to submit a
multi-year investment and management plan with the
congressional budget justification materials for all
appropriated funds from all sources executed by the Office of
Information Technology (OIT) to provide a full picture of
CBP's information technology activities. It is expected that
the acquisition program baselines for Level I and II programs
under OIT will be provided as part of the comprehensive
acquisition status reports provided by the under Secretary
for management.
A similar requirement is also included for funds in the
``Border Security Fencing, Infrastructure, and Technology''
(BSFIT) appropriation.

Transportation of Aliens

In response to OIG inquiries and OIG 11-27, CBP has taken
great strides to streamline its costs associated with
transportation and removal of aliens between Field Operations
and Border Patrol. ICE has also made progress in analyzing
and more efficiently managing its transportation costs. The
next step, however, has not been taken in a comprehensive
manner--exploring options for coordination of transportation
locally, regionally, and nationally, or sharing of
transportation resources between CBP and ICE given
constrained resources across DHS. CBP and ICE are directed to
brief the Committees no later than 180 days after the date of
enactment of this Act on the results of their joint efforts
to take advantage of such efficiencies.

Office of Technology Innovation and Acquisition

There is no clear plan for the Office of Technology
Innovation and Acquisition (OTIA), including staffing and
financing. CBP does not have authority to use funds provided
to the ``Automation Modernization'' or the BSFIT
appropriations for OTIA expenses. If additional funding from
appropriations outside of ``Salaries and Expenses'' can be
justified, a transfer request must be submitted pursuant to
section 503 of this Act. All funds for OTIA shall be
requested within the ``Salaries and Expenses'' appropriation
for fiscal year 2013.

Invasive Species

CBP is directed to fund activities associated with control
of invasive species, such as Carrizo cane, from within the
BSFIT appropriation.

AUTOMATION MODERNIZATION

A total of $334,275,000 is provided for ``Automation
Modernization.'' Of that amount, not less than $140,000,000
is for the Automated Commercial Environment (ACE). As
provided in a general provision, CBP is required to submit a
multi-year investment and management plan with the
congressional budget justification materials for all funds
executed by OIT to provide a full picture of CBP's
information technology activities.

ACE and International Trade Data System

CBP shall brief the Committees on a quarterly basis on ACE
progress, including the same information they have previously
provided in quarterly reports. CBP shall use funds as
necessary for the International Trade Data System (ITDS).
Furthermore, prior year balances for ITDS are available for
other priorities, such as ensuring completion of Cargo
Release as planned. At the second quarterly briefing of
fiscal year 2012, CBP shall provide its plans for use of
these prior year balances.

TECS

CBP and ICE are directed to jointly brief the Committees on
the status of modernization efforts, including their progress
and plans forward, on a semi-annual basis.

[[Page H9539]]

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

A total of $400,000,000 is provided for BSFIT. Within the
total provided under this heading, $20,000,000 is for
Northern Border technology, $40,000,000 is for tactical
communications, and $3,000,000 is for environmental
assessment and mitigation, as requested. When the amount made
available under this heading is combined with unobligated
balances, a total of $774,874,359 is available for this
function in fiscal year 2012.
While it is clear that the Border Patrol requires
additional tools and technology to execute its critical
mission, concerns remain about the proposed Arizona Border
Technology Plan and the administration's slow execution of
funds provided in this appropriation. The prolonged delay in
procurements, particularly for purchase and upgrade of Remote
Video Surveillance Systems, is extremely concerning. Further,
the fact that the President's request includes a plan to
procure three off-the-shelf integrated fixed tower systems
after the Secretary's decision to terminate SBInet, despite
the benefits now being realized by the Border Patrol from the
system, raises questions. Under the best of circumstances,
the contract for two of these towers would not be awarded
until the summer of 2012, delaying the execution of the
associated funds into fiscal year 2013. As a result,
$60,000,000 is withheld for obligation from this
appropriation until a detailed expenditure plan is provided
to the Committees, no later than 90 days after the date of
enactment of this Act. The expenditure plan shall clearly
specify how DHS proposes to allocate funds among the BSFIT
PPAs.

Multi-Year Investment and Management Plan

A new multi-year investment and management plan for BSFIT
funds is required to be submitted by the Commissioner with
the fiscal year 2013 budget request. To the extent possible,
CBP is encouraged to incorporate requirements from the multi-
year investment and management plan into the fiscal year 2012
expenditure plan.

Invasive Species

CBP is directed to fund activities associated with control
of invasive species, such as Carrizo cane from within the
BSFIT appropriation.

Review of Contracts and Task Orders

The Inspector General is no longer required to review
contracts and task orders on SBInet pursuant to conference
report 109-699 accompanying P.L. 109-295.

Communications Along the Border

DHS is encouraged to explore the establishment of public-
private partnerships with cellular carriers, residents, and
State and local governments to extend mobile communications
capabilities in isolated border areas with limited cellular
coverage for the purposes of public safety.

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

A total of $503,966,000 is provided for ``Air and Marine
Interdiction, Operations, Maintenance, and Procurement.'' The
funding includes $365,087,000 for operations and maintenance
and $138,879,000 for procurement. The procurement funds
include an additional $6,900,000 for UH-60 Black Hawk
conversions (to ensure completion of two conversions) and
$22,500,000 for purchase of an additional multi-enforcement
aircraft (a high priority for CBP, particularly important
given the increasing aircraft retirements CBP expects). Given
the increasing reliance by CBP on unmanned aircraft systems
(UAS) for patrolling our borders, $4,000,000 is provided
above the request for UAS operations and maintenance. It is
imperative that sufficient funds be included in the fiscal
year 2013 budget to operate and sustain these systems over
multiple shifts.

Civil Air Patrol

As directed in the House report, the Comptroller General
shall provide a report regarding the functions and
capabilities of the civil air patrol in homeland security.
The report shall be submitted no later than November 1, 2012.

Aircraft Upgrades

CBP is required to update its 5-year strategic
recapitalization plan, which should also include direction
outlined in the Senate report. Strong support for CBP's
service life extension program (SLEP) for the P-3 fleet is
reiterated. Further, CBP is directed to brief the Committees
on its decision regarding the inclusion of the last two P-3's
in the SLEP no later than the submission of the President's
fiscal year 2013 budget request.

Unmanned Aircraft Operations

CBP is directed to brief the Committees on its efforts with
the Department of Defense and the Federal Aviation
Administration on ways to increase effective use of CBP air
assets, including UAS. Further, the briefing shall include
information regarding any restrictions on UAS operations
related to availability of air traffic control.

CONSTRUCTION AND FACILITIES MANAGEMENT

A total of $236,596,000 is provided for ``Construction and
Facilities Management.'' The funding includes $182,500,000
for Facilities Construction and Sustainment and $54,096,000
for Program Oversight and Management. Statutory language is
included directing the Commissioner to submit annually a real
property inventory and requiring submission with the budget
request of an annually-updated 5-year plan for all port of
entry projects.

Future Land Border Port of Entry Requirements

As detailed in the Senate report, the Department shall work
with the General Services Administration and the Office of
Management and Budget on a multi-year strategy to address
land border port of entry construction requirements and
financing options, including the use of public-private
partnerships.

U.S. Immigration and Customs Enforcement

SALARIES AND EXPENSES

A total of $5,528,874,000 is provided for ``Salaries and
Expenses'' to ensure robust enforcement of our Nation's
immigration laws. Within this amount, no less than
$1,600,000,000 is allocated to finance ICE's various efforts
to identify aliens with criminal records who are incarcerated
or at-large, and to remove those who are deportable. Of this
amount, $189,064,000 is provided for continued expansion of
the Secure Communities program, $5,000,000 above the
President's budget request, to digitize paper fingerprint
cards and enroll them into DHS's Automated Biometric
Identification System (IDENT). An additional $4,400,000 is
provided for the Visa Security Program above the request to
support expansion. The request for Headquarters, Management,
and Administration was reduced by $3,591,000 for the
Acquisition Workforce Initiative, the data center migration
funds, and $1,000,000 in additional administrative savings.
Data center migration is funded through a general provision.
In addition, ICE is directed to comply with the direction
included under the heading ``Office of Chief Financial
Officer'' with respect to improved budget justifications.
The amount provided for this appropriation by PPA is as
follows:
Headquarters Management and Administration:
Personnel, Compensation and Benefits, Services and Other $233,251,000
Headquarters-Managed IT Investments.......................184,227,000
________________

Subtotal, Headquarters Management and Administration......417,478,000
Legal Proceedings...........................................215,935,000
Investigations:
Domestic Investigations...................................1,725,234,000
International Investigations:
International Operations..................................114,928,000
Visa Security Program......................................33,889,000
________________

Subtotal, International Investigations....................148,817,000
________________

Subtotal, Investigations..............................1,874,051,000
================

Intelligence.................................................81,503,000
Detention and Removal Operations:
Custody Operations......................................2,050,545,000
Fugitive Operations.......................................154,597,000
Criminal Alien Program....................................196,696,000
Alternatives to Detention..................................72,373,000
Transportation and Removal Program........................276,632,000
________________

Subtotal, Detention and Removal Operations............2,750,843,000
================

Secure Communities........................................189,064,000
________________

Total, ICE Salaries and Expenses......................5,528,874,000

ICE Domestic Investigations

For ICE Domestic Investigations, $1,725,234,000 is
provided. ICE is directed to continue to provide quarterly
data on investigative activities and expenditures on a timely
basis. Of the funds above the request, $4,000,000 is for
enhancing investigations of antidumping/countervailing duty
(AD/CVD) violations, intellectual property rights (IPR)
investigations, and severe forms of human trafficking and
smuggling activities. ICE is directed to submit to the
Committees a plan for expenditure of these additional,
targeted resources within 90 days after the date of enactment
of this Act. The conferees also direct ICE to submit by
February 13, 2012, a 3-year strategy to improve AD/CVD
enforcement, per the Senate report, and the information
required on the National IPR Coordination Center in the House
report.

Improving Immigration Enforcement Activities

A total of $12,000,000 above the request is provided to
improve immigration enforcement activities, of which
$5,000,000 is included in Secure Communities for digitization
of paper fingerprint cards from legacy immigration files.
Both the House and Senate reports outlined areas for focus,
such as: Developing a comprehensive strategy to address the
visa overstay problem, modernizing the Alien Criminal
Response Information Management System (ACRIMe) to support
the identification of criminal aliens and individuals
attempting to overstay a visa, enhancing ICE capabilities for
law enforcement support for immigration-related inquiries
from State and local law enforcement, and digitizing old
fingerprint records. ICE is directed to brief the Committees,
with US-VISIT and other DHS components as appropriate, on its
plan for utilization of these funds, no later than 60 days
after the date of

[[Page H9540]]

enactment of this Act. ICE is also directed, in conjunction
with US-VISIT and United States Citizenship and Immigration
Services (USCIS), to report to the Committees no later than
120 days after the date of enactment of this Act on the
methodology of prioritizing files for the digitization effort
as well as the overall projected cost of the project to
ensure electronic availability of appropriate biometrics in
IDENT.

Law Enforcement Support Center

The Law Enforcement Support Center (LESC) is the national
entity which provides, among other things, immigration status
information about individuals encountered by State and local
law enforcement agencies. The significant expansion of Secure
Communities has increased the status inquiries submitted by
law enforcement. Recently, the LESC has been reorganized and
the functions split between the Office of Investigations and
Detention and Removal Operations. Prior to the
reorganization, the LESC had the flexibility to move
personnel between the functions depending on workload, but it
now appears that flexibility has been lost. Additionally, as
Secure Communities has matured, some of the early resource
allocation decisions would benefit from further review,
specifically regarding the creation of the Interoperability
Response Centers. ICE is directed to review the separation of
LESC functions and the requirements of the Interoperability
Response Centers and brief the Committees 90 days after the
date of enactment of this Act. In addition, concerns have
been raised about the progress of modernization of the
information technology systems that sustain the Law
Enforcement Support Center, such as ACRIMe. ICE is directed
to brief the Committees no later than 30 days after the date
of enactment of this Act on the current status of ACRIMe
modernization and any revised development timelines.

Visa Security Program

A total of $33,889,000 is provided for the ICE Visa
Security Program, an increase of $4,400,000 above the amount
requested for expansion of the program to two additional
overseas consular posts. ICE is directed to brief the
Committees in a classified format no later than 60 days after
the date of enactment of this Act on its plan for utilizing
these additional funds.

Investigative Resources

ICE is directed to brief the Committees no later than
February 15, 2012, on its efforts throughout the Caribbean
basin, as outlined in the House report.

Intelligence

ICE is encouraged to ensure the Office of Intelligence
supports investigations into AD/CVD violations, IPR
violations, and human trafficking and smuggling
organizations.

Detention and Removal Operations

A total of $2,750,843,000 is provided for ICE Detention and
Removal Operations, $26,718,000 more than the request to
raise the minimum number of detention bed spaces that ICE
must maintain on a daily basis to 34,000. ICE is directed to
intensify its enforcement efforts, fully use these resources,
and manage detention and removal costs as efficiently as
possible. As outlined in the House report, ICE is directed to
provide comprehensive, regular briefings to the Committees on
all steps being taken to reduce the costs of detention and
removal, including: strategies to minimize transportation
costs and house detainees at the lowest cost facilities;
working with the Executive Office of Immigration Review
(EOIR) to speed processing consistent with due process;
continuing to review contracts to ensure maximum flexibility
and lowest cost to ICE; and considering the cost-benefits of
public and private providers for all services, including food
and medical services. As required in the House and Senate
reports, ICE is directed to brief the Committees on its
detention bed space funding model, providing details on its
bed space costs across the country and on the components of
those costs, including food, medical, mental health, dental,
pharmacy, and electronic health record services by location,
and whether these components are provided by public agencies
or private contract services. Such services must be aligned
to humanitarian needs and should be provided in a cost-
effective manner. The first comprehensive briefing shall take
place no later than 30 days after the date of enactment of
this Act.
Additionally, ICE is encouraged to look at ways to increase
the short-term detention capacity in certain regions of the
United States while minimizing the loss of existing detention
capacity, personnel, and contracts at other facilities. ICE
shall brief the Committees semi-annually on its efforts
regarding detention space alternatives, as discussed in the
Senate report.

Secure Communities

A total of $189,064,000 is provided to continue
implementation of the Secure Communities program. ICE is
directed to continue quarterly reports on the Secure
Communities program, submit those reports within 45 days of
the close of the quarter, and provide briefings within 45
days of the close of the quarter. Further, ICE is directed to
develop analyses, for inclusion in these reports, to track
the effect Secure Communities is having on ICE detention
facilities, the EOIR docket, and the speed with which ICE is
able to remove criminal aliens and high-risk detainees from
the country once they are judged deportable. The reports
shall also provide statistics on results of the program,
including the number of individuals administratively arrested
by ICE in each jurisdiction by the crime for which they are
charged and the crime for which they have been convicted (if
applicable); the number of individuals whom ICE identifies
each quarter and intends to administratively arrest but must
await the adjudication of the individual's criminal charges
and/or the completion of a sentence as well as identify the
crimes for which they are charged and crimes for which they
have been convicted (if applicable); and the number of
removals achieved as a result of the program, as outlined in
the Senate report. Additionally, the briefings shall include
quarterly data on the number of instances in which Secure
Communities identifies when someone who is arrested is in
this country illegally, the number of times ICE issues a
detainer on such individuals (delineated by categories
stipulating the reasons why a decision is made to issue or
not issue a detainer), and the number actually deported.
Secure Communities is an effective and significant law
enforcement tool; its deployment and use should not be
hampered by any jurisdiction or official. It is important to
remember that Secure Communities is applied to everyone
booked into a jail. All individuals are treated the same, and
no profiling occurs. Through the use of biometrics, ICE is
able to determine not only an individual's immigration
status, but also if the individual has committed more serious
crimes in the past.
ICE is directed to brief the Committees no later than
February 15, 2012, on any considerations associated with
realigning the Secure Communities program under the Criminal
Alien Program after interoperability has been accomplished.

ICE Support to State and Local Law Enforcement

ICE is directed to update the Committees on its progress
toward closing all OIG recommendations on the 287(g) program
no later than January 13, 2012. The Department is directed to
immediately provide the status of all pending memoranda of
agreement for 287(g) participation.

Hiring and Staffing Reports

ICE shall submit quarterly staffing and hiring reports.
Further, as directed in the House report, ICE shall brief the
Committees on appropriate staffing levels.

Worksite Enforcement

Of the funds provided for Domestic Investigations,
$134,626,000 is for worksite enforcement activities, as
requested. ICE is directed to brief the Committees quarterly
on how it is meeting this level of effort no later than 30
days after the end of each quarter. Further, ICE shall
provide an annual report on worksite enforcement activities
as directed in the Senate report.

Detention and Removal Reporting

Statutory language is included, as requested, ensuring that
all illegally present or otherwise removable aliens
encountered when enforcing our immigration laws are
apprehended. However, the Department does not collect or
report comprehensive statistics on all of its encounters with
inadmissible and deportable aliens by source as well as the
disposition of all such encounters. For that reason, ICE, in
conjunction with CBP and USCIS, is directed to develop a
methodology and a means of collecting and reporting such
information on a quarterly basis for fiscal year 2013. In the
most transparent, concise manner possible, the reporting
should cover all actions in the reporting period for all
stages of the immigration enforcement process: encounters by
identification source (i.e., Fugitive Operations, Criminal
Alien Program, Border Patrol Southwest border between ports);
subsequent enforcement action by agency (i.e., expedited
removal, arrest, detention, release); detention/non-detention
by program (i.e., ICE detention, bond, alternatives to
detention); and processing/removal outcome (i.e., deferred
action, relief, removal, administrative closing). The
reporting shall clearly provide the number of aliens who
received deferred action, including a renewal or extension of
previously-granted deferred action. ICE, CBP, and USCIS shall
brief the Committees no later than 120 days after the date of
enactment of this Act on the developed methodology and means
of collecting and reporting, including any information
technology issues. Additionally, the agencies shall note
where this comprehensive reporting could supersede other
reports currently provided.
For fiscal year 2012, ICE is directed to continue reporting
quarterly on detention and removal, including the number of
deportation, exclusion, and removal orders sought and
obtained by ICE. The first fiscal year 2012 quarterly report
is to be submitted no later than February 15, 2012. ICE shall
include ``policy closure'' reporting subdivided to clearly
report where deferred action has been granted.

Personnel Recovery Units

ICE is directed to brief the Committees no later than
February 15, 2012, on its interest in establishing a trained
unit to handle abduction or evacuation of ICE personnel.

Multi-Year Investment and Management Plan

As provided in Section 568, ICE is required to submit a
multi-year investment and management plan with the
congressional budget justification materials for all funds
executed

[[Page H9541]]

by the Office of Information Technology (OIT) to provide a
full picture of ICE's information technology activities. It
is expected that the acquisition program baselines for Level
I and II programs under OIT will be provided as part of the
comprehensive acquisition status reports provided by the
under Secretary for Management.

Transportation of Aliens

In response to OIG inquiries and OIG Report 11-27, CBP has
taken great strides to streamline its costs associated with
transportation and removal of aliens between Field Operations
and Border Patrol. ICE has also made progress in analyzing
and more efficiently managing its transportation costs. The
next step, however, has not been taken in a comprehensive
manner--exploring options for coordination of transportation
locally, regionally, and nationally, or sharing of
transportation resources between CBP and ICE given
constrained resources across DHS. CBP and ICE are directed to
brief the Committees no later than 180 days after the date of
enactment of this Act on the results of their joint efforts
to take advantage of such efficiencies.

Unexpended Construction Balances

ICE is directed to brief the Committees no later than
February 15, 2012, on the unexpended balances in the ICE
Construction appropriation.

AUTOMATION MODERNIZATION

A total of $21,710,000 is provided for ``Automation
Modernization.'' CBP and ICE are directed to jointly brief
the Committees on the status of TECS modernization efforts,
including their progress and plans forward, on a semi-annual
basis.

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

A total of $5,253,956,000 is provided for ``Aviation
Security.'' In addition to the amounts appropriated, a
mandatory appropriation totaling $250,000,000 is available
through the Aviation Security Capital Fund. Statutory
language reflects the collection of $2,030,000,000 from
aviation security fees, as authorized.
The amount provided for this appropriation by PPA is as
follows:
Screening Operations:
Screener Workforce:
Privatized Screening...................................$144,193,000
Screener Personnel, Compensation, and Benefits........3,025,771,000
________________

Subtotal, Screener Workforce............................3,169,964,000
Screener Training and Other...............................249,796,000
Checkpoint Support........................................204,768,000
EDS/ETD Systems:
EDS Procurement and Installation........................222,738,000
Screening Technology Maintenance and Utilities.....................

320,365,000

________________

Subtotal, EDS/ETD Systems.................................543,103,000
Subtotal, Screening Operations..........................4,167,631,000
Aviation Security Direction and Enforcement:
Aviation Regulation and Other Enforcement...............369,984,000
Airport Management and Support..........................570,226,000
Federal Flight Deck Officer and Flight Crew Training.....25,461,000
Air Cargo...............................................120,654,000
________________

Subtotal, Aviation Security Direction and Enforcement.....1,086,325,000
Total, Aviation Security.................................$5,253,956,000

Impact of Checked Baggage Fees

As noted in the Senate report, TSA checkpoint screening
costs have risen significantly as a result of the growth in
the volume of carry-on baggage transported by passengers in
response to the imposition of checked baggage fees by most
airlines. This increase in checkpoint screening costs,
however, comes at the expense of other TSA security programs,
and none of the air carrier revenue collected from the
checked baggage fees has been used to offset the additional
TSA workload. The Department is encouraged to work with the
relevant authorizing Committees to find ways to recoup these
costs, and ensure the best alignment between resources needed
to achieve and sustainboth security and efficient
checkpoint operations.

Privatized Screening

A total of $144,193,000 is provided for ``Privatized
Screening.'' TSA is to give full and fair consideration to
applicants for participation in the Screening Partnership
Program that can demonstrate their capacity to undertake
passenger and baggage screening in a manner more cost
effective than TSA and to provide a level of security
comparable to that of Federal screening. If TSA approves the
applications, it is authorized, and expected, to finance the
transition to privatized operations using funding within
``Screening Operations''.

Screener Personnel and Training

A total of $3,025,771,000 is provided for the ``Screener
Personnel, Compensation, and Benefits'' PPA, and a total of
$249,796,000 is included for the ``Screener Training and
Other'' PPA. Language is included that limits TSA's use of
funds to recruit or hire more than 46,000 full-time
equivalent screeners. The limitation does not apply to
screeners hired as part-time employees. Statutory language is
included that requires the Secretary to submit to the
Committees no later than 90 days after the date of enactment
of this Act a detailed report on how DHS is using its
resources to develop more capable and cost-effective
screening technology. The report shall also detail how it is
deploying its existing workforce to optimize screening
operations, their effectiveness, and labor savings from
improved technology deployment, including how such savings
are employed or reinvested. Funding is included to staff 250
new advanced imaging technology (AIT) systems, with the
expectation that hiring for those positions will occur later
than assumed in the request due to procurement delays. As
directed in the Senate report, TSA is to work in coordination
with airlines, airports, and cross-disability/medical
organizations to design education and outreach programs that
ensure access to the Nation's aviation system is available to
everyone. TSA shall also work with airports to expand mock

[[Page H9542]]

boarding events, such as those held for families with
autistic children, and shall continue to improve the
screening process for young passengers, as directed in the
Senate report. TSA is to brief the Committees no later than
90 days after the date of enactment of this Act on its
efforts in these areas.

Behavioral Detection Officers

Funding is included for 145 new behavioral detection
officers (BDO). TSA is directed to brief the Committees no
later than 90 days after the date of enactment of this Act on
its plans and actions to implement recommendations rising
from the study of Screening of Passengers by Observation
Techniques (SPOT) that was sponsored by the Science and
Technology Directorate. In addition, the briefing should
cover how TSA is addressing issues raised in recent
Government Accountability Office reviews of the program.
These include validation, management, and communications
issues identified in GAO-10-763 and recommendations for
approaches to BDO assignment and cost-benefit analysis
included in GAO-11-461T and GAO-10-157. Finally, the briefing
should describe what TSA is doing to ensure its
standardization testing of the SPOT program is carried out at
airports with a frequency that will support consistent
program execution and optimal BDO training.

Checkpoint Support

A total of $204,768,000 is provided for ``Checkpoint
Support,'' including funding for 250 new AIT systems and
other security technology requested and listed in the Senate
report. This excludes $39,200,000 requested for explosives
trace detection systems funded in fiscal year 2011, and an
additional $4,000,000 due to other acquisition delays. TSA is
directed, as detailed in the Senate report, to brief the
Committees no later than 30 days after the date of enactment
of this Act on AIT procurement and deployment details and on
progress in developing and deploying additional automated
target recognition capability. In addition, TSA is directed
to include a five-year budget estimate with each annual
Congressional budget justification, beginning with its fiscal
year 2013 submission, that projects funding for each
passenger screening technology acquisition as specified in
the Senate report.

Facilitating Passenger Screening and Reducing Wait Times

TSA is directed to brief the Committees no later than 90
days after the date of enactment of this Act on its efforts
to meet a goal of keeping average passenger wait times below
10 minutes at screening checkpoints. Once TSA has begun
deploying new automated wait time technology funded by this
Act, TSA is directed to provide quarterly briefings to the
Committees on wait times at screening checkpoints where such
technology is in place.

Exit Lane Security

The TSA Administrator shall submit a report to the
Committees no later than 180 days after the date of enactment
of this Act making recommendations for improving security at
each airport location where passengers exit the sterile area,
as specified in the Senate report.

Explosives Detection Systems

A total of $472,738,000 is provided for ``Explosives
Detection Systems (EDS) Procurement and Installation,''
including $250,000,000 in mandatory funding from the Aviation
Security Capital Fund and $222,738,000 in discretionary
funding. Not less than 10 percent of the funds provided shall
be available for the purchase and installation of certified
EDS at medium- and small-sized airports. Allocation of this
funding between new projects, recapitalization, advanced
surveillance systems, and payroll shall be detailed in the
fiscal year 2012 EDS expenditure plan. In addition, the
expenditure plan is to address the issue of eligible EDS
costs incurred by airports that were not recipients of
funding agreements, as specified in the Senate report.

Screening Technology Maintenance and Utilities

A total of $320,365,000 is provided for the ``Screening
Technology Maintenance and Utilities'' PPA, which reflects
downward adjustments in estimates for the cost of maintenance
warranties.

Aviation Regulation and Other Enforcement

A total of $369,984,000 is provided for the ``Aviation
Regulation and Other Enforcement'' PPA, including an increase
of $3,500,000 above the request for international security
enhancements related to air cargo security; $5,000,000 above
the request for 20 new canine teams; and $11,755,000 for 12
new Visible Intermodal Prevention and Response (VIPR) teams,
with the assumption that personnel for the teams will not be
hired until late in fiscal year 2012. TSA shall provide an
expenditure plan to the Committees no later than 60 days
after the date of enactment of this Act detailing where and
how new VIPR teams will be deployed.

Air Cargo

A total of $120,654,000 is provided for the ``Air Cargo''
PPA, $6,000,000 above the request for international security
enhancements to air cargo security. In combination with an
additional $3,500,000 provided under Aviation Regulation and
Other Enforcement, this funding will support enhanced air
cargo inspection and other security oversight and
improvements, with the expectation that this will help TSA
meet its statutory requirement of 100 percent system-wide
screening of air cargo on passenger aircraft, including those
originating overseas, and to enhance inspection,
investigation, and monitoring efforts on all-cargo flights,
including through additional international air cargo
inspectors and transportation security specialists to assess
all-cargo airports and increase inspection visits at high-
risk airports. TSA is to continue working with U.S. Customs
and Border Protection, in furtherance of TSA's mission, on
the application of the Automated Targeting System to screen
air cargo bound for the United States on all-cargo and
passenger flights. The air cargo expenditure plan shall
include progress on these ongoing efforts.

SURFACE TRANSPORTATION SECURITY

A total of $134,748,000 is provided for ``Surface
Transportation Security.'' TSA is directed to submit a report
no later than six months after the date of enactment of this
Act on passenger and mass transit rail tunnel security, as
specified in the Senate report.

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

A total of $204,274,000 is provided for ``Transportation
Threat Assessment and Credentialing.'' This includes
$27,800,000 for TTAC Infrastructure Modernization (TIM) in
recognition of scheduling delays in the modernization
contract and an increase of $10,000,000 to support risk-based
screening.
TSA is directed to brief the Committees no later than 30
days after the date of enactment of this Act on developments
in the TIM program, as specified in the House report.

The amount provided for this appropriation by PPA is as
follows:
Secure Flight...............................................$92,414,000
Crew and Other Vetting Programs..............................71,540,000
________________

Subtotal, Direct Appropriations...........................163,954,000
TWIC Fees.....................................................8,300,000
Hazardous Materials Fees.....................................12,000,000
Alien Flight School Fees......................................4,000,000
Certified Cargo Screening Program.............................5,200,000
Large Aircraft Security Program...............................1,200,000
Secure Identification Display Area Checks.....................8,000,000
Other Security Threat Assessments...............................100,000
General Aviation at DCA.........................................100,000
Indirect Air Cargo............................................1,400,000
Sensitive Security Information (SSI) fees........................20,000
________________

Subtotal, Fee Collections.................................$40,320,000

Risk-Based Screening

A total of $10,000,000 is provided to support risk-based
screening efforts, including: the development of systems
architecture; the procurement of hardware and software;
testing and implementation of new capabilities to expand
known-traveler populations; and increases in the
effectiveness, security, and efficiency of passenger
screening. TSA is directed to report to the Committees no
later than 90 days after the date of enactment of this Act on
the status of its efforts, including current and planned
pilots to develop such a known traveler program, funding
requirements, and any legal or resource obstacles to
implementation.

Universal Enrollment Centers

TSA is directed to expand the number of Universal
Enrollment Centers to achieve at least a 50 percent increase
in the number of TWIC enrollment sites and to brief the
Committees no later than 180 days after the date of enactment
of this Act as specified in the Senate report, on resource
needs, security impacts, and prospects for direct shipment of
TWIC cards to participants.

TRANSPORTATION SECURITY SUPPORT

A total of $1,031,926,000 is provided for ``Transportation
Security Support.''
The amount provided for this appropriation by PPA is as
follows:
Headquarters Administration................................$292,334,000
Information Technology......................................447,200,000
Human Capital Services......................................249,400,000
Intelligence.................................................42,992,000
________________

Total, Transportation Security Support.................$1,031,926,000

Expenditure Plans

Statutory language is included withholding $20,000,000 from
obligation for ``Headquarters Administration'' until the
Administrator submits detailed expenditure plans to the
Committees on air cargo security; checkpoint support; and EDS
procurement, refurbishment, and installation on an airport-
by-airport basis for fiscal year 2012. These plans should
include details on technologies purchased, timelines for
deployment, obligation schedules, and actual and anticipated
unobligated balances at the close of the fiscal year. TSA
shall brief the Committees on a quarterly basis with updates
on performance against the expenditure plan.
In fiscal years 2010 and 2011, the Department and TSA
failed to comply with statutory direction to provide
expenditure plans for checkpoint and EDS activity. For fiscal
year 2010, the required plan was submitted April 20, 2011--
almost seven months into the next fiscal year. Similarly, TSA
has not submitted its plan for fiscal year 2011. Such delays
reflect either an inability to compile

[[Page H9543]]

and transmit information about ongoing and planned
activities, or disregard for Congress' oversight role. For
fiscal year 2012, TSA is expected to act expeditiously to
deliver the required expenditure plans.

Headquarters Administration

A total of $292,334,000 is provided for the ``Headquarters
Administration'' PPA, including $1,998,000 for enhanced
acquisition management, as requested, and $2,000,000 above
the request for the TSA Office of Professional
Responsibility. In lieu of the Senate briefing requirement
related to administrative savings, TSA is directed to clearly
delineate assumed savings from reductions to administrative
and support functions and assumed efficiencies in its budget
justification, as directed in this statement under
Departmental Management and Operations ``Office of the Chief
Financial Officer'' heading.

Availability of Appropriations

TSA is directed to brief the Committees no later than
February 15, 2012, on a proposed PPA structure that reflects
one-year availability of appropriations for salaries and
expenses.

Passenger Complaints

TSA is directed to make every effort to ensure members of
the traveling public are aware of the procedures and process
for making complaints about passenger screening. GAO is
directed to complete a review no later than nine months after
the date of enactment of this Act on TSA policies and
procedures for resolving passenger complaints, including an
assessment of the organizational independence of the office.

FEDERAL AIR MARSHALS

A total of $966,115,000 is provided for ``Federal Air
Marshals'' (FAMS), including $842,500,000 for Management and
Administration and $123,615,000 for Travel and Training. TSA
shall continue to provide quarterly reports on the FAMS
mission coverage, staffing levels, and hiring rates as
directed in previous appropriations Acts and in the
classified annex to this statement.
In light of the significant increase in sustained, enhanced
flight coverage since the Christmas Day bombing attempt, TSA
is directed to brief the Committees no later than 120 days
after the date of enactment of this Act on its analysis of
the optimal staffing, scheduling, and resource requirements
for FAMS in light of the full range of security capabilities
that TSA and the Department can use to complement FAMS
operations. This analysis should include an independent
assessment of the definitions of flights that present ``high-
security risks'' and whether that review validates the
current risk assessment model being used by the FAMS, or
whether changes may be required that could warrant
adjustments in current staffing levels.

Coast Guard

OPERATING EXPENSES

A total of $7,051,054,000 is provided for ``Operating
Expenses,'' including $24,500,000 from the Oil Spill
Liability Trust Fund, and including $598,000,000 for defense
activities, of which $258,000,000 is designated as being for
the global war on terrorism and overseas contingency
operations. Funds provided in support of the global war on
terrorism and overseas contingency operations under this
heading may be allocated notwithstanding section 503 of this
Act. The Coast Guard is directed to brief the Committees no
later than 30 days after the date of enactment of this Act on
any changes expected to funding for the global war on
terrorism and overseas contingency operations during fiscal
year 2012 or projected transition costs expected in fiscal
year 2013.
Within the funding provided for this appropriation, the
following amounts are provided for requested initiatives:
$10,666,000 for enhancements to marine safety; $11,485,000
for enhancements to marine environmental response; $9,300,000
for enhancements to military family childcare; $39,000,000
for restoration of polar operations funding; $8,600,000 for
network security upgrades; and $6,300,000 for the Distress
Alerting Satellite System.
The amount provided for this appropriation includes the
following reductions from the budget request: a decrease of
$8,000,000 in the costs of data center migration; a decrease
of $18,000,000 in technical adjustments; a decrease of
$12,000,000 in unneeded health care costs; a decrease of
$9,000,000 in unneeded permanent change of station costs; and
a decrease in unneeded surface and air asset follow-on
operational costs resulting from procurement delays
totaling $7,451,000.
The amount provided for this appropriation includes the
following increases above the budget request: an additional
$3,700,000 to annualize fiscal year 2011 funding for marine
environmental response capabilities; an additional
$20,300,000 to address unfunded depot level maintenance
priorities; and an additional $4,000,000 for small boat
tactical training.
A total of $75,000,000 is withheld from obligation for
Headquarters Directorates until a future-years capital
investment plan for fiscal years 2013-2017, as specified in
statutory language under the Coast Guard ``Acquisition,
Construction, and Improvements'' heading is submitted to the
Committees.
Issues pertaining to the Coast Guard's classified and
sensitive programs are addressed in the classified annex
accompanying this statement.
The amount provided for this appropriation by PPA is as
follows:
Military Pay and Allowances..............................$3,413,061,000
Civilian Pay and Benefits...................................784,256,000
Training and Recruiting.....................................213,321,000
Operating Funds and Unit Level Maintenance................1,109,623,000
Centrally Managed Accounts..................................336,653,000
Intermediate and Depot Level Maintenance....................936,140,000
Global War on Terrorism Overseas Contingency Operations.....258,000,000
________________

Total, Operating Expenses..............................$7,051,054,000

Depot Level Maintenance

An additional $20,300,000 above the amount requested is
provided to partially address the backlog of critical, but
unfunded depot maintenance activities, as proposed by both
the House and the Senate. In lieu of the specified
subdivision of this funding enhancement contained in the
House report, the Coast Guard is directed to provide the
Committees within 30 days after the date of enactment of this
Act a plan for expenditure of these additional funds.
Furthermore, the Coast Guard is directed to apply a portion
of these funds to the most urgent, but unfunded maintenance
projects pertaining to the improvement of crew habitability
aboard legacy cutters. Funds allocated toward crew
habitability improvements shall be clearly delineated in the
required expenditure plan.

Administrative Savings, Efficiencies, and Reductions to Support
Functions

The Coast Guard is directed to clearly delineate assumed
savings from reductions to administrative and support
functions and assumed efficiencies in its annual budget
justification, as directed by both the House and Senate, and
as directed in this statement under the Departmental
Management and Operations ``Office of the Chief Financial
Officer'' heading.

Performance Metrics

The Coast Guard shall continue to include performance
metrics, with particular emphasis on measures of operational
proficiency, as well as all Government Performance and
Results Act reporting requirements within its annual budget
justification in lieu of the direction regarding a distinct
submittal contained in the House report.

Financial Management

In lieu of the direction contained in the House and Senate
reports, the Coast Guard is directed to semi-annually brief
the Committees on its efforts to address material weaknesses
in financial management. These briefings shall include, but
not be limited to: the progress towards achievement of
obtaining an unqualified opinion with respect to unauditable
balances; progress towards implementation of the Financial
Strategy for Transformation and Audit Readiness plan; and
detailed explanations of how the Coast Guard is working with
the DHS Office of the Chief Financial Officer on such
efforts. The first of these semi-annual briefings shall occur
no later than March 15, 2012.

Maritime Surveillance

The Coast Guard is directed to submit the two reports
regarding maritime surveillance hours no later than February
15, 2012, as required in the House report.

Marine Safety and Marine Environmental Protection

A total of $15,185,000 is provided for marine environmental
response enhancements, including an additional $3,700,000 to
annualize fiscal year 2011 costs. In addition, $10,666,000 is
provided for marine safety enhancements, as requested. Within
45 days after the date of enactment of this Act, the Coast
Guard is directed to submit to the Committees the following:
the updated Marine Safety Performance Plan, as directed in
the Senate report; the Marine Environmental Response Mission
Performance Plan, as directed in the House report, to include
the specified reporting requirements delineated in the Senate
report; and a 5-year strategic plan, including comprehensive
funding estimates, to implement marine environmental
protection mission requirements, as specified in the Senate
report.

Gulf of Mexico Oil Spill Response

The Coast Guard is directed to submit a plan no later than
90 days after the date of enactment of this Act for
addressing the recommendations contained in the Incident
Specific Preparedness Review that was issued following the
sinking and subsequent oil outflow from the Mobile Offshore
Drilling Unit Deepwater Horizon, as required in the Senate
report.

Military Family Childcare and Housing

As requested, $9,300,000 is provided for enhancements to
military family childcare activities. Funding and oversight
regarding military housing is addressed under the, Coast
Guard ``Acquisition, Construction, and Improvements''
heading.

Stem-to-Stern Review

The Coast Guard is directed to brief the Committees no
later than 60 days after the date of enactment of this Act on
efforts to implement the findings from the Commandant's stem-
to-stern review.

Coast Guard Yard

The Coast Guard Yard located at Curtis Bay, Maryland, is
recognized as a critical component of the Coast Guard's core
logistics capability which directly supports fleet readiness.
The Yard has been a vital part of the Coast Guard's readiness
and infrastructure for more than 100 years and the Committees
believe sufficient industrial work

[[Page H9544]]

should be assigned to the Yard to maintain this capability.

Command and Control Aircraft

The Coast Guard shall include in its annual budget
justification a detailed explanation, including cost
implications, of any plans to alter the capabilities of
command and control aircraft.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

A total of $13,500,000 is provided for ``Environmental
Compliance and Restoration''. The Coast Guard is directed to
include within its annual budget justification a listing of
the activities projected to be funded by the amount requested
under this heading and an updated backlog report for
Environmental Compliance and Restoration projects, with an
explanation of how the amount requested will impact this
documented backlog. The Coast Guard is further directed to
assess environmental remediation costs for LORAN sites and
brief the Committees no later than February 15, 2012, on its
plans for such assessments, as specified in the Senate
report.

RESERVE TRAINING

A total of $134,278,000 is provided for ``Reserve
Training''.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

A total of $1,403,924,000 is provided for ``Acquisition,
Construction, and Improvements''.

The amount provided for this appropriation by PPA is as follows:

Vessels:
Survey and Design-Vessels and Boats........................$6,000,000
Response Boat-Medium......................................110,000,000
In-Service Cutters Sustainment.............................14,000,000
National Security Cutter...................................77,000,000
Offshore Patrol Cutter.....................................25,000,000
Fast Response Cutter......................................358,000,000
Cutter small boats..........................................5,000,000
Medium Endurance Cutter Sustainment........................47,000,000
________________

Subtotal, Vessels.......................................642,000,000
Aircraft:
Airframe Replacement (CGNR 6017)...........................18,300,000
Maritime Patrol Aircraft..................................129,500,000
HH-60 conversion projects..................................56,100,000
Long Range Surveillance Aircraft...........................62,000,000
HH-65 conversion/sustainment projects......................24,000,000
________________

Subtotal, Aircraft......................................289,900,000
Other Acquisition Programs:
Program Oversight and Management...........................26,000,000
Systems Engineering and Integration........................17,140,000
C4ISR......................................................38,500,000
Coast Guard--Logistics Information Management System........6,500,000
Nationwide Automatic Identification System..................5,000,000
Rescue 21..................................................65,000,000
Interagency Operations Centers..............................3,000,000
________________

Subtotal, Other Acquisition Programs....................161,140,000
Shore Facilities and Aids to Navigation:
Major Construction: Housing; ATON; and Survey & Design.....92,900,000
Major Acquisition Systems Infrastructure...................81,500,000
Minor Shore.................................................6,292,000
________________

Subtotal, Shore Facilities and Aids to Navigation.......180,692,000
Military Housing.............................................20,000,000
Personnel and Related Support
Direct Personnel Costs....................................109,592,000
Core Acquisition Costs........................................600,000
________________

Subtotal, Personnel and Related Support.................110,192,000
================

Total, Acquisition, Construction, and Improvements...$1,403,924,000

Comprehensive and Quarterly Acquisition Status Reports

To strengthen oversight for all Departmental acquisition
programs, a statutory requirement is included for the
Department of Homeland Security Under Secretary for
Management to submit to the Committees a comprehensive
acquisition status report in tandem with the fiscal year 2013
budget request with quarterly updates on any deviations.
Because the Department-wide comprehensive report will
encompass Coast Guard acquisition data, a duplicative effort
to submit Coast Guard specific quarterly reports is no longer
necessary or required. In addition, acquisition specific
information is required in the Coast Guard Capital Investment
Plan (CIP), which has been expanded for the purpose of in-
depth oversight. GAO shall review the CIP and brief the
Committees on the results of the review.
In lieu of separate briefings on individual acquisitions,
as required in the Senate report, the Coast Guard shall brief
the Committees quarterly on all major acquisitions. These
briefings shall include: the objective for operational hours
the Coast Guard expects to achieve; the gap between that
objective, current capabilities, and stated mission
requirements; and how the acquisition of the specific asset
closes the gap. The information presented at these required
briefings shall also include a discussion of how the Coast
Guard calculated the operational hours, an explanation on
risks to mission performance associated with the current
shortfall, and the operational strategy to mitigate such
risks.

Fleet Mix Analysis

The Coast Guard is directed to submit to the Committees
phases one and two of the Fleet Mix Analysis and the Cutter
Fleet Mix Analysis, as specified by the Senate report.

National Security Cutter

A total of $77,000,000 is repurposed from the budget
request and provided for the acquisition of long-lead time
materials necessary for production of the sixth National
Security Cutter (NSC). In addition, statutory language
specifies immediate availability of these funds,
notwithstanding the availability of funds for production
costs or post-production activities. The funding to support
long-lead time materials along with the statutory direction
is intended to enable a contract award approximately 90 days
after the date of enactment of this Act. As noted in both the
House and Senate reports, the Committees disagree with the
Administration's current acquisition policy towards the NSC
since it will result in substantially higher costs to the
Coast Guard and the taxpayer, extension of the NSC
acquisition program baseline, significant engineering
inefficiencies, and an increased strain on the Coast Guard's
legacy assets, including escalation of maintenance costs. By
contrast, the funding of long-lead time materials in fiscal
year 2012 will accelerate NSC production and result in not
only direct savings of $45,000,000 to $60,000,000 per cutter,
but also expedite completion of the NSC acquisition program
baseline of eight NSCs. The conferees strongly support the
acquisition of the planned eight NSCs in the most cost
effective manner within the guidelines of proper program
oversight and governance.

Offshore Patrol Cutter

Notwithstanding the direction of the Senate report, the
Coast Guard is directed to include updated information on the
acquisition of the Offshore Patrol Cutter within the required
comprehensive and quarterly acquisition status reports, as
described in this statement under the Departmental Management
and Operations ``Under Secretary for Management'' heading.

Fast Response Cutter

As requested, a total of $358,000,000 is provided for the
acquisition of six Fast Response Cutters (FRCs) and the re-
procurement data and licensing rights package (RDLP). Funding
for six cutters is provided to maximize production
capabilities and to realize a total savings of $30,000,000,
or $5,000,000 per FRC. Funds provided for the RDLP should
sustain the acquisition program baseline and enable the
planned re-competition of the next FRC contract award.

Response Boat-Medium

As requested, $110,000,000 is provided to acquire 40
Response Boat-Mediums (RB-Ms). The acquisition of 40 RB-Ms
will enable the Coast Guard to complete the RB-M acquisition
program baseline one year ahead of schedule and achieve
programmatic savings of approximately $6,000,000.

C4ISR

An additional $4,000,000 above the amount requested is
provided to support the costs of installation of modernized
communications systems on legacy cutters. The Coast Guard
shall notify the Committees no later than February 15, 2012,
on the planned expenditure of these additional funds as well
as its deployment plan for C4ISR upgrades to the NSC fleet.

In-Service Sustainment

The Coast Guard shall develop a long-term plan of
investments to address its in-service cutter sustainment
requirements, as described in the Senate report.

Rotary Wing Aircraft Reset

As requested, $18,300,000 is provided for a replacement HH-
60 helicopter.

Long-Range Surveillance Aircraft

A new PPA combining HC-130J acquisition and HC-130H
refurbishment is established, as directed by the House, in
order to allow the Coast Guard to leverage its limited
funding for the most cost effective budgeting for Long Range
Surveillance Aircraft. The Coast Guard is directed to brief
the Committees by February 15, 2012, on its evaluation of
options presented in the recently completed Naval Air Systems
Command business case analysis of the optimal mix of
refurbished HC-130Hs and new HC-130Js.

Unmanned Aircraft Systems

Funding for unmanned aircraft systems is addressed under
the Coast Guard ``Research, Development, Testing, and
Evaluation'' heading and is not provided in this
appropriation.

Program Oversight and Management

A total of $26,000,000 is provided for Program Oversight
and Management, a reduction of $9,000,000 from the request
due to budgetary constraints. This PPA is renamed from,
``Government Program Management'' to more accurately reflect
the nature of the activities supported by the funding
provided.

[[Page H9545]]

The Coast Guard shall provide a more detailed budget
justification, by activity, for this PPA in the fiscal year
2013 budget justification materials.

Major Shore Construction, Aids to Navigation, and Survey and Design

As requested, $92,900,000 is provided for Major Shore
Construction, Aids to Navigation, and Survey and Design. The
Coast Guard is directed to submit a prioritized list of shore
construction projects, as directed in the Senate report,
which includes all unfunded and backlogged projects, to the
Committees no later than 45 days after the date of enactment
of this Act.

Infrastructure Improvement Plan for the Coast Guard Training Center

The Coast Guard shall submit to the Committees a plan to
upgrade the barracks at the Coast Guard Training Center to
include fire suppression systems and gender-equivalent
facilities, as specified in the Senate report.

Major Acquisition Systems Infrastructure

A total of $81,500,000 is provided for Major Acquisition
Systems Infrastructure, a reduction of $13,000,000 from the
amount requested due to revised cost estimates. The Coast
Guard is directed to submit a current expenditure plan on
selected homeports to the Committees no later than 45 days
after the date of enactment of this Act. Furthermore, the
Coast Guard is directed to include within its annual budget
justification materials the associated infrastructure costs
of each operational asset proposed to be acquired.

Military Housing

As requested, $20,000,000 is provided for military housing.
The Coast Guard is directed to provide an exhaustive,
prioritized listing of all military housing needs to the
Committees no later than 45 days after the date of enactment
of this Act.

Acquisition Personnel

A total of $110,192,000 is provided for the direct costs of
acquisition personnel. However, these funds do not support
the costs of the requested enhancement to acquisition
staffing due to: (1) an inadequate budget justification that
does not fully explain baseline capabilities and how existing
gaps in skills and capabilities will be addressed by the
requested enhancement; and (2) the fact that the Coast Guard
has not adequately budgeted to support the existing
acquisition workforce. Therefore, the funds provided are
intended to annualize the full costs of supporting
acquisition personnel and related support to include
resources that were reprogrammed at the request of the Coast
Guard in fiscal year 2011. The Coast Guard is directed to
brief the Committees on acquisition personnel management, as
required by the Senate report, no later than February 15,
2012. This briefing shall also include a proposal for
incorporating funding for acquisition staffing within the
Coast Guard ``Operating Expenses'' appropriation and a method
for tracking the budget for this function if it were to be
merged with the funds that currently support personnel within
the ``Operating Expenses'' appropriation.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

A total of $27,779,000 is provided for ``Research,
Development, Test, and Evaluation'' (RDT&E). The Coast Guard
is directed to revise its annual budget justification for
this function, as per the standards and direction contained
in this statement under the Departmental Management and
Operations ``Office of the Chief Financial Officer'' heading.
This revised justification shall also include a prioritized
listing of planned RDT&E activities relative to stated
mission needs and goals.

Unmanned Aircraft Systems

Within the amount provided under this heading, $8,000,000
is provided for cutter-based unmanned aircraft systems (UAS).
This funding, in addition to amounts previously appropriated,
is provided for the purposes of procurement of shipboard
integration equipment and to support an advanced concept
technology demonstration.

RETIRED PAY

A total of $1,440,157,000 is provided for ``Retired Pay''.
The Coast Guard's ``Retired Pay'' appropriation is a
mandatory budgetary activity.

United States Secret Service

SALARIES AND EXPENSES

A total of $1,661,237,000 is provided for ``Salaries and
Expenses.'' Within this total, the following amounts are
provided for requested initiatives: $57,300,000 for
Operational Mission Support enhancements (within ``Protection
of Persons and Facilities''); $113,462,000 for 2012
Presidential Campaign costs; $19,307,000 for ``National
Special Security Events''; $371,000 for enhanced acquisition
management support; and $43,843,000 for ``Information
Integration and Technology Transformation'' (IITT). Of the
funds provided for IITT, $20,000,000 is withheld from
obligation for the purchase or installation of information
technology equipment until the DHS Chief Information Officer
submits a report to the Committees certifying that all plans
for integration and transformation are consistent with the
Department's data center migration and enterprise
architecture requirements. In addition, the Secret Service is
directed to submit an updated, prioritized plan for the
execution of Operational Mission Support that reflects the
funding provided.
The amount provided for this appropriation by PPA is as
follows:
Protection:
Protection of Persons and Facilities.....................$832,463,000
Protective Intelligence Activities.........................68,125,000
National Special Security Events...........................19,307,000
Presidential Candidate Nominee Protection.................113,462,000
White House Mail Screening.................................18,472,000
________________

Subtotal, Protection..................................1,051,829,000
Investigations:
Domestic Field Operations.................................223,991,000
International Field Office Administration, Operations and T32,971,000
Electronic Crimes Special Agent Program and Electronic Crimes Task
Forces...................................................53,051,000
Support for Missing and Exploited Children..................8,366,000
________________

Subtotal, Investigations................................318,379,000
Headquarters, Management and Administration.................191,588,000
Rowley Training Center.......................................55,598,000
Information Integration and Technology Transformation........43,843,000
________________

Total, Salaries and Expenses.........................$1,661,237,000

Account Structure

The current PPA structure does not provide visibility into
the management of funding provided for information technology
and system investments, or identify costs associated with the
site-specific, critical protective physical infrastructure,
which merits ongoing investment and refreshment. The Secret
Service is directed to adjust its PPA structure to align to
the tables at the end of this statement and to build this
revised structure into its fiscal year 2013 budget request.
Costs associated with protective mission operations and
support, including those based on unit cost elements for
staffing and operational activities, excluding facilities and
significant infrastructure investments, should continue to be
reflected in the existing PPA for protection of persons and
facilities. However, the Secret Service is directed to
include a new PPA in its fiscal year 2013 budget submission
which better captures the costs associated with investment
and sustainment requirements for protective infrastructure,
for which a substantial increase in funding was requested for
fiscal year 2012 under ``Protection of Persons and
Facilities.''

Overseas Offices

Within the funding provided for this appropriation,
$2,000,000 above the request is provided for the Secret
Service to open and staff a new office in Lima, Peru. In lieu
of the briefings on field operations required in the House
and Senate reports, the Secret Service is directed to provide
a briefing on the establishment of the office in Lima, Peru,
as well as current and future funding requirements for a
permanent office in Beijing, China, no later than February
15, 2012.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

A total of $5,380,000 is provided for ``Acquisition,
Construction, Improvements, and Related Expenses.''

TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

A total of $50,695,000 is provided for Management and
Administration of the National Protection and Programs
Directorate (NPPD).
This includes $7,326,000 for management, planning, and
administration activities in the Office of the Assistant
Secretary for Infrastructure Protection and $5,494,000 for
the Office of the Assistant Secretary for Cybersecurity and
Communications that were previously funded in
``Infrastructure Protection and Information Security''.
As discussed under Departmental Management and Operations,
``Office of the Chief Financial Officer,'' NPPD shall
provide, with the submission of the fiscal year 2013 budget
request, a fully justified budget by PPA and line item.
Further, the budget request shall be submitted in the PPA
structure provided in this statement. The budget
justification shall also include a full explanation of any
funds that are requested with availability in excess of one
year including a program description, the reason for the
additional required availability, and a schedule for
execution of the funding.

Risk Management and Analysis

A recent National Academy of Sciences (NAS) report
highlighted several shortcomings in the NPPD Office of Risk
Management and Analysis (RMA) program. While the NAS study
concluded that the basic risk framework used by RMA is a
sound approach to assessing risk, it identified other
significant deficiencies in the Office's risk analysis
approach, limiting the level of confidence with which it can
be used to support DHS decision-making. The NAS recommended
major reforms to the current approach, but to date the
Department has not submitted a

[[Page H9546]]

plan to reform RMA. Such lack of needed reforms is
unacceptable in the current fiscally constrained environment.
Therefore, the Secretary has been provided the authority to
transfer up to $4,241,000 to the DHS Office of Policy,
subject to notification, in order to reform and improve
oversight of the Department's risk management and analysis
functions. A transfer is also designed to elevate the
importance of a strong risk modeling, analysis, and strategic
planning function within the Department. If the Secretary
does not submit a notification to transfer the risk
management function to the Office of Policy, the funds shall
be used to effect the orderly termination of RMA by March 30,
2012.
The Committees must receive the notification for such a
transfer no later than 90 days after the date of enactment of
this Act. Further, no later than the date upon which the
notification is submitted, the Secretary shall provide to the
Committees a plan identifying and justifying the specific
risk modeling, analysis, and strategic planning functions of
value and use to the Department and its individual
components. The plan is to include the funding and personnel
being allocated to each function and any reforms being made,
including those undertaken in response to the NAS findings.

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

A total of $888,243,000 is provided for ``Infrastructure
Protection and Information Security'' (IPIS), of which
$200,000,000 is available until September 30, 2013. A total
of $93,348,000 is provided for Infrastructure Security
Compliance. This amount combined with the carryover balance
of $19,705,120 provides $113,053,120 for program
implementation in fiscal year 2012.
Statutory language is included requiring expenditure plans
for the Office of Infrastructure Protection and the National
Cyber Security Division. The plans shall include a
description by PPA and line item with the associated costs
subdivided by quarter. The plan shall provide sufficient
detail on the items and services procured and the outcomes of
those services or items. As requested in the President's
budget, $28,927,000 is included for Control Systems Security;
$14,876,000 is included for cyber education; and $8,012,000
is included for cybersecurity outreach and awareness. Any
funding used for acquisition workforce improvements shall be
clearly identified. Funding levels for all Information,
Sharing and Analysis Centers, the National Infrastructure
Simulation and Analysis Center, and for vulnerability
assessments shall also be clearly identified.
A provision that requires an investment and management plan
is not included for the National Cybersecurity Protection
System as directed in the House report. Additionally, a
separate report for Next Generation Network Priority Services
is not required as directed in the Senate report. NPPD shall
instead comply with the requirements for the Comprehensive
and Quarterly Acquisition Status Reports in Departmental
Management and Operations under the heading ``Under Secretary
for Management.''
With respect to sector cooperation, the Under Secretary for
NPPD is to provide a report regarding the results of a review
to streamline the processes for coordination and information
sharing with industry partners, and GAO is to conduct an
evaluation of the effort, as directed in the Senate report.
The Under Secretary is directed to provide a report that
details the Department's definition of inherently safer
technology as it relates to chemical facilities under the
purview of the Chemical Facility Anti-Terrorism Standards
program.
The amount provided for this appropriation by PPA is as
follows:
Infrastructure Protection:
Infrastructure Analysis & Planning........................$70,518,000
Sector Management & Governance.............................74,219,000
Regional Field Operations..................................57,367,000
Infrastructure Security Compliance.........................93,348,000
________________

Subtotal, Infrastructure Protection.....................295,452,000
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination..................................4,500,000
US-Computer Emergency Readiness Team (US-CERT) Operations..79,116,000
Federal Network Security...................................35,000,000
Network Security Deployment...............................229,000,000
Global Cybersecurity Management............................23,992,000
Critical Infrastructure Cyber Protection & Awareness.......60,000,000
Business Operations........................................11,568,000
________________

Subtotal, Cybersecurity.................................443,176,000
Communications:
Office of Emergency Communications.........................43,495,000
Priority Telecommunications Services.......................56,074,000
Next Generation Networks...................................25,253,000
Programs to Study and Enhance Telecommunications...........13,441,000
Critical Infrastructure Protection Programs................11,352,000
________________

Subtotal, Communications..................................149,615,000
________________

Subtotal, Cybersecurity and Communications..............592,791,000
________________

Total, Infrastructure Protection and Information Secu$888,243,000

FEDERAL PROTECTIVE SERVICE

A total of $1,261,537,000 is provided for the ``Federal
Protective Service'' (FPS), as requested, for fiscal year
2012. This amount is fully offset by collections of security
fees. A provision is included requiring the Secretary and the
Director of the Office of Management and Budget to certify,
no later than December 31, 2011, that FPS will collect a
sufficient amount in fees to cover the total number of FTE
requested in the budget, or adjust the fee to cover all
costs.
The Director of FPS shall provide an expenditure plan by
PPA for fiscal year 2012 no later than 60 days after the date
of enactment of this Act. The plan shall include a
description by line item and distinct activity with the
expenditures subdivided quarterly. With the submission of the
fiscal year 2013 budget, the Director of FPS shall comply
with the requirements as detailed in Departmental Management
and Operations, ``Office of the Chief Financial Officer''
with respect to fiscal year 2013 budget justifications. The
justification provided in fiscal year 2013 shall include all
funding sources, including reimbursables.
FPS is directed to provide a strategic human capital plan
and a plan to assume security and protection responsibilities
from agencies that currently hold delegated authority to the
Committees and GAO as directed in the Senate report. Further,
GAO is directed to comply with the directions with respect to
reviewing such plans.

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

A total of $306,802,000 is provided for US-VISIT. No funds
are included for the Acquisition Workforce Initiative.
Statutory language is included to require a multi-year
investment and management plan. In addition, US-VISIT is
directed to comply with the direction included under the
heading ``Office of the Chief Financial Officer'' with
respect to improved budget justifications.

Overstay Backlog Elimination

Given the current budgetary environment, security
requirements that must be met immediately, and the lack of an
implementation plan for biometric air exit, unobligated
balances from US-VISIT are rescinded for distribution to
other security priorities across the Department for which
funds can be more quickly executed. An increase of $9,400,000
is provided for US-VISIT to prepare a comprehensive plan for
implementation of biometric air exit, as well as for
improvement of biographic entry-exit matching capabilities
and to prevent future overstay backlogs. DHS is encouraged to
identify additional funds to enhance funding for its
biographic efforts. The Department is directed to brief the
Committees no later than January 13, 2012, on its plan for
use of these funds, to include elimination of the backlog of
``unvetted'' overstay records and the prevention of
reoccurrence of backlogs.

Semi-Annual Briefings

US-VISIT shall continue to provide briefings to the
Committees on biometric exit planning; interoperability in
conjunction with its interagency counterparts; hirings and
conversions; and other operations. The briefings will be on a
semi-annual rather than a quarterly basis.

Identity Management and Screening Services

As required in the House report, US-VISIT shall brief the
Committees quarterly on its workload and service levels,
including any backlogs that may result from an influx of
transactions or new users.

US-VISIT 1.0

Funds are not provided for ``US-VISIT 1.0'' due to
insufficient justification regarding the use of such funds.
US-VISIT is encouraged to continue planning efforts for
modernization of IDENT, including ensuring that it can
operate efficiently to meet the growing and evolving needs of
its users and provide the critical capabilities necessary for
our Nation's security. IDENT modernization should be outlined
in the US-VISIT investment and management plan.

Office of Health Affairs

A total of $167,449,000 is provided for the Office of
Health Affairs (OHA). The Assistant Secretary for the OHA is
directed to provide an expenditure plan that includes a
description by line item and distinct activity, with the
expenditures subdivided by quarter, within 60 days after the
date of enactment of this Act. Further, OHA is directed to
comply with the direction included in Departmental Management
and Operations, ``Office of the Chief Financial Officer''
with respect to improved budget justifications.
A total of $12,013,000 is provided for the National
Biosurveillance Integration System (NBIS), $5,000,000 above
the budget request, including funds to diversify DHS's
biosurveillance capabilities. OHA is not required to
collocate the National Biosurveillance Integration Center as
directed in the Senate report.
A total of $5,439,000 is provided for the Chemical Defense
Program, of which

[[Page H9547]]

$3,000,000 is provided above the request for at least two
additional demonstration projects, to be competitively
selected.

Federal Emergency Management Agency

SALARIES AND EXPENSES

A total of $895,350,000 is provided for Salaries and
Expenses under what was formerly called ``Management and
Administration.'' When combined with amounts available from
other accounts, a total of $1,031,378,000 is available for
Salaries and Expenses including grant program execution.
The amount provided for this appropriation by PPA is as
follows:
Administrative and Regional Offices........................$110,495,000
Office of National Capital Region Coordination............(5,493,000)
Preparedness and Protection.................................109,873,000
Response....................................................226,228,000
Urban search and rescue response system..................(41,250,000)
Recovery.....................................................78,373,000
Mitigation...................................................43,675,000
Mission Support.............................................219,433,000
Centrally Managed Accounts..................................107,273,000
________________

Total, Salaries and Expenses...........................$895,350,000
FEMA shall provide an expenditure plan no later than 90
days after the date of enactment of this Act. The plan shall
be detailed by the PPA structure as detailed in this
statement and by office. It shall include actual funding from
the prior year, the current fiscal year, and deviations
between the two years. Each year shall include the number of
positions, the number of FTE, the amount for salaries and
benefits, and the amount for the program, showing all sources
of funding. Specific information regarding the transfer of
funding from other appropriations should be included, with
the same level of detail currently provided to the
Committees.
For fiscal year 2013, the budget request for FEMA shall
comply with the direction included in Departmental Management
and Operations under the ``Office of the Chief Financial
Officer'' with respect to improved budget justifications.
Further, the budget request shall be detailed by office and
under the new PPA structure provided and submitted in the
same format as the required expenditure plan for fiscal year
2012.
FEMA is directed to study the feasibility to, on a
quarterly basis, post on the FEMA website a summary of the
financial status of funds appropriated under ``State and
Local Programs.''
FEMA is provided the authority to reprogram funds within
``Salaries and Expenses,'' notwithstanding the requirements
of section 503 of this Act. This temporary authority shall
expire on April 16, 2012.
A provision is included requiring the Administrator to
submit the National Preparedness Report and a comprehensive
plan to implement a system to measure the effectiveness of
grants to State and local communities to the Committees in
fiscal year 2012. Further, $1,400,000, 25 percent of the
funds for the Office of the Administrator, is withheld from
obligation until the Report and the plan are submitted.
Within 90 days of the date of the enactment of this Act,
the Administrator of FEMA, in consultation with the Commander
of the U.S. Army Corps of Engineers (USACE), shall provide a
report on the cost of debris removal. Specifically, the
report shall address the disparity between the cost factors
for the USACE as compared to other options communities have
for debris removal services.

Program, Project, and Activity Restructuring

In order to provide additional visibility, the FEMA
``Salaries and Expenses'' account, formerly the ``Management
and Administration'' account, has been subdivided into PPA
lines. The Administrative and Regional Offices PPA includes
the Office of the Administrator, Office of Policy and Program
Analysis, Office of External Affairs, Disability Integration
and Coordination, Office of Equal Rights, Office of Chief
Counsel, Office of the Chief Financial Officer, Office of
National Capital Region Coordination, Regional Operations,
Federal Coordinating Officers, and Evaluations and
Assessments. The Preparedness and Protection PPA includes the
Office of Preparedness and National Protection, National
Continuity, National Preparedness Directorate, Grants
Programs Directorate, and Technical Assistance. The Response
PPA includes the Office of Response and Recovery, Response
Programs, and Logistics Programs. The Recovery PPA includes
Recovery Programs. The Mitigation PPA includes Mitigation
Programs. The Mission Support PPA includes the Office of the
Associate Administrator, Chief Administrative Officer, Chief
Security Officer, Chief Information Officer, Chief Human
Capital Officer, Chief Procurement Officer, and Regional
Support. The Centrally Managed Accounts PPA includes
centrally managed functions in the Office of the Chief
Financial Officer as well as the Enterprise Operations in the
Office of the Chief Administrative Officer, Chief Information
Officer, and Chief Security Officer. The Emergency Management
Institute is funded under the ``State and Local Programs''
account.

Technical Assistance and Evaluations and Assessments

Funding for activities under Technical Assistance and
Evaluations and Assessments has been provided under this
heading instead of under the ``State and Local Programs''
account as in previous years. A total of $10,000,000 is
provided for Technical Assistance within the new Preparedness
and Protection PPA, and $10,000,000 is provided for
Evaluations and Assessments within the new Administrative and
Regional Offices PPA.

Facilities Management

A total of $12,000,000 is provided for capital improvements
at Mount Weather, as requested. Additionally, $5,000,000
above the requested amount is provided to address unfunded
repairs and capital improvement on priority projects across
FEMA. None of these funds may be obligated until five days
after the Chief Financial Officer (CFO) of FEMA briefs the
Committees on an execution plan for these funds.

Automation Modernization

A total of $13,662,000 is provided for FEMA to address
automation modernization requirements. None of these funds
may be obligated until five days after the CFO and the Chief
Information Officer (CIO) of FEMA brief the Committees on the
execution plan for these funds. A provision is included
requiring FEMA to provide a strategic plan within 180 days
after the date of enactment of this Act to modernize its
automation and information systems. As noted in both the
Senate and House reports, a recent OIG report (OIG-11-69)
highlighted a systemic information management and systems
problem within FEMA which leaves the Agency less able to
efficiently and effectively accomplish its mission. FEMA
relies on a time consuming and manual process to estimate its
needs for disaster relief funding. Further, FEMA has been
unable to quantify National preparedness capabilities, and
gaps in capabilities, despite Congress's call to do so since
before 2007. Lastly, FEMA is unable to efficiently work with
partners in homeland security and emergency management due to
a lack of comparable technology capability.
The lack of a comprehensive approach and needed investments
to modernize systems has also left FEMA less able to
integrate the preparedness, prevention, response, mitigation,
and recovery missions with which it is charged. The funding
and planning requirement established in the Act is to provide
the means and the direction for FEMA to modernize for better
performance and future cost savings. FEMA shall include the
DHS CIO in planning efforts to ensure compatibility with DHS
systems where practicable. Further, the needs of the Office
of National Capital Region Coordination (ONCRC) shall be
considered in the automation and information systems
strategy. The Deputy Administrator is directed to brief the
Committees within 45 days after the date of the enactment of
this Act regarding the implementation of the findings of OIG
report OIG-11-69, and the initial effort to formulate the
modernization plan for each major component within FEMA.
These requirements are in lieu of separate requirements
addressed in Senate and House reports with respect to the
information technology and modernization within the CIO,
Preparedness and Protection, Recovery, Mission Support, and
the ONCRC.
Funding for data center migration is not included in this
account but is instead addressed under General Provisions in
Title V.

Disaster Relief Fund Financial Management Policy

Within 90 days after the date of the enactment of this Act,
the Administrator and the CFO of FEMA shall develop a policy
and issue guidance on the implementation of the restriction
to immediate needs funding, or any other spending
restrictions administratively imposed in the Disaster Relief
Fund (DRF). This policy shall include thresholds for when a
restriction will be implemented and identify which programs
are impacted under the restriction. FEMA shall brief the
Committees within 90 days after the date of the enactment of
this Act on the completed policy. Further, FEMA is directed
to notify the Committees no later than 15 days prior to the
implementation of immediate needs funding restrictions, to
the extent practicable.
To improve the validity and veracity of requests for
disaster relief funding in future budgets, the Administrator
and the CFO of FEMA shall develop policy and guidance that
defines the methodology used to formulate the budget estimate
for the DRF. The policy shall be consistent with the Budget
and Control Act and shall include a clear description of the
data used as a basis for the request, the office responsible
for providing the data, and the source(s) of data used. The
Office of the Administrator and the CFO of FEMA shall brief
the Committees within 90 days of the date of the enactment of
this Act on the proposed policy and guidance. Using this
policy and guidance, the CFO of FEMA shall work with a
qualified third party organization to review the methodology
and create estimating tools that will enable rigorous and
more consistent forecasting of the requirements for the
Disaster Relief Fund. Up to $500,000 is provided for this
effort. The Committees shall be regularly briefed by the CFO
on the status of the project.
Further, to improve the management of the DRF and
assistance programs, FEMA needs to improve the quality and
timeliness of project worksheets for public assistance
grants, as well as the process for sharing that information
with regional offices, FEMA headquarters, and the Office of
Management and Budget (OMB). Therefore,

[[Page H9548]]

FEMA shall work with the Homeland Security Studies and
Analysis Institute, or an independent organization with
expertise in grants management, to review the project
worksheet process and flow of information, and provide a
report to the Committees no later than May 1, 2012. The
organization shall provide recommendations to FEMA and the
Committees on how to improve the collection and sharing of
grant information between the regions, FEMA headquarters, and
OMB. The review shall include a delineation of the time an
application, or an application appeal, currently spends at
each office and stage of the process including the joint
field office, FEMA regional office, FEMA headquarters, DHS,
and OMB; and ways to streamline the information and reduce
the time needed to adjudicate applications.

Office of the National Capital Region Coordination

A total of $5,493,000 is provided for the ONCRC. The ONCRC
was created to oversee and coordinate Federal programs for
and relationships with State, local, and regional authorities
in the National Capital Region. Strides have been made in
coordinating efforts, especially among the State and local
partners, however, there is much more to do, especially in
regard to coordination and communication among Federal
entities in the area. The Office of the Administrator of
FEMA, in conjunction with ONCRC, shall provide a briefing
within 60 days after the date of enactment of this Act, on a
clear strategy and an action plan to ensure that ONCRC
activities are focused in the most efficient and effective
manner. The briefing shall provide an understanding of
specific outcomes of the ONCRC for fiscal year 2012, and
the timeframe in which they will be completed. Further,
the Administrator of FEMA is directed to comply with
section 882 of the Homeland Security Act of 2002 with
respect to the submission of the ONCRC annual report. The
annual report shall be submitted within 60 days of the
date of enactment of this Act.
A provision is continued requiring the inclusion of the
Governors of the State of West Virginia and the Commonwealth
of Pennsylvania in the National Capital Region decision-
making and planning process for mass evacuation.

Urban Search and Rescue

A total of $41,250,000 is for the Urban Search and Rescue
Response System, an increase of $6,070,000 over fiscal year
2011. The increase provides for updating the chemical,
biological, radiological, nuclear, or explosives equipment
for existing teams and to add an additional team, if
warranted, to ensure adequate response times and coverage
across the Nation. None of the additional funds provided may
be obligated until five days after FEMA briefs the Committees
on the requirements and justification for the expenditure of
funds. FEMA is directed to provide the details of the
complete review of the System without delay.

Unaccompanied Minors Registry

A total of no less than $500,000 is provided to automate
the unaccompanied minors registry and call center as directed
in the Senate report.

Presidential Policy Directive--8

The Conferees are pleased the National Preparedness Goal
was submitted this past September, in accordance with the
Presidential Policy Directive--8, and expect to receive a
report describing the National Preparedness System before
January 2012. Within 15 days after receiving the report, FEMA
shall brief the Committees on the recommendations of the
report, timelines for their implementation, and their
budgetary impacts.

STATE AND LOCAL PROGRAMS

(Including Transfer of Funds)

A total of $1,349,681,000 is provided for State and Local
programs. The amount provided for this appropriation by PPA
is as follows:
State and Local Programs Grants..........................$1,118,000,000
Education, Training, and Exercises:
Emergency Management Institute.............................16,181,000
Center for Domestic Preparedness...........................62,500,000
National Domestic Preparedness Consortium..................93,000,000
National Exercise Program..................................34,000,000
Continuing Training........................................26,000,000
________________

Subtotal, Education, Training, and Exercises............231,681,000
________________

Total, State and Local Programs....................$1,349,681,000
The funds provided for State and Local Program grants are
to be allocated according to threat, vulnerability, and
consequence to assist high-risk urban areas, States, local
and Tribal governments, and other homeland security partners
in preventing, preparing for, protecting against, and
responding to acts of terrorism. Congress has appropriated
over $34,000,000,000 to homeland security grants to date to
build first responder capabilities and secure infrastructure.
Given the current fiscal climate, the Department should work
with the appropriate Committees of jurisdiction to clearly
define the Federal role and reassess the most effective
delivery of support and resources to sustain and improve
homeland security capabilities.
The Secretary and the Administrator of FEMA are directed to
study the current grant programs in order to make them the
most effective and to reduce impediments to the timely
expenditure of homeland security grant funds. The results of
such study shall be provided to the Committees in conjunction
with the required comprehensive plan to implement a system to
measure the effectiveness of grants.
Several provisions are included related to grant
administration. Grant guidance shall be issued within 60
days, applicants shall apply within 80 days, and award
decisions shall be made within 65 days. Grantees may not use
more than 5 percent of a grant for grant administration and
shall provide reports on the use of funds as determined
necessary by the Secretary. The installation of
communications towers is not considered construction under
State Homeland Security Grants and the Urban Area Security
Initiative.
A provision is included allowing the Center for Domestic
Preparedness to train certain emergency personnel provided it
does not interfere with the primary mission to train state
and local emergency response providers.
Funding for the Emergency Management Institute is provided
under this heading, instead of under ``Salaries and
Expenses'' (formerly ``Management and Administration'') as in
previous years.
The Department shall brief the Committees on steps taken to
ensure community leaders and grantees have the same threat,
vulnerability, and consequence information that is available
to the Department to ensure applications reflect true risk.
The GAO is no longer required to monitor the development of
any system to measure the effectiveness of the grant programs
as directed in the House report.
FEMA is required to provide a report on the accomplishments
of the Regional Catastrophic Preparedness Grant Program,
including how successes can be transitioned to and sustained
through future catastrophic planning efforts.
As addressed in both the Senate and House reports, the
continued slow expenditure of funds is concerning. FEMA is
directed to brief the Committees no later than 90 days after
the date of enactment of this Act on plans to expedite the
expenditure of funds for interoperable emergency
communications, port security, and transit security grants.
Particular attention should be placed on funds that were
appropriated prior to fiscal year 2008.

FIREFIGHTER ASSISTANCE GRANTS

A total of $675,000,000 is provided for Firefighter
Assistance Grants including $337,500,000 for firefighter
assistance grants and $337,500,000 for firefighter staffing
grants. FEMA is directed to continue the present practice of
funding applications according to local priorities and those
established by the United States Fire Administration, to
maintain an all-hazards focus, and to grant funds for
eligible activities in accordance with the authorizing
statute. FEMA is required to continue the current grant
application and review process as specified in the House
report.

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

A total of $350,000,000 is provided for Emergency
Management Performance Grants.

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

Statutory language is included providing for the receipt
and expenditure of fees collected, as authorized by P.L. 105-
276.

UNITED STATES FIRE ADMINISTRATION

A total of $44,038,000 is provided for the United States
Fire Administration.

DISASTER RELIEF FUND

(Including Transfer of Funds)

A total of $7,000,000,000 is provided in this conference
agreement for the Disaster Relief Fund formerly called
``Disaster Relief.'' The conferees anticipate that an
additional $6,400,000,000 that is designated for major
disasters pursuant to 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 will be provided in
legislation that is being considered in parallel to this
conference agreement. Therefore, a total amount of
$7,100,000,000 will be provided for the Disaster Relief Fund
for fiscal year 2012 consistent with estimates provided by
the Director of the Office of Management and Budget in a
letter dated October 19, 2011, and by the Secretary of
Homeland Security in the report titled ``Disaster Relief
Funding Requirements'' dated October 21, 2011, pursuant to
the legislative requirement in Section 125 of H.R. 2017
(Public Law 112-36). Of the funds provided in this conference
agreement, $24,000,000 shall be transferred to the DHS OIG
for audits and investigations related to disasters.
A provision is included amending Public Law 110-161 which
exempts FEMA from the permanent requirement to submit a
monthly ``Disaster Relief'' report. A new provision is
included updating the timeframes and information which FEMA
must report to the Committees on the Disaster Relief Fund.
This provision reduces the burden of reporting by FEMA and
allows for better oversight of funding requirements by the
Committees. There are several previous reporting requirements
which are deleted altogether. FEMA is cautioned that such
data could be required

[[Page H9549]]

in the future after a catastrophic event, and FEMA should
therefore not lose the capacity to track and provide such
information including: Mission Assignment obligations and
expenditures by Federal agency; credit card costs and
purchases by DHS agencies; and sole source contracts.
A report on the expenditure of funds for disaster readiness
and support, including quarterly updates, is required, as in
previous years.
A requirement is included in this statement under FEMA
Salaries and Expenses to improve DRF budget estimates.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

A total of $295,000 is provided for the cost of direct
loans.

FLOOD HAZARD MAPPING AND RISK ANALYSIS

A total of $97,712,000 is provided for flood hazard mapping
and risk analysis.
FEMA is directed to provide no less than 20 percent of the
funds provided under this heading for map updates and
maintenance conducted by Cooperating Technical Partners
(CTPs) that provide at least a 25 percent cash match and have
a strong record of working effectively with FEMA on
floodplain mapping activities.

NATIONAL FLOOD INSURANCE FUND

A total of $22,000,000 is provided for salaries and
expenses and $149,000,000 for flood plain management and
mapping. Further, $10,000,000 is provided for the severe
repetitive loss program.

NATIONAL PREDISASTER MITIGATION FUND

A total of $35,500,000 is provided for National Predisaster
Mitigation Fund. The unobligated balance from previous years
is $173,259,000.

EMERGENCY FOOD AND SHELTER

A total of $120,000,000 is provided for the Emergency Food
and Shelter program.

TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

United States Citizenship And Immigration Services

A total of $102,424,000 is provided in discretionary
appropriations for USCIS for E-Verify.

Fee Funded Programs

USCIS operations that have been funded through fee revenue
should continue to be funded in that manner, including the
processing of refugee and asylum claims, Systematic Alien
Verification for Entitlements (SAVE), and immigrant
integration activities. USCIS is directed to include these
costs in its revised fee schedule in recognition of the fact
that no additional appropriations will be available to cover
the costs of these activities. Further, the table at the end
of this statement is updated to reflect these activities as
funded through fee collections and includes new projections
from USCIS. The requirement in the House report regarding
quarterly briefings on fee revenues and obligations is
incorporated into the user fee report requirement addressed
in this statement under the heading ``Office of the Chief
Financial Officer.''

Digitization Efforts

USCIS, ICE, and the Executive Office of Immigration Review
are directed to brief the Committees on use of digitized
records, as required in the House report, no later than March
1, 2012. USCIS is also directed to provide no less than
$29,000,000 to continue conversion of immigration records to
digital format.

Systematic Alien Verification for Entitlements

Due to current budgetary constraints, the SAVE program must
continue to be funded through user fees and other USCIS fee
revenues. USCIS shall explore all opportunities to reduce the
burden on State and local benefits agencies that serve as a
disincentive to participation. Additionally, USCIS shall
ensure that improvements to the Verification Information
System benefit both E-Verify and SAVE users.

REAL ID

The Department is directed to brief the Committees no later
than April 13, 2012, on the steps being taken to encourage
the States to draw down these funds, the progress on draw
down, and the specific reasons by jurisdiction for the delay
in draw down, as directed in the House report.

Immigrant Integration Grants

Section 551 is included providing $10,000,000 for immigrant
integration grants from fee revenue. No more than five
percent of the amount of funds utilized for immigrant
integration grants can be used to administer the program.

Federal Law Enforcement Training Center

SALARIES AND EXPENSES

A total of $238,957,000 is provided for ``Salaries and
Expenses,'' as requested. Within the funds provided,
$29,716,000 is for Management and Administration and
$1,304,000 is for the Federal Law Enforcement Training
Accreditation Board.

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

A total of $32,456,000 is provided for ``Acquisitions,
Construction, Improvements, and Related Expenses.''

Science And Technology

MANAGEMENT AND ADMINISTRATION

A total of $135,000,000 is provided for ``Management and
Administration,'' including not to exceed $8,500 for official
reception and representation expenses.

Research, Development, Acquisition, and Operations

A total of $533,000,000 is provided for ``Research,
Development, Acquisition, and Operations,'' including
$265,783,000 for a new consolidated ``Research, Development,
and Innovation'' (RDI) PPA in lieu of the previous, more
detailed program areas. Funding is available for three years,
except Laboratory Facilities funding, which is available for
five years.
The amount provided for this appropriation by PPA is as
follows:
Research, Development, and Innovation......................$265,783,000
Laboratory Facilities (Operations and Construction).........176,500,000
Acquisition and Operations Support...........................54,154,000
University Programs..........................................36,563,000
________________

Total, Research, Development, Acquisition and Operations...$533,000,000

Research, Development, and Innovation

The new PPA for RDI will enable S&T to more quickly shift
resources, if necessary, between research activities without
formal reprogramming or transfer actions. In some instances,
research activity may straddle several different missions and
thrust areas. S&T and the Department must prioritize this
consolidated research budget, which is substantially reduced
from recent fiscal years, to focus on areas with the greatest
promise for delivering material improvements or tangible
contributions to homeland security missions in the near term.
This flexibility in funding should facilitate that effort and
partially offset the impact of an overall funding reduction.
However, it remains important for accountability and
visibility into the S&T research program that a more detailed
reporting of research activity be available. Therefore, S&T
is directed to submit to the Committees a detailed breakout
of RDI funding by research thrust areas and by project, based
on the categories presented in the budget justification
materials, no later than 30 days after the date of enactment
of this Act, and to submit quarterly updates thereafter.

Apex Research Projects

The Apex initiative focuses on high-priority, high-value
projects expected to produce results to solve a homeland
security challenge in the near term. To provide the best
oversight over these programs, S&T is directed to brief the
Committees before initiating any new Apex projects, as
specified in the House report. S&T and the Secret Service
shall brief the Committees no later than 60 days after the
date of enactment of this Act on the protective technology
project, to include a progress report and a schedule for test
and evaluation under operational conditions.

Resilience and Cybersecurity

S&T is encouraged to continue to support competitively
awarded research into disaster resilience with universities
and Federal research centers, as well as cybersecurity
research and development, as discussed in the Senate report.

Laboratory Facilities (Operations and Construction)

A total of $176,500,000 is provided for Laboratory
Facilities (Operations and Construction), of which
$50,000,000 shall be to support the construction of the
National Bio- and Agro-defense Facility (NBAF), and of which
$18,200,000 shall be for infrastructure upgrades at the
Transportation Security Laboratory as requested. Section 550
in the Act restricts funds appropriated in this Act for NBAF
construction until the Department of Homeland Security
completes 50 percent design planning for the NBAF, submits a
revised site-specific biosafety and biosecurity mitigation
risk assessment, and submits the National Academy of
Sciences' review of the revised risk assessment. In addition,
the revised site-specific biosafety and biosecurity
mitigation risk assessment is to include a plan for
expenditure of funds related to NBAF construction and a
revised estimate of the total construction costs to complete
the facility.

Nuclear and Radiological Response and Recovery

While funding for general transformational research and
development of nuclear and radiological threat detection is
funded within the Domestic Nuclear Detection Office (DNDO),
S&T is directed as part of its fiscal year 2013 budget to
give priority to research and development of technology for
response and recovery from nuclear or radiological attacks or
disasters, as part of its broader support of homeland
security response and recovery requirements.

Acquisition and Operations Support

A total of $54,154,000 is provided for ``Acquisition and
Operations Support.'' S&T is directed to provide no less than
$6,641,000, as requested, for the establishment of policies
and procedures for test and evaluation activities and to
monitor and coordinate them across the Department's
acquisition framework.

Domestic Nuclear Detection Office

MANAGEMENT AND ADMINISTRATION

A total of $38,000,000 is provided for ``Management and
Administration.'' the Secretary

[[Page H9550]]

is directed to submit to the Committees no later than 180
days after the date of enactment of this Act a strategic plan
of investments necessary to implement the Department's
responsibilities under the domestic component of the Global
Nuclear Detection Architecture (GNDA), as required by this
Act.

RESEARCH, DEVELOPMENT, AND OPERATIONS

A total of $215,000,000 is provided for ``Research,
Development, and Operations.''
The amount provided for this appropriation by PPA is as
follows:
Systems Engineering and Architecture........................$30,000,000
Systems Development..........................................51,000,000
Transformational Research and Development....................40,000,000
Assessments..................................................38,000,000
Operations Support...........................................33,000,000
National Technical Nuclear Forensics Center..................23,000,000
________________

Total, Research, Development, and Operations...............$215,000,000

Semi-Annual Briefings

In lieu of quarterly briefings, as directed in the House
and Senate reports, DNDO is directed to brief the Committees
semi-annually on program updates and to provide periodic
updates on any new threats, research, and studies and
assessments related to the GNDA. Semi- annual program
briefings shall also cover emergent technology solutions
being explored by DNDO, such as the human portable
tripwire program; cargo scanning technologies for air,
land, and sea ports of entry; long-range detection; small
vessel standoff detection; and related programs. Briefings
shall include available test and evaluation results.

Systems Engineering and Architecture

Funding for DNDO's proposed Mission Critical Messaging
program is provided to enhance situational awareness of the
GNDA.

Systems Development

In lieu of the requirement for an evaluation of DNDO's
acquisitions funding and the appropriateness of consolidating
DNDO's ``Systems Development'' and ``Test and Evaluation
Infrastructure Operations'' activities within the
Department's Science and Technology Directorate, language is
included under the ``Office of the Chief Financial Officer''
heading in this statement regarding an assessment of the
Department's acquisition organization and performance in
support of its nuclear detection mission.

Transformational Research and Development

The Department's request to transfer radiological and
nuclear research and development from DNDO to the
Department's Science and Technology Directorate is denied.
Instead, a total of $40,000,000 is provided for
Transformational Research and Development (R&D).
The conferees recognize that transformational R&D is funded
at a substantially reduced level when compared to prior
fiscal years and urge DNDO to leverage partnerships within
the Department and the interagency community to realize the
Office's radiological and nuclear research objectives. DNDO
is directed to provide a detailed breakout no later than 60
days after the date of enactment of this Act of how it
intends to fund transformational R&D activities at the
reduced appropriations level, as directed in the House
report.

SYSTEMS ACQUISITION

A total of $37,000,000 is provided for ``Systems
Acquisition.''
The amount provided for this appropriation by PPA is as
follows:

Radiation Portal Monitor Program.............................$7,000,000
Securing the Cities..........................................22,000,000
Human Portable Radiation Detection System.....................8,000,000
________________

Total, Systems Acquisition..................................$37,000,000

Radiation Portal Monitor Program

A total of $7,000,000 is provided for the Radiation Portal
Monitor (RPM) program. Reductions from the request are made
in light of the Secretary's decision to cancel the Advanced
Spectroscopic Portal (ASP) program as communicated in the
Secretary's letter of October 3, 2011, to the Committees. As
a result of the Secretary's decision, bill language
restricting deployment of ASP is not included. If a successor
program is initiated by the Department, the Committees are to
be notified.

Securing the Cities

A total of $22,000,000 is provided for the Securing the
Cities (STC) program, which includes $2,000,000 for a new STC
location beyond the New York pilot. In lieu of the reports
required by the House and Senate on the STC program, DNDO is
directed to provide a report, before committing funds to a
new STC location, that: (1) Provides an evaluation of the New
York STC pilot, including lessons learned for future STC
sites and corrective actions that are being taken, or will be
taken, to reconcile deficiencies identified in exercises and
reviews; (2) details efforts to establish a model for STC
lifecycle costs; (3) delineates performance measures that
will be used to evaluate STC sites; and (4) outlines plans
for a Federal transition strategy for the existing and new
STC location.
In lieu of quarterly briefings, as directed in the House
report, DNDO is directed to provide periodic briefings on the
Securing the Cities program, with the first briefing to be
scheduled after the Committees receive the report assessing
the 2011 STC exercise in New York City.

TITLE V--GENERAL PROVISIONS

Section 501. A provision proposed by the House and Senate
is continued that no part of any appropriation shall remain
available for obligation beyond the current year unless
expressly provided.
Section 502. A provision proposed by the House and Senate
is continued that unexpended balances of prior appropriations
may be merged with new appropriation accounts and used for
the same purpose, subject to reprogramming guidelines.
Section 503. A provision proposed by the Senate is
continued that provides authority to reprogram appropriations
within an account and to transfer up to 5 percent between
appropriations accounts with 15-day advance notification to
the Committees. The House proposed a similar provision. A
detailed funding table identifying programs, projects, and
activities is included at the end of this statement. This
table along with funding levels specified in the report shall
serve as the control level for all reprogrammings. These
reprogramming guidelines shall be complied with by all
agencies funded by this Act.
The Department shall submit reprogramming requests on a
timely basis and provide complete explanations of the
reallocations proposed, including detailed justifications of
the increases and offsets, and any specific impact the
proposed changes will have on the budget request for the
following fiscal year and future-year appropriations
requirements. Each request submitted to the Committees should
include a detailed table showing the proposed revisions at
the account, program, project, and activity level to the
funding and staffing (full-time equivalent position) levels
for the current fiscal year and to the levels requested in
the President's budget for the following fiscal year.
The Department shall manage its programs and activities
within the levels appropriated. The Department should only
submit reprogramming or transfer requests in the case of an
unforeseeable emergency or situation that could not have been
predicted when formulating the budget request for the current
fiscal year. When the Department submits a reprogramming or
transfer request to the Committees and does not receive
identical responses from the House and Senate, it is the
responsibility of the Department to reconcile the House and
Senate differences before proceeding, and if reconciliation
is not possible, to consider the reprogramming or transfer
request not approved.
The Department is not to submit a reprogramming or transfer
of funds after June 30 except in extraordinary circumstances,
which imminently threaten the safety of human life or the
protection of property. If a reprogramming or transfer is
needed after June 30, the notice should contain sufficient
documentation as to why it meets this statutory exception.
Subsection (e), added in the fiscal year 2011 year-long
continuing resolution, is included to ensure that funds that
are deobligated by the Department are also subject to the
reprogramming and transfer guidelines and requirements set
forth in this section.
Section 504. A provision proposed by the House and Senate
is continued that prohibits funds appropriated or otherwise
made available to the Department to make payment to the
Department's Working Capital Fund, except for activities and
amounts allowed in the President's fiscal year 2012 request.
Funds provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the contributing component. Any funds paid in
advance or reimbursed must reflect the full cost of each
service. The WCF shall be subject to the requirements of
section 503 of this Act.
Section 505. A provision proposed by the House and Senate
is continued that not to exceed 50 percent of unobligated
balances remaining at the end of fiscal year 2012 from
appropriations made for salaries and expenses shall remain
available through fiscal year 2013 subject to section 503
reprogramming guidelines.
Section 506. A provision proposed by the House and Senate
is continued that funds for intelligence activities are
deemed to be specifically authorized during fiscal year 2012
until the enactment of an Act authorizing intelligence
activities for fiscal year 2012.
Section 507. A provision proposed by the House and Senate
is continued and modified requiring notification of the
Committees three days before grant allocations, grant awards,
contract awards, other transactional agreements, letters of
intent, or a task or delivery order on a multiple contract
award totaling $1,000,000 or more, or a task or delivery
order greater than $10,000,000 from multi-year funds, is
announced by the Department, including contracts covered by
the Federal Acquisition Regulation. The Department is
required to brief the Committees 5 full business days prior
to announcing the intention to make a grant under State and
Local Programs. Notification shall include a description of
the project or projects to be funded, including city, county,
and State.
Section 508. A provision proposed by the House and Senate
is continued that no agency shall purchase, construct, or
lease additional facilities for Federal law enforcement
training without advance approval of the Committees.

[[Page H9551]]

Section 509. A provision proposed by the House and Senate
is continued that none of the funds may be used for any
construction, repair, alteration, and acquisition project for
which a prospectus, if required under chapter 33 of title 40,
United States Code, has not been approved.
Section 510. A provision proposed by the House and Senate
is continued and modified that consolidates by reference
prior year statutory bill language into one provision. These
provisions relate to contracting officer's technical
representative training; sensitive security information; and
the use of funds in conformance with section 303 of the
Energy Policy Act of 1992.
Section 511. A provision proposed by the House and Senate
is continued that none of the funds may be used in
contravention of the Buy American Act.
Section 512. A provision proposed by the House and Senate
is continued and modified on reporting requirements of the
privacy officer.
Section 513. A provision proposed by the House and Senate
is continued regarding the oath of allegiance required by
section 337 of the Immigration and Nationality Act.
Section 514. A provision proposed by the House and Senate
is continued requiring the Chief Financial Officer to submit
monthly budget execution and staffing reports within 45 days
after the close of each month.
Section 515. A provision proposed by the Senate is
continued regarding the competitive sourcing for United
States Citizenship and Immigration Services. The House
proposed no similar provision.
Section 516. A provision proposed by the Senate is
continued and modified directing that any funds appropriated
or transferred to TSA ``Aviation Security'',
``Administration'', and ``Transportation Security Support''
in fiscal years 2004 and 2005 that are recovered or
deobligated shall be available only for procurement and
installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to
notification. Quarterly reports must be submitted identifying
any funds that are recovered or deobligated. The House
proposed a similar provision.
Section 517. A provision proposed by the House and Senate
is continued for fiscal year 2012 requiring that any funds
appropriated to the Coast Guard's 110-123 foot patrol boat
conversion that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or
litigation, shall be available until expended for the Fast
Response Cutter program.
Section 518. A provision proposed by the House and Senate
is continued for fiscal year 2012 relating to undercover
investigative operations authority of the U.S. Secret
Service.
Section 519. A provision proposed by the House and Senate
is continued classifying the functions of the instructor
staff at the Federal Law Enforcement Training Center as
inherently governmental for purposes of the Federal
Activities Inventory Reform Act.
Section 520. A provision proposed by the House and Senate
is continued prohibiting the obligation of funds to the
Office of the Secretary and Executive Management, the Office
of the Under Secretary for Management, and the Office of the
Chief Financial Officer for grants or contracts awarded by
any means other than full and open competition. Certain
exceptions apply, and this provision does not require new
competitions of existing contracts during their current
terms. It also requires the Inspector General to review
Departmental contracts awarded noncompetitively and report on
the results to the Committees.
Section 521. A provision proposed by the House is continued
and modified that prohibits funding pertaining to the
Principal Federal Official during a Stafford Act declared
disaster or emergency, with certain exceptions. The Senate
proposed no similar provision.
Section 522. A provision proposed by the Senate is
continued and made permanent regarding the enforcement of
section 4025(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3724)
regarding butane lighters. The House proposed a similar
provision.
Section 523. A provision proposed by the House and Senate
is continued that precludes DHS from using funds in this Act
to carry out reorganization authority. This prohibition is
not intended to prevent the Department from carrying out
routine or small reallocations of personnel or functions
within components, subject to Section 503 of this Act. This
language prevents large scale reorganization of the
Department, which should be acted on legislatively by the
relevant Congressional committees of jurisdiction.
Section 524. A provision proposed by the Senate is
continued prohibiting the Secretary from reducing operations
within the Coast Guard's Civil Engineering Program except as
specifically authorized by a statute enacted after the date
of enactment of this Act. The House proposed no similar
provision.
Section 525. A provision proposed by the House and Senate
is included prohibiting funding to grant an immigration
benefit to any individual unless the results of background
checks required by statute to be completed prior to the grant
of benefit have been received by DHS.
Section 526. A provision proposed by the House and Senate
is continued, modified, and made permanent prohibiting use of
funds to destroy or put out to pasture any horse or other
equine belonging to any component or agency of DHS unless
adoption has been offered first.
Section 527. A provision proposed by the Senate is included
extending other transactional authority for DHS through
fiscal year 2012 and eliminates a GAO reporting requirement
that is no longer necessary. The House proposed a similar
provision.
Section 528. A provision proposed by the House and Senate
is continued requiring the Secretary to link all contracts
that provide award fees to successful acquisition outcomes.
Section 529. A provision proposed by the Senate is included
and modified regarding waivers of 16 U.S.C. 501(b). The House
proposed no similar provision.
Section 530. A provision proposed by the House and Senate
is continued and modified prohibiting the obligation of funds
for the Office of the Secretary and Executive Management for
any new hires at DHS if they are not verified through the E-
Verify program.
Section 531. A provision proposed by the Senate is
continued prohibiting funds from being used to reduce the
Coast Guard's Operations Systems Center mission or its
government-employed or contract staff. The House proposed no
similar provision.
Section 532. A provision proposed by the House and Senate
is continued related to prescription drugs.
Section 533. A provision proposed by the Senate is
continued prohibiting funds to be used to conduct or
implement the results of a competition under Office of
Management and Budget Circular A-76 with respect to the Coast
Guard National Vessel Documentation Center. The House
proposed no similar provision.
Section 534. A provision proposed by the House and Senate
is continued requiring the Secretary, in conjunction with the
Secretary of the Treasury, to notify the Committees of any
proposed transfers from the Department of the Treasury
Forfeiture Fund to any agency within DHS. No funds may be
obligated until the Committees approve the proposed
transfers. If the President proposes to rescind Treasury
Forfeiture Funds in his fiscal year 2013 budget, he shall
propose to divide the funds equitably between the Departments
based upon their contributions to the Fund.
Section 535. A provision proposed by the House and Senate
is continued prohibiting funds for planning, testing,
piloting, or developing a national identification card.
Section 536. A provision proposed by the House is continued
requiring the TSA Administrator to certify that no security
risks will result if an airport does not participate in the
E-Verify program. The Senate proposed no similar provision.
Section 537. A provision proposed by the House and Senate
is continued and modified that requires a report, to be
posted on the FEMA website, summarizing damage assessment
information used to determine whether to declare a major
disaster.
Section 538. A provision proposed by the House and Senate
is continued, modified, and made permanent relating to the
liquidation of Plum Island assets and how the proceeds from
such sale may be applied to construction costs of the new
National Bio- and Agro-defense Facility.
Section 539. A provision proposed by the House and Senate
is continued directing that any official required by this Act
to report or to certify to the Committees on Appropriations
may not delegate any authority unless expressly authorized to
do so in this Act.
Section 540. A provision proposed by the Senate is
continued extending the risk-based security standards for
chemical facilities cited in section 550 of Public Law 109-
295, as amended, for one year. The House proposed a similar
provision.
Section 541. A provision proposed by the Senate is
continued prohibiting the use of funds for the transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba. The House proposed a similar
provision.
Section 542. A provision proposed by the House and Senate
is continued prohibiting funds in this Act to be used for
first-class travel.
Section 543. A provision proposed by the House and Senate
is continued prohibiting funds in this Act to be used for
adverse personnel actions for employees who use protective
equipment or measures, including surgical masks, N95
respirators, gloves, or hand-sanitizers in the conduct of
their official duties.
Section 544. A provision proposed by the House and Senate
is continued prohibiting funds to be used to employ illegal
workers as described in Section 274A(h)(3) of the Immigration
and Nationality Act.
Section 545. A provision proposed by the Senate is
continued and modified relating to the proper disposal of
personal information collected through the Registered
Traveler program. The House proposed a similar provision.
Section 546. A provision proposed by the Senate is
continued and made permanent regarding the definition of the
term ``rural'' for purposes of section 210C of the Homeland
Security Act of 2002. The House proposed no similar
provision.
Section 547. A provision proposed by the House and Senate
is continued prohibiting funds appropriated or otherwise made
available by this Act to pay for award or incentive fees for
contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.

[[Page H9552]]

Section 548. A provision proposed by the House and Senate
is included that requires the TSA Administrator to submit
biannual reports on how the agency will meet the requirement
to screen 100 percent of air cargo transportation on
passenger aircraft arriving in the United States. TSA has
indicated they will not be able to meet the 9/11 Act deadline
for this subset of air cargo.
Section 549. A provision proposed by the House and Senate
is included that requires any new processes developed to
screen aviation passengers and crews for transportation or
national security to consider privacy and civil liberties,
consistent with applicable laws, regulations, and guidance.
Section 550. A provision proposed by the Senate is included
and modified pertaining to the construction of the National
Bio- and Agro-defense Facility in Manhattan, Kansas. The
House proposed no similar provision.
Section 551. A provision proposed by the House is included
and modified that makes deposits into the Immigration
Examinations Fee Account available to United States
Citizenship and Immigration Services for the purposes of
providing immigrant integration grants of $10,000,000 in
fiscal year 2012. The Senate provided funding for this
activity under the USCIS heading.
Section 552. A provision proposed by the Senate is included
and modified providing $7,500,000 for the Federal Emergency
Management Agency to reimburse costs incurred by State and
local governments affected by National Special Security
Events, including use of services, personnel, equipment, and
facilities. The House proposed no similar provision.
Section 553. A provision proposed by the Senate is included
providing some flexibility to the Department for financing a
response to an immigration emergency, subject to
notification. The House proposed no similar provision.
Section 554. A provision proposed by the Senate is included
permitting administrative law judges to be available
temporarily to serve on an arbitration panel as needed for
cases related to Hurricanes Katrina and Rita. The House
proposed no similar provision.
Section 555. A provision proposed by the Senate is included
prohibiting funds appropriated or otherwise made available by
this Act for DHS to enter into a Federal contract unless the
contract meets requirements of the Federal Property and
Administrative Services Act of 1949 or Chapter 137 of title
10 U.S.C., and the Federal Acquisition Regulation, unless the
contract is otherwise authorized by statute without regard to
this section. The House proposed no similar provision.
Section 556. A provision proposed by the Senate is included
and modified providing $70,000,000 for data center migration
activities to be allocated by the Secretary and allowing the
Secretary to transfer data center migration funds made
available by this Act between appropriations after notifying
the Committees 15 days in advance. The House proposed no
similar provision.
Section 557. A provision proposed by the Senate is included
and made permanent allowing the Advanced Training Center to
charge fees for any service or thing of value it provides to
the Federal Government or non-government entities or
individuals, so long as the fee does not exceed the full
costs associated with the service or thing of value. The
House proposed no similar provision.
Section 558. A provision proposed by the Senate is included
relating to the sale of LORAN properties. The House proposed
no similar provision.
Section 559. A provision proposed by the Senate is included
and modified permitting the Department to sell ICE-owned
detention facilities and use the proceeds from any sale for
improvement to other facilities provided that any such sale
will not result in the maintenance of less than 34,000
detention beds. The House proposed no similar provision.
Section 560. A provision proposed by the Senate is included
providing a total of $55,979,000 for consolidation of the new
DHS headquarters at St. Elizabeths and consolidation of
mission support activities. The House proposed no similar
provision.
Section 561. A provision proposed by the House and Senate
is included for fiscal year 2012 requiring that SAFER grants
shall be used to retain firefighters, instead of only for
increasing the number of firefighters. The provision also
prohibits funds to be used to enforce certain requirements of
the Federal Fire Prevention and Control Act of 1974 related
to the program.
Section 562. A provision proposed by the Senate is included
for fiscal year 2011 requiring that Staffing for Adequate
Fire and Emergency Response (SAFER) grants shall be used to
retain firefighters, instead of only for increasing the
number of firefighters. The provision also prohibits funds to
be used to enforce certain requirements of the Federal Fire
Prevention and Control Act of 1974 related to the program.
The House proposed no similar provision.
Section 563. A provision proposed by the Senate is included
pertaining to future spills of national significance and
reimbursement for the Coast Guard. The House proposed no
similar provision.
Section 564. A provision proposed by the Senate is included
and modified to impose increased penalties on individuals who
circumvent security screening at airports. The House proposed
no similar provision.
Section 565. A provision proposed by the Senate is included
and modified related to recoupment of debts in cases where
funds were distributed based on an error made by FEMA. The
House proposed no similar provision.
Section 566. A provision proposed by the Senate is included
regarding reimbursement by FEMA of Small Business
Administration Loans for eligible hazard mitigation activity.
Execution of this authority shall not result in an individual
being reimbursed more than once for the same mitigation
activity. The House proposed no similar provision.
Section 567. A provision proposed by the House is included
and modified prohibiting availability of funds for the
Association of Community Organizations for Reform Now (ACORN)
and its affiliated organizations. The Senate proposed no
similar provision.
Section 568. A new provision is included requiring the
Commissioner of CBP and the Assistant Secretary of ICE to
submit multi-year investment and management plans for funds
executed by their respective Offices of Information
Technology. The House proposed similar provisions under the
headings U.S. Customs and Border Protection ``Automation
Modernization,'' and U.S. Immigration and Customs Enforcement
``Automation Modernization.''
Section 569. A new provision is included stating that the
Secretary shall ensure enforcement of immigration laws.
Section 570. A provision proposed by the House and Senate
is included and modified rescinding unobligated balances made
available to the Department when it was created in 2003.
Section 571. A new provision is included rescinding
unobligated balances in multiple appropriations across the
Department, pursuant to section 505 of Public Law 112-10.
Section 572. A provision is included rescinding unobligated
balances of prior year appropriations in multiple
appropriations across the Department.
Section 573. A provision proposed by the House is continued
and modified to extend the authorization of the National
Flood Insurance Program until the earlier of the date of the
enactment into law of an Act that specifically reauthorizes
or extends the authorization of the program, May 31, 2012.

Provisions Not Adopted

The conference agreement does not include section 547 of
the House bill rescinding $11,300,000 in unobligated balances
from ICE, Construction.
The conference agreement does not include section 558 of
the Senate bill authorizing an increase to aviation security
passenger fees for fiscal year 2012.
The conference agreement does not include section 565 of
the Senate bill making available an additional $18,300,000
until September 30, 2014, designated as emergency and offset
by rescinding unobligated emergency balances, for Coast Guard
to replace a rotary wing airframe.
The conference agreement does not include section 570 of
the Senate bill rescinding $20,000,000 in unobligated prior
year balances from S&T ``Research, Development, Acquisitions,
and Operations.''
The conference agreement does not include section 601 of
the House bill rescinding $500,000,000 from Department of
Energy unobligated balances pursuant to section 129 of P.L.
110-329 and transfers $1,000,000,000 to FEMA Disaster Relief.
The conference agreement does not include section 701 of
the House bill prohibiting new budget authority from
exceeding budget allocation.
The conference agreement does not include section 702 of
the House bill prohibiting use of funds in contravention of
section 642(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.
The conference agreement does not include section 703 of
the House bill prohibiting use of funds to parole an alien or
grant deferred action except on a case-by-case basis for
urgent humanitarian reasons or significant public benefit.
The conference agreement does not include section 704 of
the House bill prohibiting use of funds to require TWIC
applicants to appear at a designated enrollment center for
issuance, renewal, or activation.
The conference agreement does not include section 705 of
the House bill prohibiting use of funds unless in accordance
with Presidential Memorandum--Federal Fleet Performance (May
24, 2011).
The conference agreement does not include section 706 of
the House bill prohibiting use of funds in contravention of
section 44917 of 49 USC (pertaining to Federal Air Marshals).
The conference agreement does not include section 707 of
the House bill prohibiting use of funds for the DHS Climate
Change Adaptation Task Force.
The conference agreement does not include section 710 of
the House bill prohibiting use of funds in contravention of
section 236(c) of the Immigration and Nationality Act.
The conference agreement does not include section 711 of
the House bill prohibiting use of funds for any political
appointee to delay, vacate, or reverse a FOIA decision by a
Privacy Office employee.
The conference agreement does not include section 712 of
the House bill prohibiting use of funds to implement a
determination regarding transportation security officers and
collective bargaining.
The conference agreement does not include section 713 of
the House bill prohibiting use of funds to implement any
rule, regulation, or executive order regarding disclosure of
political contributions.

[[Page H9553]]

The conference agreement does not include section 714 of
the House bill limiting TSA Aviation Security funding for
screener personnel, compensation, and benefits.

CONFERENCE RECOMMENDATIONS

The conference agreement's detailed funding
recommendations, specified by program, project, and activity
level, are contained in the table listed below.

[[Page H9554]]

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

The following statement is an explanation of the effects of
Division E, which makes appropriations for the Department of
the Interior, the Environmental Protection Agency (EPA), the
Forest Service, the Indian Health Service, and related
agencies for fiscal year 2012. Language contained in House
Report 112-151 providing specific guidance to agencies
regarding the administration of appropriated funds and any
corresponding reporting requirements carries the same
emphasis as the language included in this explanatory
statement and should be complied with unless specifically
addressed to the contrary herein.
In instances where the House report speaks more broadly to
policy issues or offers views that are subject to
interpretation, such views remain those of the House and do
not reflect the views of the conferees unless otherwise
repeated in this statement. In cases where the House report
or the statement of managers directs the submission of a
report, such report is to be submitted to both the House and
Senate Committees on Appropriations. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House Subcommittee on Interior, Environment and Related
Agencies and the Senate Subcommittee on Interior, Environment
and Related Agencies.
The conferees expect that each department and agency funded
in this Act will follow the directions set forth in this Act
and the accompanying statement, and will not reallocate
resources or reorganize activities except as provided herein
or otherwise approved by the Committees through the
reprogramming process as described in this report. Funding
levels for appropriations by account, program, and activity,
with comparisons to the fiscal year 2011 enacted level and
the fiscal year 2012 budget request, can be found in the
table at the end of this division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
OVERSIGHT--The EPA, Forest Service, and Department of the
Interior are directed to report to the Committee no later
than 60 days following enactment of this Act on steps taken
to address management weaknesses and implement reforms
identified by the Government Accountability Office (GAO) and
each agency's IG during House oversight hearings held on
March 1, 2011 (Department of the Interior); March 2, 2011
(EPA); and March 10, 2011 (U.S. Forest Service).
Making Litigation Costs Transparent--The EPA, Forest
Service, and Department of the Interior are directed to
provide to the House and Senate Committees on Appropriations,
and make publicly available no later than 60 days after
enactment, detailed Equal Access to Justice Act (EAJA) fee
information as specified in House Report 112-151.
Reprogramming Guidelines--The following are the procedures
governing reprogramming actions for programs and activities
funded in the Department of the Interior, Environment and
Related Agencies Appropriations Act.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one
budget activity, budget line-item or program area, to another
within any appropriation funded in this Act. In cases where
the House Committee report displays an allocation of an
appropriation below that level, that more detailed level
shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes proposed reorganizations,
especially those of significant national or regional
importance, even without a change in funding. Any change to
the organization table presented in the budget justification
shall be subject to this requirement.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval shall be
considered approved 30 calendar days after receipt if the
Committees have posed no objection. However, agencies will be
expected to extend the approval deadline if specifically
requested by either Committee.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected
programs, with the following exceptions:
(a) With regard to the tribal priority allocations of the
Bureau of Indian Affairs, there is no restriction on
reprogrammings among these programs. However, the Bureau
shall report on all reprogrammings made during a given fiscal
year no later than 60 days after the end of the fiscal year.
(b) With regard to the EPA, State and Tribal Assistance
Grants account, the Committee does not require reprogramming
requests associated with States and Tribes Partnership
Grants.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to
a budget activity or budget line item for costs associated
with general agency administrative costs, overhead costs,
working capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, sub-activity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefore are presented to the Committees on Appropriations
in the budget justifications and are subsequently approved by
the Committees. The explanation for any assessment in the
budget justification shall show the amount of the assessment,
the activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process and
shall be subject to the same dollar and reporting criteria as
any other reprogramming.
(c) The conferees direct that each agency or bureau which
utilizes assessments shall submit an annual report to the
Committees which provides details on the use of all funds
assessed from any other budget activity, line item, sub-
activity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or
limited by Congress, or to finance programs or activities
that could be foreseen and included in the normal budget
review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees on Appropriations.
This restriction applies to all such actions regardless of
whether a formal reprogramming of funds is required to begin
the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in the Statement of the
Managers, including those below the monetary thresholds
established above, shall be reported to the Committees within
60 days of the end of each quarter and shall include
cumulative totals for each budget activity, budget line item,
or construction, land acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had a 30-day period in which to examine the proposed
exchange. In addition, the Committees shall be provided
advance notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the House and Senate
Committees on Appropriations.

TITLE I--DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

The bill provides $961,900,000 for Management of Lands and
Resources. The conferees also provide the following
directions:
Wild Horse and Burro Management.--The bill provides
$75,008,000 for wild horse and burro management. The Bureau
of Land Management is encouraged to take all necessary steps
to keep costs under control for this program.
Range Management.--The bill increases funding to address
numerous challenges including completion of grazing permit
renewals; hiring of seasonal employees to ensure timely turn-
out of livestock; annual and trend monitoring of grazing
allotments; and improving the quality of Bureau work on
environmental and other documents related to livestock
grazing, among other range management activities.
Native Plant Program.--The conferees are supportive of the
Bureau of Land Management's existing plant conservation and
native plant materials program and expect the Bureau to
continue to support a robust program through resources
provided under various accounts, including land management,
wildlife management and threatened/endangered species.
Wildlife and Fisheries.--Funding is included throughout
Bureau of Land Management line items for sage grouse habitat
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[[Page H9591]]

conserve the sage grouse. The Bureau should prioritize
research related to White Nose Syndrome in bats and the
inventory and monitoring of bat resources on Bureau-
administered lands.
Energy and Minerals.--The conferees are concerned by rising
energy prices and believe domestic energy production must
increase while also being mindful of the environment and
other competing land uses. To better track royalty payments,
the Department should consider integrating systems that would
allow for remote monitoring and third party verification of
Bureau production. The conferees recommend that the Bureau of
Land Management continue its policy of keeping renewable
energy projects off lands that were donated for conservation
regardless of deed status.
Resource Protection and Maintenance.--The bill provides
$101,707,000 for resource protection and maintenance. Within
resource management planning, the Bureau should allocate at
least $5,000,000 toward revisions of the Resource Management
Plans that contain sage grouse habitat.
In coordination with the Desert Renewable Energy
Conservation Plan process, the Secretary is instructed to
complete a report evaluating the possible Solar Energy Study
Areas in the West Mojave that respect designated off-road
vehicle routes and provide the report to the Committee on
Appropriations within ninety days of enactment of this Act.
In the case of any land exchange involving public land
carried out directly or through a third-party, the Bureau of
Land Management is directed to provide written notice of the
proposed land exchange to each owner of non-Federal land
adjoining a parcel of public land proposed for exchange and
each owner of non-Federal land adjoining the non-Federal land
proposed to be acquired in the exchange. The Secretary shall
determine adjoining landowners using the most recent
available tax records.

CONSTRUCTION

The bill provides $3,576,000 for Construction of which
$2,019,000 is for line item projects. The amount provided
will fully fund construction projects as prioritized by the
Bureau pursuant to the Administration's revised request list
provided to the Committees on June 24, 2011. Requests for
reprogramming will be considered pursuant to the guidelines
in the front of this statement.

LAND ACQUISITION

The bill provides $22,380,000 for Land Acquisition, of
which $1,880,000 is for Acquisition Management; $1,500,000 is
for Inholdings, Emergencies, and Hardships; and $19,000,000
is for Acquisitions.
This amount will fully fund projects 1 through 5 as
prioritized by the Bureau pursuant to the Administration's
revised request list provided to the Committees on June 24,
2011. Requests for reprogramming will be considered pursuant
to the guidelines in the front of this statement.

OREGON AND CALIFORNIA GRANT LANDS

The bill provides $112,043,000 for Oregon and California
Grant Lands.

RANGE IMPROVEMENTS

The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands
grazing receipts.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

The bill provides an indefinite appropriation estimated to
be $32,125,000 for Service Charges, Deposits, and
Forfeitures.

MISCELLANEOUS TRUST FUNDS

The bill provides an indefinite appropriation estimated to
be $19,700,000 for Miscellaneous Trust Funds.

ADMINISTRATIVE PROVISIONS

The bill includes the administrative provisions as proposed
by the conferees.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The bill provides $1,228,142,000 for Resource Management.
The detailed allocation of funding by activity and program
element is included in the table at the end of this
statement. The conferees have assumed administrative savings
proposed in the budget request but have not provided
requested funding increases for fixed costs or general
program increases. In addition to the guidance and reporting
requirements included in the House report, as noted in the
front of this joint explanatory statement, the conference
agreement includes the following directions:
Ecosystem Initiatives.--The conferees are aware that the
budget request includes new funding for a number of regional
restoration initiatives, including the Chesapeake Bay, Gulf
Coast, Bay Delta, and the Everglades. Due to funding
limitations, the conferees are not able to include new
funding for these initiatives within the program levels
below. However, subject to reprogramming limitations, the
conferees do not object to these initiatives being funded
within the levels provided if the Service is able to identify
funding offsets from lower priority items.
Endangered Species.--The bill includes $176,237,000 for
Endangered Species. Listing and Critical Habitat is funded at
the fiscal year 2011 enacted level of $20,902,000; however,
the conferees have agreed to combine the funding for
activities within this program element in order to provide
the Service with additional flexibility to target funding to
its highest priorities. Consultation and HCPs are funded at
$61,041,000, of which $2,000,000 is for renewable energy as
requested. Recovery is funded at $82,939,000, of which
$2,000,000 is for the declining species initiative instead of
the requested $4,000,000.
The conferees direct the Service to fund white nose
syndrome research and response activities at no less than
$4,000,000 from within Recovery. Funds should be used to: (1)
increase research capacity to fund basic and applied research
to stop the spread of the disease; (2) provide funding for
States to implement response activities; and (3) increase FWS
capacity for surveillance, monitoring and coordination
activities. The conferees expect these activities to be
coordinated with other Federal partners.
The conferees direct the Service to provide $1,000,000 from
within Recovery to reinstate a livestock loss demonstration
program as authorized by Public Law 111-11. States with de-
listed wolf populations shall continue to be eligible for
funding, provided that those States continue to meet the
eligibility criteria contained in Public Law 111-11.
The conferees recommend that the Service and Federal action
agencies take into account economic impacts when formulating
actions and conducting all section 7 consultations pursuant
to the Santa Ana Sucker Critical Habitat designation, to the
extent authorized under the Endangered Species Act. The
economic impacts to be considered by the Service and Federal
action agencies should include the costs of local water
supply development and imported water costs, infrastructure
needs, water conservation efforts, and efforts to increase
employment in the region affected by the Santa Ana Sucker
Critical Habitat designation.
The conferees are concerned that the Service's region 6 has
a backlog of Endangered Species Act section 7 consultations
on long term planning documents to assess grizzly bears, bull
trout and their habitats. The conferees urge the Service to
assign appropriate resources and staff, including filling any
current vacancies, to support timely completion of those
consultations.
Northern Rocky Mountain Multispecies Conservation
Agreements Initiative.--The conferees recommend that the Fish
and Wildlife Service convene a regional policy coordination
and outreach effort to improve upon and increase the use of
Endangered Species Act conservation agreements between the
agency, the States, and private landowners. Nearly two-thirds
of the nation's land is privately owned, and the Service
cannot accomplish its conservation goals without the help of
private landowners. Conservation agreements between non-
Federal landowners and the Service help to conserve listed or
at-risk species while offering a level of protection from
certain Endangered Species Act actions. The conferees
recognize the challenges that private landowners often face
when confronted with working with a Federal regulatory agency
such as the Service, and believe that the States can play a
strong intermediary role. The conferees recommend that the
Service work with the northern Rocky Mountain States and a
diverse coalition of private landowners to find innovative,
multispecies, multi-partner approaches to utilizing
conservation agreements that simplify the process for private
landowners; that empower the States to work directly with
private landowners to set up the agreements; and that
recognize the Service's final authority. The conferees
request that the States and the coalition report to the
Committees with recommendations as to how to improve upon and
increase the use of conservation agreements.
Habitat Conservation.--The bill provides $110,814,000 for
Habitat Conservation. Partners for Fish and Wildlife is
funded at $54,856,000, of which $6,000,000 is for the climate
change initiative instead of the requested $8,000,000.
Conservation Planning Assistance is funded at $35,837,000, of
which $2,000,000 is for renewable energy as requested.
In carrying out its renewable energy consultations, the
conferees direct the Service to continue coordinating with
other agencies within the Department of the Interior, as well
as with the Department of Commerce, Department of Energy, and
other Federal and State agencies, to ensure that the
investments support the further development of the renewable
energy industry, including the creation of an offshore wind
manufacturing industry and related jobs in the United States.
The conferees support the Secretary's decision to establish
an office that will be focused on Endangered Species Act
compliance for renewable energy projects. In order to
facilitate better species protection and stewardship of
public resources, the conferees expect that this office will
develop permitting policies that make it less difficult and
time-consuming to permit projects on disturbed private
lands than on pristine public lands. The conferees are
aware that the Service has begun work on a rule under
section 4(d) of the Endangered Species Act to address this
concern, but the Service has not yet released a draft. The
conferees expect the Service to publish its draft and
final rules to address this issue during fiscal year 2012.
The conferees are aware that the Service is exploring
opportunities to expedite the permitting of renewable
energy projects and support efforts by the Service to
establish a pilot fee program using the Service's existing
authorities. The Service is expected to provide a report
within 120 days of enactment of this Act that details how
and where the Service plans to institute fees in fiscal
year 2012 to improve program delivery and customer
service.
National Wildlife Refuge System.--The bill includes
$486,469,000 for the National Wildlife

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Refuge System. Wildlife and Habitat Management is funded at
$223,797,000, of which $1,000,000 is for a pilot program to
eradicate feral swine on national wildlife refuges; and
$20,000,000 is for climate change inventory and monitoring,
as requested. Conservation Planning is funded at $11,723,000,
which is an increase of $3,440,000 above the request in order
to maintain funding for land protection planning within this
program element instead of within Land Acquisition, as was
proposed.
The conferees are concerned about particular restrictions
on overnight houseboat accommodations at concessionaire-
operated marinas. In keeping with Executive Order 12866, the
conferees direct the Service to carefully consider the impact
to concessionaires of such operational changes.
The conferees are aware of local concerns regarding the
implementation of certain management activities on the
Willapa National Wildlife Refuge and direct the Service to
postpone the implementation of those sections of the Final
Comprehensive Conservation Plan and Environmental Impact
Statement for the refuge that deal with the removal of the
dikes at the Porter Point Unit, Reikkola Unit, and Lewis Unit
of the refuge until at least April 1, 2012, in order to give
the Service more time to work with stakeholders to address
the concerns.
Migratory Birds, Law Enforcement and International
Conservation.--The bill includes $126,769,000 for Migratory
Birds, Law Enforcement, and International Conservation.
Migratory Bird Management is funded at $51,535,000, which
includes a decrease of $1,366,000 from the request for the
North American Waterfowl Management Plan and a general
program decrease of $1,522,000.
Fisheries and Aquatic Resource Conservation.--The bill
includes $135,534,000 for Fisheries and Aquatic Resource
Conservation. National Fish Hatchery System Operations is
funded at $46,149,000. The conferees have restored the
proposed $3,388,000 shortfall in the budget for mitigation
hatchery operations and critical supplies. An additional
$3,800,000 is appropriated elsewhere in this consolidated Act
for the U.S. Army Corps of Engineers to reimburse the
Service. Together, these amounts fully fund mitigation
hatcheries operated by the Service for the Corps, Tennessee
Valley Authority, Bureau of Reclamation's Central Utah
Project and the Bonneville Power Administration. The
conferees support efforts by the Service to recover costs of
programs that are conducted to mitigate the environmental
effects of other Federal partners. However, future budget
requests must ensure that Federal partners have committed to
make sufficient funding available to reimburse the Service
before the Service proposes to eliminate funding for
mitigation hatcheries so that operations at these hatcheries
are not disrupted.
Aquatic Habitat and Species Conservation is funded at
$71,325,000. The bill includes $1,000,000 towards the
implementation of mandatory operational inspection and
decontamination stations at Federally-managed or
interjurisdictional water bodies considered to be of highest
risk, as called for in the February 2010 Quagga-Zebra Mussel
Action Plan for Western U.S. Waters. An additional $1,000,000
is included to continue and expand funding for the control
and eradication of zebra and quagga mussels and other aquatic
invasive species, including funding for State aquatic
invasive species management plans. Also included is a
$2,000,000 increase above the fiscal year 2011 enacted level
for Asian carp monitoring and eradication activities.
Cooperative Landscape Conservation and Adaptive Science.--
The bill includes $32,250,000 for Cooperative Landscape
Conservation and Adaptive Science. The conferees recognize
that fish and wildlife conservation organizations are facing
increasingly complex ecological and fiscal challenges that
require resource threats to be addressed in a more efficient
and effective way. In light of these challenges, the Service
has established a network of Landscape Conservation
Cooperatives (LCCs) with other Federal, State, local and
tribal partners to better leverage conservation resources and
better prioritize and coordinate research and program
delivery. The conferees support these efforts but also expect
the Service to establish clear goals, objectives and
measurable outcomes for LCCs that can be used as benchmarks
of success of the program. Further, the conferees direct the
Service to clearly articulate how it plans to integrate its
LCCs with other successful regional partnerships, including
its Joint Ventures and Fish Habitat Partnerships programs, as
well as with other Federal and non-Federal partners,
including the U.S. Geological Survey's regional Climate
Science Centers, the Cooperative Fish and Wildlife Research
Units, and the Cooperative Ecosystem Studies Units.
Bill Language.--The bill includes language to cap
expenditures at $7,472,000 for critical habitat designations;
$1,500,000 for listing species that are indigenous to the
United States; and $1,500,000 for listing foreign species.
The bill includes language providing for fiscal year 2012 and
hereafter: $400,000 for certain law enforcement activities;
and $1,000,000 for certain environmental contaminant
activities.

CONSTRUCTION

The bill includes $23,088,000 for Construction, as
requested, of which $12,149,000 is for line item projects.
The amount provided will fully fund the projects as
prioritized by the Service pursuant to the Administration's
revised request list provided to the Committees on June 24,
2011. Requests for reprogramming will be considered pursuant
to the guidelines in the front of this statement.

LAND ACQUISITION

The bill provides $54,720,000 for Land Acquisition. The
conference agreement includes $5,000,000 for the Highlands
Conservation Act; $10,555,000 for Acquisition Management;
$2,000,000 for User Pay Cost Share; $2,500,000 for exchanges;
$4,500,000 for Inholdings, Emergencies, and Hardships; and
$30,165,000 for Acquisitions. The conferees have rejected the
proposal to transfer land protection planning funds from the
Resource Management account.
The amount provided for Acquisitions will fully fund
projects 1 through 13 as prioritized by the Service pursuant
to the Administration's revised request list provided to the
Committees on June 24, 2011. Requests for reprogramming will
be considered pursuant to the guidelines in the front of this
statement.
The Secretaries of the Interior and Agriculture are
directed to report to the Committees on Appropriations within
180 days of enactment of this Act on potential exchange
proposals for approximately 1,700 acres currently managed by
the U.S. Fish and Wildlife Service and generally depicted on
a map titled ``The Sharkey Restoration Research Site, Delta
NF,'' for lands of equal or approximate value managed by the
U.S. Forest Service in Mississippi.
Bill Language.--The bill includes language allowing the
Service to fund limited administrative costs for the
Highlands Conservation Act program administration. Also
included is language providing that no funds appropriated for
specific projects may be used for overhead, planning or other
management costs.

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

The bill provides $47,757,000 for the Cooperative
Endangered Species Conservation Fund. The detailed allocation
of funding by activity is included in the table at the end of
this statement.
Bill Language.--The bill includes language deriving
$22,757,000 from the Cooperative Endangered Species
Conservation Fund and $25,000,000 from the Land and Water
Conservation Fund.

NATIONAL WILDLIFE REFUGE FUND

The bill provides $13,980,000 for payments to counties
authorized by the National Wildlife Refuge Fund.

NORTH AMERICAN WETLANDS CONSERVATION FUND

The bill provides $35,554,000 for the North American
Wetlands Conservation Fund.

NEOTROPICAL MIGRATORY BIRD CONSERVATION

The bill provides $3,792,000 for Neotropical Migratory Bird
Conservation.

MULTINATIONAL SPECIES CONSERVATION FUND

The bill provides $9,481,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
statement.

STATE AND TRIBAL WILDLIFE GRANTS

The bill provides $61,421,000 for State and Tribal Wildlife
Grants, of which $51,405,000 is for State formula grants,
$5,741,000 is for State competitive grants, and $4,275,000 is
for tribal competitive grants. The Service is directed to
report to the Committees within 90 days of enactment of this
Act on the amounts of unobligated and reapportioned funds, by
State and Territory, for fiscal years 2008, 2009, and 2010.
The conferees encourage the Service and the program partners
to complete the Wildlife TRACS database so that the program
can better demonstrate its ability to prevent at-risk species
from having to be listed under the Endangered Species Act.
Bill Language.--The bill includes language requiring a 25
percent non-Federal cost share for planning grants and a 35
percent non-Federal cost share for implementation grants.
Bill language is included allowing unobligated balances to be
reapportioned.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The bill provides $2,240,152,000 for the Operation of the
National Park System account.
Civil War Sesquicentennial.--In observances marking the
150th anniversary of the Civil War, the Service is urged to
recognize the historic, social, legal, racial, cultural and
political forces that caused the Civil War and influenced its
course and outcomes.
Technical Assistance.--The Service is encouraged to support
the effort of NPS retirees to provide volunteer technical
assistance to national parks in other countries.
Historic Leases.--The Service is encouraged to pursue the
use of cost-effective, innovative solutions like historic
leases when practical and when the arrangement comports with
a park unit's enabling legislation.
Flight 93 Memorial.--The conferees remain firmly committed
to the timely completion of the Flight 93 Memorial and direct
the Service to devote the resources necessary to properly
archive, maintain, and preserve the invaluable collections,
including 50,000 personal tributes and 2,000 hours of audio
interviews, associated with this memorial.
National Capitol Area Performing Arts Program.--The
conferees direct the Service to maintain funding for the
National Capital Area Performing Arts Program and have
included $612,000 for the summer concert series staged on the
U.S. Capitol grounds.

[[Page H9593]]

Cuyahoga Valley National Park.--The Service is encouraged
to continue its work with surrounding communities to support
the local road systems and establish maintenance priorities.
Statue of Liberty and Martin Luther King, Jr. Memorial and
Visitor Center.--The conferees have provided an increase of
$1,100,000 million as requested within Park Protection for
additional Park Police protection at the Statue of Liberty
and Martin Luther King, Jr. Memorial.
Sequoia National Park.--The conference agreement does not
include report language contained in the House report nor
bill language proposed by the Senate directing the Department
of the Interior to report on the methodology used in
calculating hydropower fees on National Park Service lands.
The conferees understand that this issue has been settled and
the need for the report no longer exists.
Delaware Water Gap National Recreation Area and Middle
Delaware National Scenic and Recreational River, Appalachian
National Scenic Trail.--The conferees are concerned about
delays in completing an Environmental Impact Statement (EIS)
announced by the National Park Service and the Department of
the Interior regarding improvement of electric transmission
lines partially lying within the boundaries of the Delaware
Water Gap National Recreation Area. The National Park Service
and the Department are directed to adhere to the previously
announced schedule and publish a final Record of Decision
(ROD) by October of 2012.
Historic Properties.--The conferees are concerned that a
proposal to remove the Fresnel lens currently installed at
the Block Island Southeast Lighthouse in Rhode Island will
have an adverse impact on this historic property. As such,
the conferees direct the Service to report to and consult
with the Committees on Appropriations prior to facilitating
the transfer of the lens or accepting the lens for display at
any unit within the System.
Point Reyes National Seashore.--The conferees are aware
that the Service will shortly be issuing a Draft
Environmental Impact Statement (DEIS) regarding a possible
10-year extension for oyster operations at Point Reyes
National Seashore. Because of concerns relating to the
validity of the science underlying the DEIS, the conferees
direct the National Academy of Sciences to assess the data,
analysis, and conclusions in the DEIS in order to ensure
there is a solid scientific foundation for the Final
Environmental Impact Statement expected in mid-2012.

NATIONAL RECREATION AND PRESERVATION

The bill provides $59,975,000 for the National Recreation
and Preservation account with the following specific
directive:
Heritage Partnership Program.--The bill provides an
increase of $8,408,000 above the request to maintain funding
at the fiscal year 2011 enacted level.

HISTORIC PRESERVATION FUND

The bill provides $56,000,000 for the Historic Preservation
Fund account with the following specific directive:
State and Tribal Historic Preservation Offices.--The bill
provides $47,000,000 for State Historic Preservation Offices
and $9,000,000 for Tribal Historic Preservation Offices.

CONSTRUCTION

(INCLUDING RESCISSION OF FUNDS)

The bill provides $159,621,000 for the Construction
account.
Line Item Construction. The bill provides $77,847,000 in
funding for line item construction projects. The amount
provided will fully fund NPS construction projects as
prioritized by the Service pursuant to the Administration's
revised request list provided to the Committees on June 24,
2011. Requests for reprogramming will be considered pursuant
to the guidelines in the front of this statement.
Washington Monument Stabilization and Repair, National
Capital Region.--The bill provides a total of $7,500,000 for
the stabilization and repair of the Washington Monument. The
conferees understand these funds will be matched on a 1:1
basis by a private citizen. The conferees have also included
language allowing the National Park Service to enter into a
single procurement for repairs to the Washington Monument.
Special Resource Studies.--The conferees urge the Service
to complete previously authorized studies before initiating
any new studies.

LAND AND WATER CONSERVATION FUND (RESCISSION)

The bill rescinds $30,000,000, as in previous years, in
annual contract authority. There are no plans to use this
authority in fiscal year 2012.

LAND ACQUISITION AND STATE ASSISTANCE

The bill provides $102,060,000 for Land Acquisition and
State Assistance, of which $9,000,000 is for the American
Battlefield Protection Program; $9,500,000 is for Acquisition
Management; $5,000,000 is for Inholdings and Exchanges;
$3,000,000 is for Emergencies and Hardships; and $30,560,000
is for Federal Acquisitions. The State Assistance Grant
Program is funded at $45,000,000, of which $2,794,000 is for
Administrative Expenses.
The amount provided for Federal Acquisitions will fully
fund the first two projects as prioritized by the Service
pursuant to the Administration's revised request list
provided to the Committees on June 24, 2011. Requests for
reprogramming will be considered pursuant to the guidelines
in the front of this statement.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The bill provides $1,069,744,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey.
The detailed allocation of funding by activity and sub-
activity is included in the table at the end of this
statement and comports with the requested budget structure
realignment. Unless otherwise indicated below, the conferees
have accepted the proposals for reductions resulting from
Department-wide efficiencies, administrative savings, and
Enterprise Publishing Network savings. A decrease of
$2,172,000 to the request has been assumed to reflect changes
in the final fiscal year 2011 operating plan, which was not
available at the time the request was submitted. Support for
ecosystem restoration activities throughout the Survey's
programs is maintained at the fiscal year 2011 enacted level.
Additional changes to the request are specified below.
Ecosystems.--The bill provides $161,536,000 for Ecosystems
activities. Increases above the enacted level include
$1,500,000 for The Chesapeake Bay Executive Order and
$2,500,000 for the Great Lakes Asian Carp Control Framework.
The conferees support the President's budget proposal to
conduct an in-depth analysis of the extent and sources of
endocrine disrupting chemicals impacting fish and wildlife in
the Chesapeake basin.
Climate and Land Use Change.--The bill provides
$144,320,000 for Climate and Land Use Change programs. Within
Climate Variability, changes to the request include decreases
of $2,000,000 from Research and Development, and $6,460,000
from Science Support for DOI Bureaus. Carbon Sequestration is
funded at $9,000,000.
Within Land Use Change, an increase of $11,500,000 is
provided to complete funding for Landsat 8 ground operations
development. The conferees have not agreed with the proposal
to create a separate ``Land Imaging'' account and have
instead maintained funding for all satellite operations
within this subactivity. Estimated administrative savings
assumed in the proposed new account have been assumed within
the Land Use Change account instead.
The conferees have not agreed to transfer budgetary
authority for the launch of Landsat satellites 9 and 10 from
the National Aeronautics and Space Administration to the
Survey. Of the requested $48,000,000 increase for its
implementation, the conferees have provided $2,000,000 for
program development only. The conferees note that future
requests for the project are estimated by the Administration
to escalate to over $400,000,000 by fiscal year 2014. There
is little doubt that resources will not be available within
the Interior Appropriations bill to support these very large
increases without decimating all other Survey programs. The
conferees note that the launch of Landsat 9 is not scheduled
until 2018. This allows time in the year ahead for all
interested parties to re-examine how to proceed with future
Landsat missions. In the conferees' view this would be a
prudent step, inasmuch as the current budget proposal is
based on a report from the Office of Science and Technology
Policy issued in 2008, and both technological advances and a
vastly different economic environment may point to other,
less costly, options for obtaining Landsat data.
Energy, Minerals, and Environmental Health.--The bill
provides $96,368,000 for Energy, Minerals, and Environmental
Health. The following amounts have been restored to ongoing
programs that were proposed to be reduced in the request:
$250,000 for the Minerals External Research Program;
$5,000,000 for Minerals Resources; $1,000,000 for Energy
Resources; $500,000 for Contaminants; and $2,500,000 for
Toxic Substances Hydrology. An increase of $1,000,000 is
provided for the New Energy Frontier initiative.
Natural Hazards.--The bill provides $134,696,000 for
Natural Hazards. The conferees have not agreed to proposed
reductions in the request and have restored funds to the
following programs: $2,000,000 for Earthquake Grants;
$1,800,000 for the 2012 Multi-Hazards Initiative; and
$1,500,000 for the National Volcano Early Warning System.
Decreases from the request include $800,000 from the 2011
Multi-Hazards Initiative, and $3,000,000 from Coastal and
Marine Spatial Planning.
Water Resources.--The bill provides $214,996,000 for Water
Resources. Funding has been restored for the following
programs that were proposed to be reduced in the request:
$2,000,000 for Groundwater Resources; $6,049,000 for the
National Water Quality Assessment Program; $1,963,000 for the
Cooperative Water Program; and $6,500,000 for the Water
Resources Research Act Program. A program increase of
$2,846,000 above the request is provided for the National
Streamflow Information Program. Decreases from the request
include $2,500,000 from the WaterSMART initiative within
Hydrologic Networks and Analysis. The conferees encourage the
Survey to include with its fiscal year 2013 budget request a
proposal to establish a national groundwater monitoring
network as authorized by the Secure Water Act.
Core Science Systems.--The bill provides $106,849,000 for
Core Science Systems. Increases to the request include
$998,000 for the National Geological and Geophysical Data
Preservation Program to continue funding at the current year
enacted level, and $1,500,000 for National Cooperative
Geologic Mapping

[[Page H9594]]

Federal and State Partnerships to partially restore the
proposed reduction to that program. Decreases from the
request include $500,000 from WaterSMART.
Administration and Enterprise Information.--The bill
provides $110,397,000 for Administration and Enterprise
Information. There is a decrease from the request of
$5,920,000 for separation costs. This amount is significantly
below what the Survey would need to implement its proposed
reduction in force. If a similar plan is put forward in
future budget requests, the conferees expect that sufficient
funds will be requested for its implementation.
Facilities.--The bill provides $100,582,000 for Facilities.
The conferees do not agree with the administration's proposal
to create a separate ``Construction'' line item within the
budget and consequently have maintained those funds within
the ``Deferred Maintenance and Capital Improvement''
subactivity. In the conferees' view, the Survey has the
authorities it requires to manage its facilities and space
requirements within the current structure.

BUREAU OF OCEAN ENERGY MANAGEMENT OCEAN ENERGY MANAGEMENT

The bill provides $59,792,000 for Ocean Energy Management
to be partially offset with the collection of offsetting
rental receipts and cost recovery fees totaling $101,082,000.
This new account funds the activities of the Bureau of Ocean
Energy Management, including leasing, environmental studies,
economic analysis and the Renewable Energy Program. The
conferees also provide the following directions:
Renewable Energy.--The bill provides $22,697,000 for
renewable energy leasing activities, including program
development, environmental analysis, consultation with
Federal, State, and local stakeholders, and development of a
multipurpose marine cadastre. The Director should work with
the Secretary of Energy and States to exchange information
about the development of new technology related to the
structural material, environmental, and design safety
criteria, as well as design and performance standards, of
transitional depth and floating wind turbines. The Bureau is
expected to continue working with coastal states and other
stakeholders to study new wind energy areas, including in
shallow, transitional, and deep (over 200 feet) waters.
Conventional Energy.--The bill provides $47,283,000 for
conventional oil and gas leasing activities, including
planning of the Five-year Oil and Gas Leasing Program,
surveying Outer Continental Shelf boundaries, implementing
the lease sale process, administering leases, and reviewing
exploration and development plans.
Environmental Assessment--The bill provides $62,041,000 for
environmental assessment activities.
The Bureau is encouraged to continue its efforts in working
with partners to collect information about methane hydrates
on the sea floor and the relationships between gas hydrates
and episodes of sediment instability that may pose a threat
to the petroleum industry's infrastructure and safety of
operations.
Bill Language.--The bill includes in Title IV a general
provision that amends Sec. 328 of the Clean Air Act (42
U.S.C. 7627(a)(1)) to transfer air quality permitting
authority, as of the date of enactment of this Act, from the
Environmental Protection Agency to the Department of the
Interior, giving regulatory parity for the Beaufort and
Chukchi Sea planning areas with the Western and Central Gulf
of Mexico planning areas. Paragraph (c) ensures that this
change in the issuance and administration of air quality
requirements will not invalidate or stay any permit, or
proceeding related thereto, which is existing or pending as
of the date of enactment of this Act.

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT OFFSHORE SAFETY AND
ENVIRONMENTAL ENFORCEMENT

The bill provides $61,473,000 for Offshore Safety and
Environmental Enforcement to be partially offset with the
collection of offsetting rental receipts, cost recovery fees
and inspection fees totaling $121,081,000. The conferees also
provide the following directions:
Funding has been increased with the expectation that much-
needed inspectors and engineers will be hired and that
permits will be processed expeditiously. The highest priority
for BSEE with the funding appropriated is ensuring safety and
prompt consideration of permits. Appropriated dollars should
not be used for expanding regulation of non-lease holders,
with the exception of those involved in the Deepwater Horizon
accident, unless approved through reprogramming pursuant to
the guidelines in the front of this statement.
Environmental Enforcement.--The bill provides $4,110,000
for environmental enforcement actions, as requested.
Activities include environmental compliance activities
related to issuing permits associated with plans, inspections
of environmental measures and enforcement of incidences of
noncompliance, and monitoring industry compliance with
mitigation and other environmental requirements through
office and field inspections. With the additional resources
provided, applications for permits to drill should be
processed with all due speed.
Operations, Safety, and Regulation.--The bill provides
$132,139,000 for operations, safety, and regulation.
Inspection Fees.--The bill includes in Title IV a general
provision that provides for the collection of $62,000,000 in
inspection fees.
Bill Language.--The bill includes new language requiring
that at least fifty percent of collected inspection fees are
dedicated to mission related costs including the review of
applications for permits to drill.
The report requested in House Report 112-151 on Deepwater
Horizon recommendations is no longer required.

OIL SPILL RESEARCH

The bill provides $14,923,000 for Oil Spill Research.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

The bill provides $122,950,000 for Regulation and
Technology. Within this amount, the bill funds regulatory
grants at $68,700,000, equal to the fiscal year 2011 enacted
level. The conferees find the proposal to reduce regulatory
grants would undermine the State-based regulatory system. It
is imperative that States continue to operate protective
regulatory programs as delegation of authority to the States
is the cornerstone of the surface mining regulatory program.
Further, the conference agreement does not provide funds to
expand and enhance Federal oversight activities of State
programs.
On October 26, 2011 the Secretary of the Interior issued an
order to consolidate the Office of Surface Mining (OSM)
within the Bureau of Land Management (BLM). The conferees are
deeply concerned about the lack of coordination and
consultation prior to the issuance of this order.
Subsequently, the Department of the Interior initiated
discussions with employees, Members of Congress, and
stakeholders. Significant issues have been identified with
this proposed reorganization, including questions of the
wisdom of attempting to combine statutorily created agencies
that have responsibilities in law that cannot be combined
with or transferred to another agency. The conferees are
aware that on November 28, 2011, the Secretary suspended the
effective date of his directive in order to gather further
information on this potential restructuring. The conferees
expect the Department to enhance its consultation and
coordination with employees, Members of Congress and
stakeholders on this matter and to consult with the
appropriate committees of jurisdiction before any final
decisions are made.

ABANDONED MINE RECLAMATION FUND

The bill provides $27,443,000 for the Abandoned Mine
Reclamation Fund.

BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

Operation of Indian Programs

(INCLUDING TRANSFER OF FUNDS)

The bill provides $2,371,532,000 for the Operation of
Indian Programs. The detailed allocation of funding by
program area and activity is included in the table at the end
of the statement. Specific changes to the request and
direction are the following:
Tribal Government.--The bill provides $520,163,000 for
Tribal Government. Contract Support Costs are funded at the
fiscal year 2011 enacted level of $219,560,000. Small and
Needy Tribes are funded at $1,950,000.
Human Services.--The bill provides $136,579,000 for Human
Services. Social Services are funded at $34,379,000.
Trust--Natural Resources Management.--The bill provides
$157,496,000 for Trust--Natural Resources Management. Rights
Protection Implementation is funded at $29,022,000, and the
Tribal Management/Development Program is funded at
$7,717,000; increases to the fiscal year 2011 enacted level
should be distributed proportionally across all program
elements within these two subactivities. Forestry is funded
at $43,644,000. Water Resources is funded at $10,150,000.
Fish, Wildlife, and Parks is funded at $11,340,000.
Trust--Real Estate Services.--The bill provides
$126,963,000 for Trust--Real Estate Services. Trust
Services--General is funded at $11,000,000. The increase
above the request is for continued implementation of the
Klamath Basin Restoration Agreement.
Education.--The bill provides $796,753,000 for Education.
Elementary and Secondary Programs (Forward Funded) are funded
at $523,083,000, of which $391,333,000 is for ISEP Formula
Funds; $5,286,000 is for ISEP Program Adjustments;
$12,051,000 is for Education Program Enhancements;
$52,716,000 is for Student Transportation; $15,370,000 is for
Early Childhood Development; and $46,327,000 is for
Administrative Cost Grants. Post-Secondary Programs (Forward
Funded) are funded at $67,401,000. Post-Secondary Programs
are funded at $61,533,000, of which $18,527,000 is for
Haskell and SIPI--an increase of $1,153,000 over the request
that is to be divided proportionally between the two schools.
Public Safety and Justice.--The bill provides $346,778,000
for Public Safety and Justice, an increase of $12,688,000
above the fiscal year 2011 enacted level. Law Enforcement is
funded at $322,460,000, of which $185,315,000 is for Criminal
Investigations and Police Services; and $81,941,000 is for
Detention/Corrections. The requested increase for
Conservation Law Enforcement is not agreed to.
Indian Employment, Training and Related Services.--The bill
does not include section 430 of the House bill pertaining to
Indian employment, training, and related services pursuant to
Public Law 102-477. This provision was intended to block the
Administration from continuing with new, unauthorized and
retroactive policies which run counter to

[[Page H9595]]

how ``477'' funds have been transferred to tribal governments
and how funds have been audited since the program's inception
19 years ago. The conferees have dropped this provision in
order to give the Administration time to honor its recent
commitments to suspend new policies while working with Tribes
to find alternative solutions.
The conferees understand that recent Administration
commitments to the Tribes and the Congress include but are
not limited to the following: that it has engaged the Tribes
in a new consultative process to address agency and tribal
concerns; that it has halted any effort to alter the manner
and conditions under which ``477'' funds have historically
been transferred to Tribes; that it has indefinitely
suspended its 2009 supplemental audit requirements for any
``477'' program audits, covering fiscal years 2009 through
2012, that were not completed on or before September 30,
2011; and that annual ``477'' program audits will continue to
comply with the Single Audit Act of 1984.
The conferees expect the Administration to consult with
Tribes on a government-to-government basis, and to only
proceed with improvements that reflect general consensus
among the impacted Tribes and agencies. The P.L. 102-477
Tribal Work Group shall be consulted on the precise content
of all guidance documents and similar issuances prior to
their finalization. The House and Senate Appropriations
Committees will be closely monitoring the progress of the
consultation process, and will expect regular updates from
the Administration. If issues concerning the transfer and
audit of ``477'' funds are not permanently resolved
administratively, the Committees intend to address this issue
in the fiscal year 2013 process.
Other Matters.--The conferees are aware of a lack of local
support for two recent off-reservation gaming projects in
Yuba, California, and Madera, California, which received
Secretarial Determinations on September 1, 2010. The
evidentiary record provided by the Bureau of Indian Affairs
indicates that only two of the 33 elected officials or bodies
that were consulted on these projects expressed support for
them. The conferees are also concerned that in one case, the
Department appears to have largely ignored a popular vote
which indicated a majority of the county was opposed to the
construction of a casino on the site which was approved by
the Department. Therefore, the conferees direct the Secretary
to review these applications to verify the claim of ``strong
local support'' and report those findings to the Committees
within 60 days of enactment of this Act.

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

The bill provides $123,828,000 for Construction. The
detailed allocation of funding by program area and activity
is included in the table at the end of the statement.
Specific changes to the request are the following:
Education.--The bill provides $70,940,000 for Education.
Replacement Schools are funded at $17,836,000, which funds
the next school on the 2004 priority list. Facilities
Improvement and Repair is funded at $48,669,000.

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS

The bill provides $32,855,000 for Indian Land and Water
Claim Settlements and Miscellaneous Payments to Indians, as
requested. The detailed allocation of funding by subactivity
and program element is included in the table at the end of
the statement.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

The bill provides $7,114,000 for the Indian Guaranteed Loan
Program Account, an increase of $4,000,000 above the request.
The conferees are aware that there is strong interest among
tribally owned construction contractors to have the Bureau of
Indian Affairs offer supplemental surety bond guarantees in
an effort to increase economic opportunity in Indian county,
particularly in the construction trades. In an effort to
begin to respond to this interest, the conferees request that
the Bureau present a plan within 90 days of enactment of this
Act detailing the need for such supplemental surety bond
guarantees, how the Bureau would implement such a program,
whether or not the Bureau currently has the personnel to
implement such authorities, and an analysis of how much
additional activity would be generated through the offering
of supplemental surety bond guarantees.

DEPARTMENTAL OFFICES

Office of the Secretary

Departmental Operations

The bill provides $262,317,000 for Departmental Offices,
Office of the Secretary, Departmental operations.
The bill includes the proposed restructuring of
Departmental Offices, reflecting the incorporation of the
Office of Natural Resources Revenue (ONRR) and alignment of
the budget with the Department's organization. The increase
over the fiscal year 2011 enacted level reflects the move of
the ONRR from the former Minerals Management Service. The
conferees direct the Department to continue providing the
Committees with the level of budget detail that has
historically been provided (at the office level). Further,
the Department is directed to provide to the Committees
within 120 days of enactment of this Act a report on the
organization, funding, staffing, and status of reforms with
the ONRR.
The conferees direct the Department to work collaboratively
with interested parties, including the Congress, States,
local communities, Tribal governments and others in making
national monument designations.

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

The bill provides $87,997,000 for Assistance to
Territories. Within that amount, the bill provides the
requested increase for staffing, which shall be used by the
Department to fill positions at current Office of Insular
Affairs locations rather than at a new location as proposed
in the request. At least one of the positions shall be
dedicated to working on Compact impact issues as detailed
below. Within the resources provided, the conferees urge the
Secretary to fill the current staffing vacancy in the
Federated States of Micronesia.
The bill includes $3,000,000 for insular community
infrastructure improvements including $791,000 for water
infrastructure projects and $2,209,000 for the Empowering
Insular Communities initiative. That amount includes the
proposed funding levels for Guam infrastructure and
$1,089,000 for sustainable energy strategies projects that
will reduce the islands' over-dependence on imported oil and
high electricity prices. Projects shall be chosen based on
plans specific to each jurisdiction and which are developed
and approved in conjunction with the Department of Energy and
island stakeholders, with priority given to energy efficiency
projects that result in immediate energy savings. The
Department is directed to report annually to Congress on the
status of activities funded under this program, including
data on oil savings and utility rates.
The bill also provides $5,000,000 to fund discretionary
grants to jurisdictions that are affected by Compact
migration, as authorized by section 104(e) of Public Law 108-
188. The Department shall allocate these grants in
conjunction with other currently authorized mandatory grants
to help offset educational costs incurred by these
jurisdictions. The Department is directed to follow the
guidance detailed in Senate Report 112-74 related to the
Compact of Free Association agreements with the governments
of the Federated States of Micronesia [FSM], the Republic of
the Marshall Islands [RMI], and the Republic of Palau. The
Department shall also meet regularly with officials from the
Freely Associated States, other Federal agencies and affected
jurisdictions, and develop and implement a comprehensive plan
to mitigate the costs of Compact migration within 90 days of
enactment of this Act. This plan shall establish specific
goals and action items that include: (1) expanding the
education of migrants and potential migrants in order to
reinforce that the primary purpose of the Compact migration
benefit is to provide educational and employment
opportunities to FAS citizens, not for migrants to develop an
over-reliance on public services; (2) improving FAS capacity
to provide dialysis and other medical services to prevent
citizens from needing to seek treatment abroad; and (3)
improving screening procedures to identify and restrict
migration of individuals who have communicable diseases or
who have been convicted of serious crimes. The Department
is directed to monitor the progress of meeting these goals
and action items and report to Congress every 6 months.
The Department is also directed to ensure that the new
position dedicated to Compact impact issues will work
closely with officials of Compact nations, other Federal
areas and affected areas to implement Compact impact
priorities identified in the plan detailed above.
The conferees urge the Department to continue funding for
the Commonwealth of the Northern Marianas Islands Initiative
on Labor, Immigration and Law Enforcement at no less than the
enacted level.

COMPACT OF FREE ASSOCIATION

The bill provides $17,318,000 which includes $3,318,000 for
obligations related to the Compact of Free Association. The
conferees have also included language in the Title I general
provisions section to extend the eligibility for the Republic
of Palau to receive Federal aid while a new Compact of Free
Association is enacted by Congress. The amount provided is
equal to the fiscal year 2011 appropriation.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

The bill does not include the requested language that would
provide the Secretary with new authority to redistribute
capital improvement funds in fiscal year 2012. The conferees
are similarly focused on the slow spending rates in the
territories and urge all territories to increase expenditure
of previously awarded funds. The conferees intend to revisit
the issue in fiscal year 2013 if expenditure rates have not
substantially increased.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

The bill provides $66,296,000 for the Office of the
Solicitor, including the requested increase for the
Department's ethics office.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The bill provides $49,471,000 for the Office of Inspector
General. The detailed allocation of funding by program and
activity is included in the table at the end of the
statement.

[[Page H9596]]

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

Federal Trust Programs

(INCLUDING TRANSFER OF FUNDS)

The bill provides $152,319,000 for the Office of the
Special Trustee for American Indians, as requested.
Bill Language.--The bill includes language, as in previous
years, limiting the amount of funding that can be used for
historical accounting.

DEPARTMENT-WIDE PROGRAMS

Wildland Fire Management

(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

The bill provides $566,495,000 for Department of the
Interior Wildland Fire Management. The Department is directed
to use $189,577,000 in carryover emergency fire suppression
funds before obligating fiscal year 2012 suppression funds.
The bill includes a rescission of $82,000,000 in suppression
carry-over funds. The amount provided, combined with
$92,000,000 in the FLAME Wildfire Suppression Reserve Fund,
fully funds the Department's 10-year average expenditure for
fire suppression. The bill also terminates the Rural Fire
Assistance program. The detailed allocation of funding for
these accounts is included in the table at the end of this
statement. The conferees also provide the following
directions:
The Department is directed to complete an assessment of all
Department Wildland Fire programs to determine the most cost
effective and efficient means of providing comprehensive fire
management services in support of Department and bureau
missions and to better direct scarce resources from
duplicative administrative management organizations. As
provided in the House Report, the Department is directed to
report to the Committees on Appropriations no later than 180
days after enactment of this Act.
The Department is directed to remove the requirement that
ninety percent of hazardous fuels funding be spent in the
Wildland Urban Interface and instead the conferees direct
hazardous fuels funding be spent on the highest priority
projects in the highest priority areas. The Department must
also work more closely with the Forest Service in developing
a strategy for the replacement of the current air tanker
fleet.
To reduce the cost of fighting fires in Alaska caused by
transporting crews from the continental United States, the
Office of Wildland Fire Coordination and the Bureau of Land
Management are strongly encouraged to develop a program to
train crews in Alaska, particularly the existing native crews
that might not now be qualified as type I or type II wildland
firefighting crews.

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFER OF FUNDS)

The bill provides $92,000,000 for the FLAME Wildfire
Suppression Reserve Fund.

CENTRAL HAZARDOUS MATERIALS FUND

The bill provides $10,149,000 for the Central Hazardous
Materials Fund.

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

The bill provides $6,263,000 for the Natural Resource
Damage Assessment Fund. The detailed allocation of funding by
activity is included in the table at the end of this
statement. The conferees are aware that the program is
conducting an internal review of the status of restoration
funds and options for enhanced implementation of restoration
projects. The conferees direct the program to report back to
the Committees upon completion of this review.

WORKING CAPITAL FUND

The bill provides $62,019,000 for the Department of the
Interior, Working Capital Fund. The conferees have included
$52,019,000 for the Financial and Business Management System
(FBMS). The bill also provides $5,000,000 as requested to
support the Department's ongoing IT transformation. Further,
the bill provides $2,500,000 for the Department's effort to
identify operating efficiencies and achieve savings across
bureaus through consolidation of services, facilities, and
infrastructure. Lastly, the bill provides $2,500,000 for
training, recruitment, retention, and hiring of the
acquisition workforce.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

The conferees have included various legislative provisions
affecting the Department in Title I of the bill, ``General
Provisions, Department of the Interior''. Several of these
provisions have been carried in previous years and others are
newly proposed this year. The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the transfer of funds from the
Bureau of Indian Affairs or the Office of Special Trustee for
American Indians.
Section 105 permits the redistribution of tribal priority
allocation and tribal base funds to alleviate funding
inequities.
Section 106 permits the Secretary to pay private attorney
fees for employees and former employees in connection with
Cobell v. Salazar.
Section 107 provides authority to the National Park Service
to implement modifications to restoration efforts of the
Everglades ecosystem.
Section 108 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 109 establishes Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 110 authorizes the Bureau of Land Management to
establish an oil and gas Internet leasing program.
Section 111 extends the authority of the Department to hire
Indian probate judges.
Section 112 authorizes the Secretary of the Interior to
implement the reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement in conformance with
Committee reprogramming guidelines.
Section 113 allows the Bureau of Indian Education to
utilize funds recovered from grants or ISDA contracts to
Tribes upon re-assumption of school operations by the Bureau.
Section 114 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements
with non-profit organizations for long-term care of wild
horses and burros.
Section 115 provides the Secretary of the Interior
statutory authority to enter into rental or lease agreements
that benefit Bureau of Indian Education operated schools.
Section 116 extends for one year existing authority of the
Department of the Interior to efficiently manage construction
and land acquisition projects.
Section 117 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 118 directs the Secretary of the Interior to make
certain certifications with respect to existing rights of
way. The section also retains a provision limiting funding
for a proposal to approve specified rights-of-way on the
Mojave National Preserve or lands managed by the Needles
Field Office of the Bureau of Land Management.
Section 119 address a matter of jurisdiction between the
National Park Service and the Coast Guard relating to boater
safety checks on the Yukon River within the Yukon-Charley
National Preserve.
Section 120 extends authorization for certain payments to
the Republic of Palau for fiscal year 2012.
Section 121 provides the Secretary of the Interior certain
hiring authorities.
Section 122 addresses BLM actions regarding grazing on
public lands.
Section 123 provides for the trailing of livestock across
public lands through fiscal year 2013.
Section 124 allows the Department of the Interior to lease
certain lands within Fort Pulaski National Monument.
Section 125 continues a provision prohibiting funds to
implement, administer, or enforce Secretarial Order 3310
issued by the Secretary of the Interior on December 22, 2010.

TITLE II

Environmental Protection Agency

Budget Restructuring.--The conferees note that the Agency
has proposed major changes to its budget structure in order
to better align program goals and outcomes. The conferees
have accepted the proposed budget restructuring, as reflected
in the program levels below.
Congressional Budget Justification.--In addition to the
three directives provided in the fiscal year 2010 House
report 111-80, the conferees direct the Agency to include in
future Justifications: a comprehensive, detailed explanation
of all changes within a program project; a table showing
consolidations, realignments or other transfers of resources
and personnel from one program project to another such that
the outgoing and receiving program projects offset and
clearly illustrate a transfer of resources; and, a table
listing the budgets and FTE by major office within each
National Program Management area with pay/non-pay breakouts.
The conferees note that the Congressional Justification
includes the bill language for each account. The conferees
direct the Agency to highlight and explain any changes to the
proposed bill language in the Congressional Justification.
Reprogramming.--The Agency is held to the reprogramming
limitation of $1,000,000 and should continue to follow the
reprogramming directives as provided in the fiscal year 2010
House report 111-80. Further, the Agency may not use any
amount of deobligated funds to initiate a new program,
office, or initiative, without the prior approval of the
Committees. The conferees note that the Agency's
reprogramming procedures allow the Agency to seek funding to
implement its highest-priority items if it identifies
offsetting funding reductions during the fiscal year,
provided those offsets are not taken from program increases
that have specifically been provided herein.

[[Page H9597]]

Within 30 days of enactment of this Act, the Agency is
directed to submit to the House and Senate Committees on
Appropriations its annual operating plan for FY 2012, which
shall include detail on how the Agency plans to allocate
funds at the program project level.

SCIENCE AND TECHNOLOGY

The bill provides $795,000,000 for Science and Technology
programs and transfers $23,016,000 from the Hazardous
Substance Superfund account to this account. The bill
provides the following specific funding levels and direction:
Clean Air and Climate.--The bill provides $124,576,000
which includes a $1,000,000 increase for the fuel standards
program.
Operations and Administration.--The bill provides
$72,137,000 for Operations and Administration.
Research: Air, Climate, and Energy.--The bill provides
$99,000,000. Within the amount provided, the bill includes
$78,649,000 for Research: Clear Air, $18,305,000 for
Research: Global Change and, $2,047,000 for Research: Air,
Climate, and Energy (Other). The bill does not provide the
requested $3,000,000 increase for air toxics monitors.
Research: Chemical Safety and Sustainability.--The bill
provides $131,498,000 for Research: Chemical Safety and
Sustainability. No new funds have been provided for the
requested green chemistry or e-waste initiatives.
Research: National Priorities.--The bill provides
$5,000,000 which shall be used for extramural research grants
to fund high-priority water quality and availability research
by not-for-profit organizations who often partner with the
Agency. Funds shall be awarded competitively with priority
given to partners proposing research of national scope and
who provide a 10 percent match, which may include in-kind
contributions. The Agency is directed to allocate funds to
grantees within 180 days of enactment of this Act.
Research: Safe and Sustainable Water Resources.--The bill
provides $113,654,000. Within the amount provided, the
hydraulic fracturing study is funded at the requested amount,
and $8,500,000 is provided for green infrastructure research.
Research: Sustainable and Healthy Communities.--The bill
provides $171,026,000, as requested. The conferees note that
$2,000,000 has been provided within this amount as requested
to fund a long-term evaluation of the Agency's laboratory
network to ensure that the current organization matches the
Agency's strategic needs. The conferees continue to support
the Agency's space strategy efforts, including those options
that could lead to further efficiencies and potential
reductions to the Agency's real property footprint. The
conferees encourage the Office of Research and Development
(ORD) to institute efficiency improvements that will result
in long term savings using the amounts provided.
Additional Guidance.--The conferees include the following
additional guidance with respect to funding provided under
this account:
Biocrude Research.--The conferees encourage the Agency to
work with its university partners to research the potential
for producing biocrude from wastewater treatment plants that
allow the production of renewable fuels through traditional
petroleum refining techniques.
Integrated Risk Information System (IRIS).--In lieu of the
directives contained in H. Rept. 112-151 regarding the
Integrated Risk Information System, the conferees agree to
the following:
(1) Fundamental improvements to the policies and practices
of this program are necessary to ensure that IRIS assessments
reflect the highest standard of scientific inquiry.
(2) The Agency shall incorporate, as appropriate, based on
chemical-specific datasets and biological effects, the
recommendations of Chapter 7 of the National Research
Council's Review of the Environmental Protection Agency's
Draft IRIS Assessment of Formaldehyde into the IRIS process.
(3) The Agency shall issue a progress report to House and
Senate Committees on Appropriations and relevant
Congressional authorizing committees no later than March 1,
2012, describing its implementation of the National Research
Council's Chapter 7 recommendations for ongoing and new
assessments.
(4) For draft assessments released in fiscal year 2012, the
Agency shall include documentation describing how the Chapter
7 recommendations of the National Academy of Sciences (NAS)
have been implemented or addressed, including an explanation
for why certain recommendations were not incorporated.
(5) The Agency shall contract with NAS to conduct up to
three reviews of IRIS assessments that EPA seeks to make
final. Reviews shall include an evaluation of whether the
recommendations it made in previous reviews, including in
Chapter 7 of the National Research Council's Review of the
Environmental Protection Agency's Draft IRIS Assessment of
Formaldehyde, have been implemented. Reviews are not intended
to unduly delay the Agency's risk assessment process. The
conferees further direct NAS to complete any reviews
authorized by this paragraph by no later than 18 months after
the date that EPA and the NAS have agreed to the terms of the
review. One of these NAS reviews shall be a study of the
cancer and non-cancer hazards from oral exposure to inorganic
arsenic. The NAS review of inorganic arsenic shall
incorporate the direction provided in House Report 112-151
regarding parameters of the study. Additional reviews will be
chosen by NAS from a representational sample of IRIS
assessments and NAS will notify Congress directly of these
choices.
(6) Further, the conferees strongly believe any current and
future IRIS assessments must not only be grounded in sound,
objective, and peer-reviewed science and methodologies but
should also provide risk managers with realistic values that
will result in enhanced protection of human health.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

The bill provides $2,682,514,000 for Environmental Programs
and Management and includes following specific funding levels
and direction:
Brownfields.--The bill provides $23,680,000 and funds the
Smart Growth program as requested.
Clean Air and Climate.--The bill provides $286,568,000.
Within this amount the bill provides $99,642,000 for the
Climate Protection Program.
The conferees believe EPA may not rely on broad user fee
authority as the basis for charging Energy Star fees and
therefore lacks such authority. If EPA wishes to collect user
fees to offset the costs of the program, such fees should be
tied to increased performance or service-related goals, and
the Administration should send a legislative proposal to the
committees of jurisdiction for consideration in the same
manner as they have requested for the electronic manifest
system and pesticide user fees.
The conferees note that the SmartWay transportation program
has successfully established a partnership among government,
businesses, and consumers to reduce fuel consumption and
improve air quality and supports a robust funding level.
The bill provides $27,343,000 for Federal Stationary Source
Regulations. From within this amount, EPA is directed to
spend $5,412,000 on New Source Performance Standards. The
conferees note that the Administration delayed the issuance
of new Ozone NAAQS as urged by House Report 112-151.
The bill provides $123,666,000 for Federal Support for Air
Quality Management. EPA is directed to spend $3,408,000 of
this amount on greenhouse gas permitting of stationary
sources. No new funds have been provided for requested
compliance monitoring activities.
Lastly, the bill provides $5,578,000 for Stratospheric
Ozone. The conferees direct that $1,000,000 shall be for the
Sunwise program. Other than provided herein, the agreement
does not include further directives regarding allocation of
funds for Clean Air and Climate programs, but instead directs
the Agency to submit an allocation of funds at the program
project level as part of the operating plan.
Enforcement.--The bill provides $249,965,000 for
enforcement activities, with funding for environmental
justice maintained at the fiscal year 2011 enacted level. The
agreement does not include further directives regarding
allocation of funds but instead directs the Agency to submit
an allocation of funds at the program project level as part
of the operating plan.
Environmental Protection: National Priorities.--The bill
provides $15,000,000 for a competitive grant program to
provide rural and urban communities with technical assistance
to improve water quality and provide safe drinking water. EPA
shall award grants on a competitive basis and give priority
to not-for-profit organizations that: conduct activities that
are national in scope; can provide a 10 percent match,
including in-kind contributions; and are supported by a
majority of small community water systems, currently provide
multi-state regional technical assistance, or currently
provide assistance to private well owners. The Agency is
directed to allocate funds to grantees within 180 days of
enactment of this Act.
Geographic Programs.--The bill provides $410,375,000, as
distributed in the table at the end of this division. No
funds have been provided for the proposed Mississippi River
program or to continue the Community Action for a Renewed
Environment program. The bill includes the following
direction:
Great Lakes Restoration Initiative.--The bill provides
$300,000,000 and EPA shall follow the direction provided in
House Report 112-151 for fiscal year 2012. EPA may distribute
the funds provided among the five focus areas but shall not
spend less than the fiscal year 2011 enacted level for Toxic
Substances and Areas of Concern and for the Invasive Species
focus areas. The conferees direct the agency to provide a
revised spending plan for the Great Lakes program that
includes funding levels for the five focus areas at the same
time the Agency submits its operating plan. Once submitted,
changes to the funding amounts for the focus areas are
subject to a reprogramming threshold of $5,000,000, and the
Agency is further directed to report quarterly to the
Committees on Appropriations on changes below the threshold.
Chesapeake Bay.--The conference agreement includes
$57,391,000 for the Chesapeake Bay program. Within the amount
provided, $8,000,000 is for nutrient and sediment removal
grants and $2,000,000 is for small watershed grants. The
conferees do not provide additional directives regarding the
allocation of funds for this program but instead direct the
Agency to report a proposed allocation of the remaining funds
as part of its operating plan. EPA is further directed to
support the local government study through the

[[Page H9598]]

small watershed grant program as discussed in House Report
112-151.
Puget Sound.--The bill provides $30,000,000 to manage and
implement Washington State's Puget Sound Action agenda, an
approved Comprehensive Conservation and Management Plan
(CCMP) under Section 320 of the Clean Water Act. The
conferees direct that funding to restore Puget Sound be
allocated consistent with the near-term priorities
established in the CCMP and the existing Lead Organization
and Tribal capacity agreements funded in prior years. EPA is
directed to expeditiously obligate funds, in a manner
consistent with the authority and responsibilities under
Section 320 and the National Estuary Program. Not more than 4
percent shall be used for EPA intramural costs to manage the
cooperative and interagency agreements to restore and protect
Puget Sound.
Information Exchange.--The bill provides $130,896,000 for
the Information Exchange program. From within this amount,
$3,285,000 has been provided for the Administrator's
Immediate Office. Funding for Children and Other Sensitive
Populations and for Environmental Education programs shall be
maintained at the enacted level. The agreement does not
include further directives regarding allocation of funds or
FTE but instead directs the Agency to submit an allocation of
funds at the program project level as part of the operating
plan.
International Programs.--The bill provides $17,632,000 for
international programs. The agreement does not include
further directives regarding allocation of funds but instead
directs the Agency to submit an allocation of funds at the
program project level as part of the operating plan.
Legal/Science/Regulatory/Economic Review.--The bill
provides $110,946,000 and maintains the enacted level for the
SmartGrowth program. The bill provides no more than
$15,286,000 for Regulatory/Economic Management and Analysis.
The agreement does not include further directives regarding
allocation of funds but instead directs the Agency to submit
an allocation of funds at the program project level as part
of the operating plan.
Operations and Administration.--The bill provides
$487,880,000, including requested funding for rent, security
and utilities. The agreement does not include further
directives regarding allocation of funds but instead directs
the Agency to submit an allocation of funds at the program
project level as part of the operating plan.
Resource Conservation and Recovery Act.--The bill provides
$112,643,000 for the RCRA program. The bill does not provide
the $2,000,000 request to develop the e-manifest system
despite the conferees strong support for the establishment of
this system because EPA lacks the legal authority to collect
user fees to offset system costs as expressed in the House
report.
Water: Ecosystems.--The bill provides $48,257,000 for
Water: Ecosystems. Within this amount the bill provides the
requested amount for the National Estuary Program and Section
320 grants. The bill provides $21,199,000 for the Wetlands
program and eliminates previously reprogrammed funds for work
on the Enhanced Coordination Procedures with the Army Corps
of Engineers, and the Office of Surface Mining. The conferees
have not included bill language addressing the enhanced
coordination procedures given the U.S. District Court's
recent ruling that set aside the procedures.
Water: Human Health Protection.--The bill provides
$101,256,000 and directs the reduction below the fiscal year
2011 enacted level to the drinking water regulatory program.
The agreement does not include further directives regarding
allocation of funds but instead directs the Agency to submit
an allocation of funds at the program project level as part
of the operating plan.
Water Quality Protection.--The bill provides $217,101,000,
of which up to $4,738,000 is for the urban waters program.
The agreement does not include further directives regarding
allocation of funds but instead directs the Agency to submit
an allocation of funds at the program project level as part
of the operating plan.
Additional Guidance.--The conferees include the following
additional guidance with respect to funding provided under
this account:
Administrator Priorities.--Funding for Administrator
priorities shall not exceed the fiscal year 2011 enacted
level. The conferees direct the Agency to submit a report
within 90 days of enactment that identifies how the fiscal
year 2010 and 2011 funding was used, by account, program area
and program project and include a description of the
activities and any anticipated results. Future congressional
justifications should identify funding in each program
project that has been set aside for Administrator priorities,
and include a justification for the effort and any
anticipated results.
Arsenic Reporting.--Not later than 180 days after the date
of enactment of this Act, the Agency is directed to: (1)
promptly submit to Congress an overdue report--requested as
part of the Consolidated Appropriations Act, 2005 (P.L. 108-
447)--on the extent to which communities are being affected
by the arsenic rule, and proposing compliance alternatives
and making recommendations to minimize costs; (2) convene a
working group composed of representatives from States, small
publicly owned water systems, local public health officials,
drinking water consumers and treatment manufacturers to
provide input and recommendations on barriers to the use of
point-of-use and point-of-entry treatment units, package
plants, (including water bottled by the public water system),
and modular units, as well as alternative affordability
criteria that give extra weight to small, rural, and lower
income communities, and (3) based upon input from the working
group submit to the Committees a report on actions to make
alternative compliance methods (such as point of use, point
of entry and package plants) more accessible to water systems
and a report on alternative affordability criteria.
Boiler MACT.--The conferees are encouraged by the outcome
of EPA's reconsideration of the Boiler MACT rule and offer no
directives regarding Boiler MACT standards. The proposed rule
addresses substantive concerns by including additional
flexibility with respect to compliance costs, and a biomass
exemption.
Eastern Long Island Sound Supplemental Environmental Impact
Study.--The conferees are concerned by the lack of progress
at the Agency in completing a Supplemental Environmental
Impact Statement for eastern Long Island Sound, which has
been slated since 2002 and is necessary to ensure that
significant military installations do not lose access to
dredged disposal sites. The conferees direct the Agency to
submit a report no later than 90 days after enactment of this
Act outlining its plan to carry out the Supplemental
Environmental Impact Statement for the eastern Long Island
Sound, including the possible use of existing appropriated
funds to begin the study. The conferees also urge the Agency
to work collaboratively with appropriate stakeholders,
including the Army Corps of Engineers and State partners, to
expeditiously determine a dredging solution for eastern Long
Island Sound.
Economic Analysis of Reciprocating Engine Rule.--The
conferees are aware that EPA has initiated a reconsideration
process which the conferees expect will address the concerns
expressed in House Report 112-151. Amendments to the
reciprocating engine rule are expected in early 2012.
The conferees fully expect that EPA will include an
analysis of the economic impacts of the rule on small
government jurisdictions per the direction in the House
report. Therefore the bill does not provide a directive to
initiate a separate analysis of the economic impacts of
the rule on small government jurisdictions within 60 days
of enactment of this Act.
Personnel and Full Time Equivalents.--While the statement
does not cap FTE levels for EPA, the conferees do not expect
EPA's actual utilization levels will exceed the 2010
utilization levels given that EPA's 2012 budget has been
reduced. The conferees remain concerned about the growing
disparity between regional and headquarters personnel as well
as how EPA develops its personnel requests in its annual
budget proposal.
Recycling Programs.--The conferees direct that the Agency
submit the report requested in House Report 112-151 within 90
days of enactment of this Act.
Refrigerant Gas Containers.--Within 90 days of enactment of
this Act, the conferees direct the agency to initiate a study
on the environmental impacts of using disposable containers
to transport and store refrigerant gasses, compared to
refillable containers, and to submit the study to the House
and Senate Committees on Appropriations upon completion.
Regional Haze.--States have raised legitimate concerns
about the costs and compliance deadlines within EPA federal
implementation plans to address regional haze issues. The
Clean Air Act offers substantial flexibility with regard to
how States may choose to mitigate regional haze impacts. The
conferees are aware that EPA released a court-ordered
schedule for finalizing Regional haze rules in November 2011.
Therefore, the agreement does not include the specific
directives contained in House Report 112-151 but instead
directs EPA to work with the States as partners in order to
resolve compliance and cost differences while adhering to the
schedule.
Southern New England Estuaries.--The conferees recommend
that the Agency convene and lead a comprehensive regional
policy coordination and outreach effort to protect, enhance,
and restore the coastal watersheds of southern New England.
No entity or consortium exists to meet these challenges, and
there is an urgent and immediate need for such an effort. For
example, in Rhode Island's Narragansett Bay, there are
documented extensive areas of pollution severely degrading
fish and wildlife habitat and water quality; problems that
are compounded by the effects of warmer water temperatures
and milder winters. The conferees recommend that EPA
establish goals for the regional effort, emphasizing water
quality and habitat restoration as well as the development
and implementation of innovative technologies to meet these
challenges and create jobs. The effort should provide for
streamlined interagency communication, and involve an
inclusive stakeholder process. Specifically, EPA should
collaborate with State agencies as well as other Federal
partners such as the National Oceanic and Atmospheric
Administration, the U.S. Fish and Wildlife Service, U.S.
Geological Survey, Natural Resources Conservation Service,
and the Small Business Administration. The Agency should also
include stakeholders from local governments and agencies,
non-governmental organizations, and academic institutions.
The conferees also recommend that the Agency, through this
regional effort, facilitate the development of strategies

[[Page H9599]]

to restore and protect the southern New England Estuaries.

OFFICE OF INSPECTOR GENERAL

The bill provides $42,000,000 for the Office of Inspector
General. The conferees appreciate the value of a robust
Inspector General and expect the same level of effort as in
fiscal year 2011 within the funding provided. The funding
level reflects the high unobligated balances that remain in
this account and the Inspector General should utilize
previously appropriated funds first in fiscal year 2012.

BUILDINGS AND FACILITIES

The bill provides $36,428,000 for Buildings and Facilities,
equal to the fiscal year 2011 enacted level.

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $1,215,753,000 for the Hazardous
Substance Superfund account, and includes bill language to
transfer $9,955,000 to the Inspector General account and
$23,016,000 to the Science and Technology account. Due to
budget constraints, the conferees have reluctantly proposed
general program reductions to the Superfund emergency
response and removal and remedial programs, as detailed
below.
The bill provides the following additional direction:
Enforcement.--The bill provides $187,033,000 for Superfund
Enforcement.
Operations and Administration.--The bill provides
$135,969,000 for Superfund Operations and Administration. The
agreement does not include further directives regarding
allocation of funds but instead directs the Agency to submit
an allocation of funds at the program project level as part
of the operating plan.
Superfund Cleanup.--The bill provides $789,180,000 for
Superfund Cleanup, of which $189,895,000 is for Superfund:
Emergency Response and Removal and $565,922,000 is for
Superfund: Remedial. The conferees expect that future budget
requests will propose a higher percentage of cleanup funding
as part of the total request in addition to proposing funding
sufficient to meet program goals, such as increasing the
number of annual ``construction completes'' and more
importantly ``sites made ready for reuse''. The conferees
direct the Inspector General to report to the Committees
on Appropriations within 90 days of enactment of this Act
on current agency efforts to strengthen Superfund
contracting controls to prevent future waste, fraud and
abuse.
Financial Assurance.--In lieu of the directives contained
in H. Rept. 112-151 regarding financial assurance
requirements, the conferees direct the Administrator to
collect and analyze information from the commercial insurance
and financial industries regarding the use and availability
of necessary instruments (including surety bonds, letters of
credit, and insurance) for meeting any new financial
responsibility requirements and to make that analysis
available to the House and Senate Committees on
Appropriations and to the general public on the Agency
website 90 days prior to proposing any rule pursuant to
section 108(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9608(b)).
Special Accounts.--The conferees direct EPA to follow the
language in House Report 112-151 with respect to managing the
unobligated balances in the Superfund special accounts.

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

The bill provides $104,309,000 for the Leaking Underground
Storage Tank Trust Fund Program.

INLAND OIL SPILL PROGRAMS

The bill provides $18,274,000 for Inland Oil Spill
Programs.

STATE AND TRIBAL ASSISTANCE GRANTS

The bill provides $3,618,727,000 for the State and Tribal
Assistance Grants (STAG) program and includes the following
specific funding levels and direction:
Infrastructure Assistance.--The bill provides
$2,528,169,000 for infrastructure assistance, including
$1,468,806,000 for the Clean Water State Revolving Fund and
$919,363,000 for the Drinking Water State Revolving Fund. The
amount provided for the Clean Water State Revolving Fund
program will fund approximately 473 new wastewater projects
nationwide and more than 81,000 jobs when combined with state
matching funds and leverage capabilities, according to Agency
estimates. Amounts provided for the Drinking Water State
Revolving Funds program will fund approximately 353 new
drinking water projects nationwide and more than 50,000 jobs
when combined with state matching and leveraged funds.
The conferees do not direct EPA to submit a report on water
rates requested in the House report. However, the conferees
direct the Agency to report on how EPA and the States have
used the additional subsidization authority including
information on the number and amounts of loans awarded with
additional subsidization, recipient communities, and
descriptions of projects funded.
Alaska Native Villages.--The bill provides $10,000,000 as
requested.
Brownfields.--The bill provides $95,000,000 for the
Brownfields program.
Diesel Emissions Reduction Act (DERA) Grants.--The bill
provides $30,000,000 as the conferees do not agree with the
proposal to terminate the DERA grants.
Mexico Border.--The bill provides $5,000,000 for the Mexico
border program.
Categorical Grants.--The bill provides $1,090,558,000 for
Categorical Grants and funding levels are specified in the
table at the end of this division. This amount includes
$164,757,000 for nonpoint source grants as requested. The
amount also includes $236,107,000 for the State and Local Air
Quality Management grant program, and the conferees direct
EPA to allocate funds for this program using the same formula
as fiscal year 2011.
Bill Language.--The bill includes modified language
specifying amounts made available under the state revolving
fund programs for additional subsidization, and amounts made
available for the green infrastructure reserve in the Clean
Water State Revolving Fund program. The bill does not provide
the requested mandatory set-aside for green infrastructure
projects within the Drinking Water State Revolving Fund
program but does include language allowing States to continue
to fund these types of projects at their discretion.

ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

The bill rescinds $50,000,000 from specific unobligated
balances. Modified bill language has been included to provide
specific wage rate requirements for the Clean Water and
Drinking Water State Revolving funds.
Oil Spill Transfer Authority.--The bill includes modified
transfer authority language that allows the Agency to meet
its obligations to pay contractors responding to inland oil
spills. The conferees have included this language for fiscal
year 2012 only. The conferees strongly urge EPA, in
conjunction with the Office of Management and Budget, to
propose a more appropriate legislative fix if the
Administration is unable to process routine transfers from
the Oil Spill Trust Fund in a timely fashion. The conferees
support the approach discussed in the House report to be a
more permanent solution.

TITLE III--RELATED AGENCIES

Department of Agriculture

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

The bill provides $295,773,000 for Forest and Rangeland
Research. The conferees also provide the following
directions:
The agreement does not specify allocations for individual
research facilities. The conferees encourage the Forest
Products Laboratory, as part of the Department of
Agriculture's effort to promote and use wood products as a
green building material, to invest in wood products life
cycle assessment research to improve our understanding of the
environmental and economic implications of using wood in
building construction.
The Forest Service is commended for its localized needs
research and is directed to expand this research in support
of project development on national forests. The Forest
Service should prioritize research related to White Nose
Syndrome as well as inventory and monitoring of bat resources
on Forest Service lands. The Service is expected to continue
ongoing urban natural resources stewardship research and
should produce a joint report with the Department of Energy
on the role that this work can play in helping reduce the
urban heat island effect, as well as reduce the energy demand
to cool buildings.

STATE AND PRIVATE FORESTRY

The bill provides $253,331,000 for State and Private
Forestry. The conferees also provide the following
directions:
Within six months of enactment of this Act, the Forest
Service is directed to develop a process in consultation with
State foresters that considers State Assessments and
Strategies in the annual budget for Cooperative Forestry
Assistance Act (CFAA) programs, and to develop a process
allowing State foresters flexibility, with appropriate
accountability, to reallocate a percentage of authorizations
for CFAA programs to address State priorities consistent with
the State Assessments and Strategies.
Forest Legacy.--The bill provides $53,388,000 for the
Forest Legacy program. This includes $6,628,000 for program
administration, $2,500,000 for new State startups, and
$44,260,000 for forest legacy projects. The Service should
fund projects in priority order according to their
competitively selected national priority list for fiscal year
2012.

NATIONAL FOREST SYSTEM

The bill provides $1,556,628,000 for the National Forest
System. The agreement includes a proof of concept pilot for
Integrated Resource Restoration (IRR). The conferees also
provide the following directions:
Land Management Planning.--The bill provides $40,000,000
for land management planning. The agreement does not approve
the consolidation of this line item with the Inventory and
Monitoring line item. The Planning Rule should provide for a
cost-effective and timely process for forest plan revisions.
Inventory and Monitoring.--The bill provides $161,980,000
for inventory and monitoring. The Forest Service is
encouraged to allocate more funding towards monitoring of
grazing allotments and work with State agencies,
universities, professional societies and other USDA agencies,
such as the Natural Resources Conservation Service, to
efficiently and effectively increase allotment monitoring.

[[Page H9600]]

Recreation, Heritage, and Wilderness.--The bill provides
$281,627,000 for recreation, heritage and wilderness
programs. In place of House direction on the travel
management rule, the Forest Service is encouraged to revise
travel management plans where significant issues have arisen
and resolve the Maintenance Level-3 road problem in Region 5.
The agreement does not provide direction on the Wyoming
Wilderness Act.
Grazing Management.--The bill provides $55,445,000 for the
grazing management program. The conferees are concerned that
the best science should be used in making decisions
concerning grazing on the Dakota Prairie Grasslands.
Currently, North Dakota State University is conducting
research that should benefit the agency in making these
determinations. The agency is strongly encouraged to work
cooperatively with the university and utilize its research to
the extent practicable, to better inform its grazing
management decisions.
Forest Products.--The bill provides $336,049,000 for the
forest products program. The Forest Service is directed to
improve the health and resilience of national forests and
through these efforts, work to achieve three billion board
feet of timber sold. The conferees note that over the last
ten years, the timber supply in Region 10 has been
constrained to less than 10 percent of the allowable sale
quantity in the current land management plan. The Forest
Service is encouraged to prepare and offer, within three
years, the four 10-year timber sales as previously indicated.
Vegetation and Watershed Management.--The bill provides
$184,341,000 for vegetation and watershed management
activities. The Service is strongly encouraged to provide
sufficient resources for leafy spurge eradication.
Wildlife and Fish Habitat Management.--The bill provides
$140,260,000 for wildlife and fish habitat management
activities.
Collaborative Forest Landscape Restoration.--The bill
provides $40,000,000 for the Collaborative Forest Landscape
Restoration Fund.
Minerals and Geology Management.--The bill provides
$83,560,000 for minerals and geology management activities.
The Service should implement the recommendations included
in the report, ``Assessing the Potential for Renewable Energy
on National Forest System Lands'' and initiate a planning
process for a renewable energy development program and, where
appropriate, apply guidelines already developed by the Bureau
of Land Management.
Landownership Management.--The bill provides $85,875,000
for landownership management activities. In the case of any
land exchange involving National Forest System land carried
out directly or through a third-party, the Forest Service is
directed to provide written notice of the proposed land
exchange to each owner of non-Federal land adjoining a parcel
of National Forest System land proposed for exchange and each
owner of non-Federal land adjoining the non-Federal land
proposed to be acquired in the exchange. The Secretary shall
determine adjoining landowners using the most recent
available tax records.
Integrated Resource Restoration.--The conferees have agreed
to the House proposal to allow the Administration to conduct
an Integrated Resource Restoration pilot in Regions 1, 3, and
4. Within 90 days of enactment of this Act, the Forest
Service should present a plan and guidance to the pilot
regions for measuring performance and accountability. The
plan and guidance should ensure program transparency,
monitoring, fair allocation of funding, a consistent approach
across the three regions, and that restoration is the primary
goal of any projects funded through the pilot. The plan
should also include traditional measures, such as timber
targets and acres treated, while also including new measures
such as watershed condition framework.

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

The bill provides $394,721,000 for capital improvement and
maintenance programs offset by a $12,000,000 scoring credit
related to the road and trail fund. The conferees also
provide the following directions:
Facilities.--The bill provides $75,785,000 for facilities
including $13,124,000 for construction and $62,661,000 for
maintenance. For future year planning, the Forest Service
should include both new construction and maintenance in its
list of major facilities projects based on its facility
master plans and the most efficient use of taxpayer dollars.
Roads.--The bill provides $182,818,000 for roads including
$27,327,000 for construction and $155,491,000 for
maintenance.
Trails.--The bill provides $81,982,000 for trails including
$63,422,000 for maintenance and $18,560,000 for construction.
Legacy Roads.--The bill provides $45,000,000 for the legacy
roads and trails program. The agreement retains this program
within Capital Improvement and Maintenance. The Forest
Service should report on the jobs associated with this
program and publicly post this information.
Back-country airstrips.--In place of the reporting
requirements in the House Report for back-country airstrips,
within one year after the date of enactment of this Act, the
Forest Service is directed to provide the Committees with a
general assessment of back-country airstrips on National
Forest System lands with recommendations for improving their
function as an important component of the forest
transportation and recreation system.
Bill Language.--The bill includes language allowing the
transfer of funding from Capital Improvement and Maintenance
to the National Forest System for the Integrated Resource
Restoration pilot.

LAND ACQUISITION

The bill provides $52,605,000 for Land Acquisition, of
which $7,500,000 is for acquisition management; $3,500,000 is
for critical inholdings/cash equalization; and $41,605,000 is
for acquisitions.
This amount will fully fund projects 1 through 30 as
prioritized by the Service pursuant to the Administration's
revised request list provided to the Committees on August 26,
2011. Requests for reprogramming will be considered pursuant
to the guidelines in the front of this statement.
The conferees direct the Forest Service to use inholding
funding to acquire high priority lands within Federal
boundaries that maximize benefits to the public through
consolidated Federal ownership that provides access, creates
management efficiencies, or protects critical resources.
The Secretary of Agriculture is directed to submit a report
to the Committees on Appropriations within 90 days of
enactment of this Act describing current negotiations between
the Forest Service and private landowners for projects
receiving prior year and current appropriations within the
Tongass National Forest, including the overall scope and
timing of these acquisitions.

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

The bill provides $955,000 for the Acquisition of Lands for
National Forests Special Acts.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

The bill provides $227,000 for the Acquisition of Lands to
Complete Land Exchanges.

RANGE BETTERMENT FUND

The bill provides $3,262,000 for the Range Betterment Fund.

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

The bill provides $45,000 for Gifts, Donations and Bequests
for Forest and Rangeland Research.

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

The bill provides $2,577,000 for the Management of National
Forest Lands for Subsistence Uses.

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $1,737,631,000 for Forest Service
Wildland Fire Management. In addition to the funding
provided, the Forest Service is directed to use $240,000,000
in carryover emergency fire suppression funds before
obligating fiscal year 2012 suppression funds. The amount
provided, combined with $315,886,000 in the FLAME Wildfire
Suppression Reserve Fund, fully funds the Forest Service's
10-year average expenditures for fire suppression. The
conferees also provide the following directions:
The Forest Service should complete a plan to replace the
aging fleet of federal air tankers as soon as possible. While
the Forest Service and others have produced study after study
on the critical shortage of firefighting aircraft, there has
been a complete lack of substantive progress this year. The
Service must work more closely with the Department of the
Interior in developing the strategy for replacing the current
air tanker fleet.
Hazardous Fuels.--The bill provides $317,584,000 for
hazardous fuels activities. The Forest Service is directed to
remove the requirement that seventy-five percent of hazardous
fuels funding be spent in the Wildland Urban Interface and
instead the conferees direct hazardous fuels funding be spent
on the highest priority projects in the highest priority
areas.

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $315,886,000 for the FLAME Wildfire
Suppression Reserve Fund.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE (INCLUDING TRANSFERS OF
FUNDS)

The bill includes administrative provisions similar to
previous years.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

Indian Health Services

The bill provides $3,872,377,000 for Indian Health
Services. Of the amount requested for current services, the
conferees have included $56,019,000 above the fiscal year
2011 enacted level, which covers the cost of staffing new
facilities. Program increases above the fiscal year 2011
enacted level include $12,000,000 for the Indian Health Care
Improvement Fund; $3,400,000 for Health IT Security;
$65,000,000 for Contract Health Services; $3,185,000 for
Direct Operations; and $74,500,000 for Contract Support
Costs. In agreement with the request, a reduction of
$7,000,000 has been assumed from savings in grant programs.
The conferees direct the Service to meet its annual Contract
Support Costs reporting requirement due date, and to provide
the Committees with current Contract Support Costs estimates
in conjunction with its annual budget submission.
The Service is directed to update the Committees at least
annually on the progress of the Early Childhood Caries
initiative and the ability of the Service to meet its goals
in the

[[Page H9601]]

allowed time frame. The conferees note that the Service has
already complied with the request contained in the House
report to provide a detailed schedule for implementation of
the Electronic Dental Record system.
Within the overall amount identified in the ``Indian Health
Services'' account for the staffing of new facilities, funds
are directed to the following projects, as requested in the
President's budget request: $1,809,000 for the Carl Albert
Hospital replacement, Ada, Oklahoma; $783,000 for the Lake
County Tribal Health Center, Lakeport, California; $6,294,000
for the Elbowoods Health Center, New Town, North Dakota;
$21,185,000 for the Cheyenne River Health Center, Eagle
Butte, South Dakota; $8,226,000 for the Absentee Shawnee
Health Center, Little Axe, Oklahoma; $7,879,000 for the
Cherokee Nation Vinita Health Center, Vinita, Oklahoma; and
$9,843,000 for joint venture projects. This distribution is
in agreement with the budget estimate as it has been revised
to reflect distributions made under the fiscal year 2011
operating plan, which was not available at the time the
Service's request was submitted to Congress.
The conferees understand that a number of joint venture
construction projects are nearing completion and will require
support for the staffing of these new facilities. The Service
is urged to request sufficient funding in future budgets to
fulfill its obligations to participating tribes in the joint
venture program.
Within the Indian Health Professions activity, the
conferees have continued support for the Recruitment/
Retention of American Indians into Nursing program; the
Indians into Psychology program; and the Indians into
Medicine program.

INDIAN HEALTH FACILITIES

The bill provides $441,052,000 for Indian Health
Facilities. Of the amount requested for current services, the
conferees have included $7,032,000 above the fiscal year 2011
enacted level, which covers the cost of staffing new
facilities. Program changes to the fiscal year 2011 enacted
level include a decrease of $15,955,000 from Sanitation
Facilities Construction, as requested, and an increase of
$46,028,000 for Health Care Facilities Construction.
Within the overall amount identified in the ``Facilities
Services'' account for the staffing of new facilities, funds
are directed to the following projects, as requested in the
President's budget request: $678,000 for the Carl Albert
Hospital replacement, Ada, Oklahoma; $305,000 for the Lake
County Tribal Health Center, Lakeport, California; $1,021,000
for the Elbowoods Health Center, New Town, North Dakota;
$3,487,000 for the Cheyenne River Health Center, Eagle Butte,
South Dakota; $755,000 for the Absentee Shawnee Health
Center, Little Axe, Oklahoma; and $786,000 for the Cherokee
Nation Vinita Health Center, Vinita, Oklahoma.
The amount provided for health care facilities construction
includes, as requested in the President's budget request:
$62,184,000 to complete the Barrow Hospital, Barrow, Alaska;
$10,000,000 for the Kayenta Health Center, Kayenta, Arizona;
$10,000,000 for the San Carlos Health Center, San Carlos,
Arizona; $2,000,000 for the Southern California Youth
Regional Treatment Center, Hemet, California; and $1,000,000
to complete a feasibility report on the use of modular
construction for health facilities.
The conferees are concerned about the large unobligated
balances in the ``Indian Health Services'' and the ``Indian
Health Facilities'' accounts. The conferees direct the
Service to review the programs that have carried high
unobligated balances in recent years and provide a detailed
report to the Committees within 90 days of enactment of this
Act on the causes for these unobligated balances and present
a plan for reducing them.

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

The bill provides $79,054,000 for the National Institute of
Environmental Health Sciences.

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

The bill provides $76,337,000 for the Agency for Toxic
Substances and Disease Registry. Within the funds provided,
$2,000,000 has been included as requested to continue the
important epidemiological studies of health conditions caused
by exposures to uranium released from mining and milling
operations in the Navajo Nation.

OTHER RELATED AGENCIES

Executive Office of the President

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

The bill provides $3,153,000 for the Council on
Environmental Quality and Office of Environmental Quality.

Chemical Safety and Hazard Investigation Board

SALARIES AND EXPENSES

The bill provides $11,147,000 for the Chemical Safety and
Hazard Investigation Board.

Office of Navajo and Hopi Indian Relocation

SALARIES AND EXPENSES

The bill provides $7,750,000 for the Office of Navajo and
Hopi Indian Relocation, Salaries and Expenses.

Institute of American Indian and Alaska Native Culture and Arts
Development

PAYMENT TO THE INSTITUTE

The bill provides $8,533,000 for the Institute of American
Indian and Alaska Native Culture and Arts Development.

Smithsonian Institution

SALARIES AND EXPENSES

The bill provides a total of $811,530,000 for all
Smithsonian Institution accounts, of which $636,530,000 is
provided for salaries and expenses. The conferees encourage
collaborative efforts between the Smithsonian Institution and
regional and rural museums that facilitate greater access to
the Smithsonian's virtual collections such as that of the
Museum of Natural History. The conferees support the joint
venture between the Library of Congress and the Smithsonian
Institution creating a comprehensive compilation of personal
histories and testimonials of individuals who participated in
the Civil Rights movement. The conferees remain committed to
the preservation of priceless, irreplaceable Smithsonian
Institution collections and direct the Smithsonian to take
steps toward implementing the recommendations of a recently
completed audit by the Smithsonian's Office of Inspector
General (OIG) on collections stewardship at the National
Museum of American History. The conferees also support the
decision by the OIG to use the Institution's Strategic Plan
as a standard by which to measure the Institution's
performance in its proposed audits and reviews. The
Smithsonian Institution is directed to work with the
Committees to standardize its annual budget submission
justifications and supporting materials.

FACILITIES CAPITAL

The bill provides $175,000,000 for the Facilities Capital
account of which $75,000,000 is to complete the design and
begin the construction of the National Museum of African
American History and Culture (NMAAHC). Bill language is
included providing that a future procurement for construction
of the NMAAHC may include the full scope of the project, but
that any contract for such procurement must contain a clause
clarifying that any payment under the contract will be
subject to the availability of funds. The Smithsonian is
directed to devote remaining Facilities Capital funds to the
highest and best uses on a priority basis and clearly
articulate in future budget submissions specific funding
needs in priority order for all Facilities Capital program
initiatives.

National Gallery of Art

SALARIES AND EXPENSES

The bill provides $114,066,000 for the Salaries and
Expenses account of the National Gallery of Art of which not
to exceed $3,481,000 is for the special exhibition program.

REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS

The bill provides $14,516,000 for the Repair, Restoration,
and Renovation of Buildings account. Bill language is
included providing the Gallery with the authority to enter
into operating lease agreements of no more than 10 years,
with no extensions or renewals, in order to address space
needs created by ongoing renovations in the Master Facilities
Plan.

John F. Kennedy Center for the Performing Arts

OPERATIONS AND MAINTENANCE

The bill provides $23,200,000 for the Operations and
Maintenance account.

CAPITAL REPAIR AND RESTORATION

The bill provides $13,650,000 for the Capital Repair and
Restoration account.

Woodrow Wilson International Center for Scholars

SALARIES AND EXPENSES

The bill provides $11,005,000 for the Woodrow Wilson
International Center for Scholars.

NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

National Endowment for the Arts

GRANTS AND ADMINISTRATION

The bill provides $146,255,000 for the National Endowment
for the Arts (NEA). The conferees agree that initiatives
begun in prior years, such as the Big Read and Shakespeare in
American Communities, are programs of demonstrated worth that
reach a broad geographic audience. The Endowment is urged to
maintain these grants at an appropriate funding level to
allow a vibrant, competitive program to be maintained.
The conferees understand that the proposal included in the
budget request to eliminate the National Heritage Fellowship
program and the American Jazz Masters Fellowship program was
reconsidered by the Endowment and subsequently withdrawn. The
conferees support this decision and expect the Endowment to
continue its annual recognition of individuals with
outstanding achievements in these disciplines in a similar
manner to past years. The conferees disagree with the
proposal to exempt funds for the ``Our Town'' initiative from
the overall calculation for providing base funding to State
arts agencies and direct that funds be distributed based on
the longstanding agreement that States receive 40 percent of
all appropriated grant funds. Reforms originally instituted
by the Committees more than a decade ago relating to program
priorities and grant guidelines are fully restated in
Sections 418 and 419.

[[Page H9602]]

These reforms maintain broad bipartisan support and the
conferees expect the NEA to adhere to them fully. Further,
the conferees encourage the Administration and the
appropriate committees of jurisdiction in Congress to address
the vacancies on the National Council on the Arts in a
timelier manner than has been the case to date.

National Endowment for the Humanities

GRANTS AND ADMINISTRATION

The bill provides $146,255,000 for the National Endowment
for the Humanities (NEH). The conferees urge the NEH to
provide no less than 40 percent of program funds to support
the critical work of state humanities councils. The conferees
support the Endowment's efforts to encourage a better
understanding of our Nation's history and the democratic
principles upon which it was founded by supporting grants for
the teaching and study of American history. The conferees,
therefore, have included $3,000,000 for the longstanding,
successful We the People initiative. The NEH is encouraged to
include Native American communities in the Bridging Cultures
initiative and to work with tribes in the preservation of
Native American languages through the Documenting Endangered
Languages grant program.

Commission of Fine Arts

SALARIES AND EXPENSES

The bill provides $2,400,000 for the Commission of Fine
Arts.

National Capital Arts and Cultural Affairs

The bill provides $2,000,000 for the National Capital Arts
and Cultural Affairs program. Language has been included in
the bill amending the program's underlying authorization to
ensure that all grantees meet the program's eligibility
requirements.

Advisory Council on Historic Preservation

SALARIES AND EXPENSES

The bill provides $6,108,000 for the Advisory Council on
Historic Preservation.

National Capital Planning Commission

SALARIES AND EXPENSES

The bill provides $8,154,000 for the National Capital
Planning Commission.

United States Holocaust Memorial Museum

HOLOCAUST MEMORIAL MUSEUM

The bill provides $50,798,000 for the United States
Holocaust Memorial Museum. The conferees concur with the
Museum's proposal to re-designate its exhibition fund as an
outreach initiatives fund to broaden access to historic
material, enhance its website, and provide a larger public
education component.

PRESIDIO TRUST

PRESIDIO TRUST FUND

The bill provides $12,000,000 for the Presidio Trust Fund.

Dwight D. Eisenhower Memorial Commission

SALARIES AND EXPENSES

The bill provides $2,000,000 for the Salaries and Expenses
account.

CAPITAL CONSTRUCTION

The bill provides $30,990,000 for Capital Construction.
Bill language has been included authorizing the contracting
officer to procure construction services as long as such
contracts are contingent upon the availability of funds, and
authorizes the Commission to proceed with the construction
process despite not having full funding in place.

TITLE IV--GENERAL PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

The conferees have included various legislative provisions
in Title IV of the bill. A number of these provisions have
been carried in previous years and others are newly proposed
this year. The provisions are:
Section 401 continues a provision providing for public
availability of information on consulting service contracts.
Section 402 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 403 continues a provision providing for annual
appropriations unless expressly provided otherwise in this
Act.
Section 404 continues a provision limiting the use of
personal cooks, chauffeurs or servants.
Section 405 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 406 continues a provision limiting the actions of
the Forest Service and the Bureau of Land Management with
regard to the sale of giant sequoia trees to a manner
consistent with such sales as were conducted in fiscal year
2011.
Section 407 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 408 continues a provision regarding the payment of
contract support costs.
Section 409 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 410 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 411 modifies a provision authorizing the Secretary
of the Interior and the Secretary of Agriculture to enter
into reciprocal agreements with foreign wildfire suppression
organizations.
Section 412 continues a provision through fiscal year 2013
authorizing the Secretary of the Interior and the Secretary
of Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 413 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 414 continues a provision making Alaska red cedar
timber available to domestic mills.
Section 415 extends certain authorities through fiscal year
2013 allowing the Forest Service and Department of the
Interior to renew grazing permits.
Section 416 continues a provision which prohibits no-bid
contracts.
Section 417 continues a provision which requires public
disclosure of certain reports.
Section 418 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 419 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 420 amends existing law to allow for the use of
certain competitive grant funds.
Section 421 extends authorities from the Forest Service
Realignment and Enhancement Act of 2005 through 2016.
Section 422 makes permanent authorities made available to
the Secretary of the Interior and the Chief of the Forest
Service to conduct joint programs to promote customer service
and efficiency.
Section 423 retains a provision allowing the State of Utah,
through contracts or cooperative agreements with the Forest
Service, to perform certain activities on Forest Service
lands through fiscal year 2013.
Section 424 requires the Department of the Interior, EPA,
Forest Service and Indian Health Service to provide the
Committees on Appropriations quarterly reports on the status
of balances of appropriations.
Section 425 requires the President to submit a report to
the Committees on Appropriations no later than 120 days after
submission of the fiscal year 2013 budget request describing
Federal agency obligations and expenditures for climate
change programs in fiscal year 2011.
Section 426 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 427 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 428 provides the Forest Service the authority to
use a pre-decisional objection process in place of post-
decisional appeals.
Section 429 clarifies Silvicultural Operations under the
Federal Water Pollution Control Act.
Section 430 modifies claim maintenance fees for placer
claims held by two or more persons known as association
placer claims.
Section 431 addresses the management of domestic sheep and
bighorn sheep on Federal lands.
Section 432 addresses the issuance of air quality permits
in the Outer Continental Shelf.
Section 433 prohibits funds from being used to enter into
contracts or agreements with any corporation where the agency
is aware of a conviction of a felony under any Federal law
within the preceding 24 months.
Section 434 prohibits funds for contacts or agreements with
any corporation where the agency is aware of any unpaid
Federal tax liability that is not being paid in a timely
manner pursuant to a payment agreement.
Section 435 continues current authorities for operations of
Indian Health Service programs in Alaska.
Section 436 includes an across the board rescission of 0.16
percent. This reduction shall be applied to each program,
project, and activity, except for Miscellaneous Payments to
Indians, which has a different application of the rescission
as specified in the statutory language. The bill also
requires the Office of Management and Budget to submit a
report within 30 days specifying the account and amount of
each rescission.

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

The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2012, put
in place by this division incorporates the following
agreements of the managers. Funds for the individual programs
and activities within the accounts in this division are
displayed in the detailed table at the end of the statement
of the managers for this Act. Funding levels that are not
displayed in the detailed table are identified within this
statement of the managers. In implementing this conference
agreement, the Departments and agencies should be guided by
the language and instructions set forth in Senate Report 112-
84 accompanying the bill, S. 1599, unless specifically
addressed in this statement. In cases where the language and
instructions in the Senate report specifically address the
allocation of funds, each has been reviewed by the conferees
and those that are jointly concurred in have been endorsed in
this statement of managers.

TITLE I

DEPARTMENT OF LABOR

Employment and Training Administration

TRAINING AND EMPLOYMENT SERVICES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $3,195,383,000 for
Training and Employment Services (TES). Of the amount
appropriated under the heading TES, $1,423,383,000 shall be
available for obligation for the period July 1, 2012 through
June 30, 2013, and the remaining $1,772,000,000 shall be
available as an advance appropriation for the period October
1, 2012 through June 30, 2013.
The conferees direct that, beginning with the fiscal year
2013 budget request, the TES detailed workload and
performance tables in the congressional justification
materials be modified to include, as a subset of the
``Participants Served in Employment and Training
Activities,'' the number of participants who participated in
core and intensive services, the number of participants who
participated in training services, the number of exiters, and
the number of exiters who gained employment.
The conference agreement includes $1,008,432,000 for
Dislocated Worker Assistance employment and training
activities, of which $148,432,000 shall be available for
obligation for the period July 1, 2012 through June 30, 2013,
and the remaining $860,000,000 shall be available as an
advance appropriation for the period October 1, 2012 through
June 30, 2013. The conferees continue to support the use of
National Emergency Grants to meet unanticipated increases in
demand for employment and training services and encourage a
rapid execution of funding throughout the program year to
address these needs throughout the country.
The conference agreement includes $84,451,000 for migrant
and seasonal farmworker formula grants. The conferees direct
that $5,689,000 shall be for migrant and seasonal farmworker
housing grants, of which not less than 70 percent of this
amount shall be used for permanent housing grants. The
conferees further direct the Department of Labor to submit
annual reports documenting the use of farmworker housing
funds. The reports should include information on the amount
of funds used for permanent and temporary housing activities,
respectively; a list of the communities served; a list of the
grantees and the states in which they are located; the total
number of individuals or families served; and a list of
allowable temporary housing activities.
The conference agreement includes $50,000,000 for the
Workforce Innovation Fund.
The conference agreement includes new language that
provides that funding previously made available under Public
Law 112-10 designated for young parents training grants may
be used for research and implementation activities related to
the VOW to Hire Heroes Act of 2011 and other pilots,
demonstrations, and research activities.
The conferees note that the National Guard's Youth
ChalleNGe program at the Department of Defense provides a
structured high school curriculum in a residential setting
for 16- to 18-year old high school dropouts across 27 states.
However, the success of this program is hindered by the lack
of a formalized employment training component. As the
Department of Labor has a long history with such endeavors,
the conferees encourage the Secretary of Labor to work with
the Department of Defense, providing technical assistance and
guidance where needed, in establishing a vocational training
component within the Youth ChalleNGe program.
The conference agreement includes a directive for the
Government Accountability Office to assess the capabilities
of the Adult and Dislocated Worker Employment and Training
programs to adequately prepare participants for currently
available jobs. The study shall include, but is not limited
to, the following:
1. An evaluation of the means by which Workforce Investment
Act (WIA) local areas identify currently available jobs and
the skills required for those jobs in potential growth
sectors of the economy. This may include an evaluation of
decisions by regional and local WIA areas and an assessment
of the quality of available labor market information and job
projections.
2. An evaluation of the means by which WIA local areas
direct program participants to prepare or train for currently
or soon-to-be available jobs in the WIA area. To the extent
that prospects for employment are greater outside the WIA
area, the evaluation will assess the extent to which WIA
areas help the participants of the programs prepare or train
for these jobs.
3. A compilation of any recommendations on how participants
may be better prepared for current openings and for openings
in growth sectors of the economy.
The conference agreement includes $6,475,000 for the
Workforce Data Quality Initiative.

OFFICE OF JOB CORPS

The conference agreement includes $1,706,171,000 for the
Office of Job Corps (OJC). The budget request includes
$1,033,747,000 in fiscal year 2012 funding and, in addition,
$666,000,000 in advance funding for fiscal year 2013. The
conferees provide full funding for OJC in fiscal year 2012,
eliminating the need for advance appropriations, and direct
the Secretary of Labor to submit future budget requests for
OJC without advance appropriations beginning with the fiscal
year 2013 budget submission.

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

The conference agreement includes $449,100,000 for
Community Service Employment for Older Americans.

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

The conference agreement includes $4,094,672,000 for State
Unemployment Insurance and Employment Service Operations,
including a total of $60,000,000 to conduct in-person
reemployment and eligibility assessments (REA) and
unemployment insurance improper payment reviews.
The conference agreement for Unemployment Insurance (UI)
State operations does not explicitly include funds for the
expansion of REAs or for the new initiative requested for UI
operations incentive grants for improved operations. Funds
not required for workload should be used by the Department to
increase REA funding and other activities to address improper
payments, to fund State requests for technology improvement
funding, and to initiate performance improvement grants.
The conference agreement does not include funding requested
for expansion of the worker misclassification initiative.

PROGRAM ADMINISTRATION

The conference agreement includes $147,360,000 for Program
Administration.
The conference agreement does not include funding requested
for expansion of the worker misclassification initiative.

Employee Benefits Security Administration

SALARIES AND EXPENSES

The conference agreement includes $183,500,000 for the
Employee Benefits Security Administration.

Wage and Hour Division

SALARIES AND EXPENSES

The conference agreement includes $227,491,000 for the Wage
and Hour Division.
The conference agreement does not include funding requested
for expansion of the worker misclassification initiative.

Office of Federal Contract Compliance Programs

SALARIES AND EXPENSES

The conference agreement includes $105,386,000 for the
Office of Federal Contract Compliance Programs.
The conference agreement does not include funding requested
for expansion of the worker misclassification initiative.

Occupational Safety and Health Administration

SALARIES AND EXPENSES

The conference agreement includes $565,857,000 for the
Occupational Safety and Health Administration (OSHA).
The conferees note that OSHA's National Emphasis Program
(NEP) on Recordkeeping has been underway since October, 2009,
to assess the accuracy of injury and illness data recorded by
employers. The conferees direct the Secretary of Labor to
submit a report, not later than 90 days after enactment of
this Act, to the Committees on Appropriations of the House
and the Senate detailing the findings of this NEP, as well as
other Department activities, related to the accuracy of
employer reporting of injury and illness data.

Mine Safety and Health Administration

SALARIES AND EXPENSES

The conference agreement includes $374,000,000 for the Mine
Safety and Health Administration (MSHA).
The conference agreement provides sufficient funding to
improve MSHA's emergency response operations and rescue
capabilities through the upgrade of emergency response
equipment and the purchase and deployment of new underground
mine rescue communications systems for mine rescue teams,
continue making progress on the elimination of the backlog of
mine safety and health appeals, support the reorganization
and strengthening of the Office of Accountability within the
assessments line, upgrade the Mt. Hope laboratory, continue
the coal dust spot inspection program, and acquire continuous
personal dust monitors for MSHA personnel.

[[Page H9631]]

Bureau of Labor Statistics

SALARIES AND EXPENSES

The conference agreement includes $610,224,000 for the
Bureau of Labor Statistics (BLS).

General Provisions

JOB CORPS COMPENSATION

The conference agreement modifies a provision that
prohibits the use of Job Corps funding from being used to
compensate an individual at a rate in excess of Executive
Level II.

American Competitiveness and Workforce Improvement Act

The conference agreement modifies a provision relating to
grants made from the Department of Labor under the authority
of the American Competitiveness and Workforce Improvement
Act.

EMPLOYMENT AND TRAINING ADMINISTRATION COMPENSATION

The conference agreement modifies a provision to prohibit
the use of funds provided to the Employment and Training
Administration for the compensation of any individual at a
rate in excess of Executive Level II.

TRANSFER AUTHORITY FOR TECHNICAL ASSISTANCE SERVICES

The conference agreement modifies a provision providing the
Secretary of Labor with the authority to transfer funds made
available to the Employment and Training Administration by
this Act, or by Public Law 112-10, for technical assistance
services to Program Administration.

DEFINITION OF FIDUCIARY REGULATION

The conference agreement includes a new provision relating
to the ``Definition of Fiduciary'' regulation being developed
by the Employee Benefits Security Administration (Regulatory
Identification Number 1210-AB32). The conferees understand
that it is the Secretary of Labor's intention to formally
withdraw this proposed rule upon the issuance of a new notice
of proposed rulemaking (NPRM). This section shall not be
construed as preventing the Secretary from publishing a new
or revised NPRM relating to the definition of a fiduciary,
provided that interested parties and stakeholders are
afforded a sufficient opportunity to review and comment on
the proposed rulemaking.

WAGE METHODOLOGY FOR THE TEMPORARY NON-AGRICULTURAL EMPLOYMENT H-2B
PROGRAM REGULATION

The conference agreement modifies a provision relating to
the ``Wage Methodology for the Temporary Non-Agricultural
Employment H-2B Program'' regulation published by the
Employment and Training Administration.

OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING REQUIREMENTS--
MUSCULOSKELETAL DISORDERS (MSD) COLUMN REGULATION

The conference agreement includes a new provision relating
to the ``Occupational Injury and Illness Recording and
Reporting Requirements--Musculoskeletal Disorders (MSD)
Column'' regulation being developed by the Occupational
Safety and Health Administration.

LOWERING MINERS' EXPOSURE TO COAL MINE DUST, INCLUDING CONTINUOUS
PERSONAL DUST MONITORS REGULATION

The conference agreement includes a new provision relating
to the ``Lowering Miners'' Exposure to Coal Mine Dust,
Including Continuous Personal Dust Monitors'' regulation
being developed by the Mine Safety and Health Administration
(MSHA). This section is not intended to restrict MSHA's
ability to enforce the current rule while this section is in
effect or address any compliance assistance or training needs
arising from the publication of the final rule during the
effective period of this section.

OVERTIME EXEMPTIONS FOR SERVICE ADVISORS IN AUTOMOTIVE DEALERSHIPS

The conference agreement includes a new provision relating
to overtime exemptions as defined by the Fair Labor Standards
Act.

TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

The conference agreement includes $6,450,534,000 for the
Health Resources and Services Administration (HRSA). In
addition, $25,000,000 is made available under section 241 of
the Public Health Service (PHS) Act.
The conference agreement includes bill language that
divides HRSA into several accounts to improve transparency
and accountability. The conferees direct that future budget
requests reflect this new structure.

PRIMARY HEALTH CARE

The conference agreement includes $1,598,957,000 for
Primary Health Care.

HEALTH WORKFORCE

The conference agreement includes $734,402,000 for Health
Workforce.
Within the funds provided for Training in Oral Health Care,
the conferees include $7,563,000 each for general and
pediatric dentistry.
The conference agreement includes language prohibiting
health workforce funds to be used for section 340G-1, the
Alternative Dental Health Care Providers Demonstration
programs.
Within the funds provided for Public Health and Preventive
Medicine Programs, the conferees direct HRSA to fund
preventive medicine residencies at no less than fiscal year
2011 levels. The conferees have provided sufficient funding
for a national coordinating center and $2,500,000 for grants
to incorporate competency-based integrative medicine
curricula in graduate medical education.
Within the funds for Advanced Education Nursing, the
conferees direct HRSA to allocate funding for nurse
anesthetist education at no less than fiscal year 2011
levels.

MATERNAL AND CHILD HEALTH

The conference agreement includes $863,607,000 for Maternal
and Child Health.
The conference agreement includes bill language setting
aside $79,586,000 for Special Projects of Regional and
National Significance (SPRANS). The agreement includes
sufficient funding to continue State grants and the set-
asides for oral health, epilepsy, sickle cell, and fetal
alcohol syndrome at no less than fiscal year 2011 levels.
Within the funding provided for the Autism and Other
Related Developmental Disorders program, the conferees direct
HRSA to fund the Leadership Education in Neurodevelopmental
and Related Disabilities (LEND) program at no less than
fiscal year 2011 levels.

RYAN WHITE HIV/AIDS PROGRAMS

The conference agreement includes $2,351,665,000 for Ryan
White HIV/AIDS Programs, of which $2,326,665,000 is provided
as budget authority and $25,000,000 is made available under
section 241 of the Public Health Service Act.
The conferees intend that HRSA allocate funds for the
Minority AIDS Initiative within the Ryan White HIV Programs
at no less than the fiscal year 2011 funding level.

HEALTH CARE SYSTEMS

The conference agreement includes $83,526,000 for Health
Care Systems.

RURAL HEALTH

The conference agreement includes $139,832,000 for Rural
Health.
Rural Outreach Models.-- The conferees recognize the
continuing challenges facing rural communities in providing
adequate healthcare services. The conferees urge HRSA to
consider projects that demonstrate new and innovative models
of outreach in rural areas, such as the integration and
coordination of health services; the utilization of
technologies to improve access to health services; distance
education for health professionals; and activities that
improve mental healthcare services in rural areas.

FAMILY PLANNING

The conference agreement includes $297,400,000 for Family
Planning.

PROGRAM MANAGEMENT

The conference agreement includes $161,815,000 for Program
Management.

Centers for Disease Control and Prevention

The conference agreement includes $5,667,735,000 in
discretionary appropriations for the Centers for Disease
Control and Prevention (CDC). In addition, $371,357,000 is
made available under section 241 of the Public Health Service
(PHS) Act.
The conference agreement includes bill language that
divides CDC into several accounts to improve transparency and
accountability. The conferees direct that future budget
requests, to include the fiscal year 2013 budget request,
reflect this new structure. Further, the conferees direct CDC
to provide additional programmatic information in budget
justifications beginning in fiscal year 2014. This
information shall be included for every activity identified
in this Statement of the Managers and shall include: a short
description of the nature of CDC's work on a particular
subject; the number of new and continuing grants made; the
average grant size; and a State-by-State table for any
formula-based funding. The conferees understand that the
fiscal year 2013 justification is already in draft form;
therefore, the conferees expect an operating plan 90 days
after enactment of this Act that details spending levels for
all CDC budget lines included in this Statement of the
Managers.
Extramural Research.--The conferees request a report from
CDC by March 1 of each year that details the breakdown of
intramural and extramural funding for each program of the
various offices and centers at CDC. This report shall include
the amount of funding in each Center dedicated to
administrative activities.

IMMUNIZATION AND RESPIRATORY DISEASES

The conference agreement includes $579,375,000 for
Immunization and Respiratory Diseases. In addition,
$12,864,000 is made available under section 241 of the PHS
Act.
Within the program level total for Immunization and
Respiratory Diseases, the conference agreement includes the
following amounts:

------------------------------------------------------------------------
Budget Activity Conference
------------------------------------------------------------------------
Section 317 Immunization Program........................ $369,553,000
Program Operations...................................... 63,005,000
National Immunization Survey........................ 12,864,000
Influenza............................................... 159,681,000
------------------------------------------------------------------------

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND
TUBERCULOSIS PREVENTION

The conference agreement includes $1,105,995,000 for HIV/
AIDS, Viral Hepatitis,

[[Page H9632]]

Sexually Transmitted Diseases and Tuberculosis Prevention.
Within the total for HIV/AIDS, Viral Hepatitis, Sexually
Transmitted Diseases, and Tuberculosis Prevention, the
conference agreement includes the following amounts:

------------------------------------------------------------------------
Budget Activity Conference
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research
HIV Prevention by Health Departments................ $336,912,000
HIV Surveillance.................................... 117,667,000
National/Regional/Local/Community/Other............. 138,059,000
Enhanced HIV Testing................................ 65,401,000
Improving Program Effectiveness..................... 102,406,000
School Health....................................... 30,000,000
Viral Hepatitis......................................... 19,784,000
Sexually Transmitted Diseases........................... 154,666,000
Tuberculosis............................................ 141,100,000
------------------------------------------------------------------------

Within the total for Domestic HIV/AIDS Prevention and
Research programs, the conference agreement provides funding
at no less than the fiscal year 2011 level to support
activities that are targeted to address the growing HIV/AIDS
epidemic and its disparate impact on communities of color,
including African Americans, Latinos, Native Americans, Asian
Americans, Native Hawaiians, and Pacific Islanders.

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

The conference agreement includes $253,919,000 for Emerging
and Zoonotic Infectious Diseases.
Within the total for Emerging and Zoonotic Infectious
Diseases, the conference agreement includes the following
amounts:

------------------------------------------------------------------------
Budget Activity Conference
------------------------------------------------------------------------
Vector-borne Diseases................................... $23,232,000
Lyme Disease............................................ 8,773,000
Food Safety............................................. 27,172,000
Prion Disease........................................... 5,000,000
Chronic Fatigue Syndrome................................ 4,737,000
Emerging Infectious Diseases............................ 124,151,000
National Healthcare Safety Network...................... 14,872,000
Quarantine.............................................. 26,032,000
------------------------------------------------------------------------

Lyme Disease.--The conferees encourage CDC to expand its
activities related to developing sensitive and more accurate
diagnostic tools and tests for Lyme disease, including the
evaluation of emerging diagnostic methods and improving
utilization of diagnostic testing to account for the multiple
clinical manifestations of acute and chronic Lyme disease.
CDC is encouraged to expand its epidemiological research
activities on tick-borne diseases, to include an objective to
determine the long-term course of illness for Lyme disease
and to improve surveillance and reporting of Lyme and other
tick-borne diseases in order to produce more accurate data on
their prevalence. Finally, the conferees encourage CDC to
evaluate the feasibility of developing a national reporting
system on Lyme disease, including laboratory reporting; and
to expand prevention of Lyme and tick-borne diseases through
increased community-based public education and creating a
physician education program that includes the full
spectrum of scientific research on the diseases.

CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

The conference agreement includes $760,700,000 for Chronic
Disease Prevention and Health Promotion.
Within the total for Chronic Disease Prevention and Health
Promotion, the conference agreement includes the following
amounts:

------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Tobacco................................................. 108,685,000
Nutrition, Physical Activity, and Obesity............... 34,189,000
School Health........................................... 13,600,000
Food Allergies...................................... 488,000
Health Promotion........................................ 17,682,000
Community Health Promotion.......................... 6,141,000
Glaucoma............................................ 3,337,000
Visual Screening Education.......................... 511,000
Alzheimer's Disease................................. 1,812,000
Inflammatory Bowel Disease.......................... 680,000
Interstitial Cystitis............................... 654,000
Excessive Alcohol Use............................... 2,454,000
Chronic Kidney Disease.............................. 2,093,000
Prevention Research Centers............................. 18,001,000
Heart Disease and Stroke................................ 55,284,000
Diabetes................................................ 64,796,000
Cancer Prevention and Control........................... 350,332,000
Breast and Cervical Cancer.......................... 206,001,000
WISEWOMAN....................................... 20,745,000
Breast Cancer Awareness for Young Women............. 4,908,000
Cancer Registries................................... 50,295,000
Colorectal Cancer................................... 43,070,000
Comprehensive Cancer................................ 20,313,000
Johanna's Law....................................... 5,000,000
Ovarian Cancer...................................... 4,909,000
Prostate Cancer..................................... 13,188,000
Skin Cancer......................................... 2,150,000
Cancer Survivorship Resource Center................. 498,000
Oral Health............................................. 14,726,000
Safe Motherhood/Infant Health........................... 44,049,000
Other Chronic Diseases.................................. 25,338,000
Arthritis........................................... 13,075,000
Epilepsy............................................ 7,801,000
National Lupus Patient Registry..................... 4,462,000
Community Grants........................................ 14,018,000
Healthy Communities................................. 0
REACH............................................... 14,018,000
------------------------------------------------------------------------

The conferees expect the Office of Smoking and Health to
transfer no less than the amount it did in fiscal year 2011
to the Environmental Health Laboratory. The conferees intend
that this transfer is to be provided to the lab in a manner
that supplements and in no way replaces existing funding for
tobacco-related activities.
The conferees are pleased to learn that CDC has decided to
retain the Division of Oral Health. This action is supported
by a recent Institute of Medicine (IOM) report titled
``Advancing Oral Health in America'' that recommends oral
health be given a high priority within HHS. This decision
will allow CDC to focus on the prevention and elimination of
oral disease, support state oral health infrastructure
programs, and improve the coordination of oral health
activities with other chronic disease prevention activities.

BIRTH DEFECTS AND DEVELOPMENTAL DISEASES

The conference agreement includes $138,072,000 for birth
defects and developmental diseases.
The conferees have rejected the consolidation proposed in
the fiscal year 2012 budget for disability initiatives in the
National Center on Birth Defects and Developmental
Disabilities (NCBDDD). The conferees direct that any new
consolidation put forward by the administration be
accompanied by an assessment of the needs of people with
disabilities that includes the categories of disabilities
currently served, validates the value of such a
consolidation, considers the input of stakeholders, and
establishes the basis for any proposed efficiencies and
commonalities.
Within the total for Birth Defects and Developmental
Diseases, the conference agreement includes the following
amounts:

------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Child Health and Development............................ $62,295,000
Birth Defects....................................... 20,304,000
Craniofacial Malformation........................... 1,809,000
Fetal Death......................................... 808,000
Fetal Alcohol Syndrome.............................. 9,891,000
Folic Acid.......................................... 2,795,000
Infant Health....................................... 7,925,000
Autism.............................................. 21,380,000
Health and Development for People with Disabilities..... 56,920,000
Disability & Health (incl. Child Development)....... 17,893,000
Limb Loss........................................... 2,836,000
Tourette Syndrome................................... 1,701,000
Early Hearing Detection and Intervention............ 10,672,000
Muscular Dystrophy.................................. 5,865,000
Paralysis Resource Center........................... 6,739,000
Attention Deficit Hyperactivity Disorder............ 1,718,000
Fragile X........................................... 1,684,000
Spina Bifida........................................ 5,812,000
Congenital Heart Failure............................ 2,000,000
Public Health Approach to Blood Disorders............... 18,857,000
Hemophilia.......................................... 16,670,000
Thallasemia......................................... 1,861,000
------------------------------------------------------------------------

Congenital Heart Disease.--The conferees are concerned that
there is a lack of rigorous epidemiological and longitudinal
data on individuals of all ages with congenital heart disease
and has included funding to begin to compile this
information. The conferees are particularly interested in
information on prevalence, barriers to effective care,
survival outcomes and neurocognitive outcomes.

PUBLIC HEALTH SCIENTIFIC SERVICES

The conference agreement includes $144,795,000 for public
health scientific services. In addition, $247,769,000 is made
available under section 241 of the PHS Act.
Within the total for Public Health Scientific Services, the
conference agreement includes the following amounts:

The conferees remain supportive of the Primary
Immunodeficiency Education and Awareness Program. The program
has successfully leveraged federal money and private
contributions to improve the quality of life for these
patients.

ENVIRONMENTAL HEALTH

The conference agreement includes $105,598,000 for
environmental health programs.
Within the total for Environmental Health, the conference
agreement includes the following amounts:

------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Environmental Health Laboratory......................... $42,628,000
Newborn Screening Quality Assurance Program........... 6,865,000
Newborn Screening /Severe Combined Immuno. Diseases... 970,000
Environmental Health Activities......................... 35,526,000
Safe Water............................................ 7,150,000
Volcanic Emissions.................................... 197,000
Environmental and Health Outcome Tracking............. 0
Amyotrophic Lateral Sclerosis (ALS) Registry.......... 5,903,000
Climate Change........................................ 7,401,000
Built Environment and Health Initiative............... 2,634,000
Asthma.................................................. 25,444,000
Lead Poisoning.......................................... 2,000,000
------------------------------------------------------------------------

The conferees direct CDC to continue its support of the
National Asthma Control Program as currently structured.
The conferees intend that the funds provided for the CDC
lead poisoning program be used to maintain expertise and
analysis at the national level and to provide a resource for
States and localities.

INJURY PREVENTION AND CONTROL

The conference agreement includes $138,480,000 for injury
prevention and control activities.
Within the total for Injury Prevention and Control, the
conference agreement includes the following amounts:

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

The conference agreement includes $182,903,000 for
Occupational Safety and Health. In addition, $110,724,000 is
made available under section 241 of the PHS Act.
Within the total for Occupational Safety and Health, the
conference agreement includes the following amounts:

[[Page H9633]]

------------------------------------------------------------------------
FY 2012
Budget activity Committee
------------------------------------------------------------------------
Education and Research Centers.......................... $24,321,000
Personal Protective Technology.......................... 16,828,000
Healthier Workforce Centers............................. 5,026,000
National Occupational Research Agenda................... 111,367,000
Mining Research......................................... 52,687,000
Other Occupational Safety and Health Research........... 83,398,000
Miners Choice......................................... 647,000
National Mesothelioma Registry and Tissue Bank........ 1,022,000
------------------------------------------------------------------------

Within the total for the National Occupational Research
Agenda, the conferees provide no less than fiscal year 2011
levels for the Agriculture, Forestry, and Fishing Program.

ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM

The conference agreement includes $55,358,000 for CDC's
responsibilities with respect to the Energy Employee
Occupational Illness Compensation Program.

GLOBAL HEALTH

The conference agreement includes $349,547,000 for global
health activities.
Within the total for Global Health, the conference
agreement includes the following amounts:

------------------------------------------------------------------------
FY 2012
Budget activity Committee
------------------------------------------------------------------------
Global AIDS Program..................................... $118,023,000
Global Immunization Program............................. 160,854,000
Polio Eradication..................................... 111,597,000
Other Global/Measles.................................. 49,257,000
Global Disease Detection and Emergency Response......... 41,902,000
Parasitic Diseases/Malaria1............................. 19,467,000
Global Public Health.................................... 9,301,000
------------------------------------------------------------------------

PUBLIC HEALTH PREPAREDNESS AND RESPONSE

The conference agreement includes $1,306,906,000 for public
health preparedness and response activities.
Within the total for Public Health Preparedness and
Response, the conference agreement includes the following
amounts:

------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $643,069,000
Agreements.............................................
Centers for Public Health Preparedness.................. 7,997,000
Advanced Practice Centers............................... 0
All Other State and Local Capacity...................... 7,784,000
CDC Preparedness and Response........................... 138,570,000
BioSense.............................................. 20,772,000
Lab Reporting......................................... 8,092,000
Strategic National Stockpile............................ 509,486,000
------------------------------------------------------------------------

CDC-WIDE ACTIVITIES

The conference agreement includes $621,445,000 for CDC-wide
activities.
Within the total for CDC-Wide Activities, the conference
agreement includes the following amounts:

The conference agreement includes language making Vessel
Sanitation Program user fees available through September 30,
2013.
Working Capital Fund.--The conferees have included bill
language that allows CDC to begin creating a Working Capital
Fund (WCF) to achieve greater cost efficiencies across the
administrative operations of the agency. The conferees expect
this WCF to begin making disbursements no sooner than fiscal
year 2014. CDC shall notify the House and Senate Committees
on Appropriations prior to any funds being transferred to or
deposited in the WCF.
The conferees direct CDC to create a strong auditing system
for the WCF, which shall include annual auditing of the
calculation by which programs are charged to ensure that WCF
funds are used solely for administrative costs and that CDC
Centers and Offices are not over-charged for services. The
conferees instruct that the structure of the WCF shall assume
no more than a 2 year availability of any funds within it,
that no construction of facilities shall be allowable costs,
and that all allowable costs are clearly defined. The
conferees further direct that the governance system be
designed to include a role for all Center Directors in
overseeing the costs incurred. The Committees on
Appropriations expect quarterly briefings on the progress
being made in drafting the charter and the methodology being
used to set up the WCF.
Within the amount provided for Business Services, the
conferees have made $30,000,000 available until September 30,
2013.

National Institutes of Health

The conference agreement includes $30,689,990,000 for the
accounts that comprise the National Institutes of Health
(NIH) total appropriation. This total does not include any
funding for the Global Fund to Fight AIDS, Tuberculosis and
Malaria; the conferees understand that all fiscal year 2012
funding for the Global Fund is provided through Division I
(Department of State, Foreign Operations, and Related
Programs). The conference agreement continues the allocation
to NIH of $8,200,000 in program evaluation set-aside funding.
Appropriation levels for individual institutes and centers
are described in the table at the end of this statement of
managers.
The conferees recognize NIH's mission to invest in basic
biomedical research and apply that knowledge to enhance our
Nation's health and well-being, lengthen life, and reduce the
burdens of illness and disability. NIH is strongly urged to
ensure its policies continue to support a robust extramural
community and make certain sufficient research resources are
available to the more than 300,000 NIH-supported scientists
at over 3,100 institutions across the country. The conferees
affirm the critical importance of new and competing research
project grants (RPGs) to the mission of NIH and are concerned
that in the past few years, NIH has failed to support the
number of new, competing RPGs that it estimated would be
awarded in its annual congressional budget justifications.
The conferees expect NIH to evaluate its new grant-estimating
methodology to improve its accuracy and support as many
scientifically meritorious new and competing RPGs as
possible, at a reasonable award level, with the funding
provided in this Act.
In recent years, extramural research has accounted for
nearly 90 percent of NIH's budget. The conferees strongly
urge NIH to maintain at least that level in fiscal year 2012.
NIH should also establish safeguards to ensure the percentage
of funds used to support basic research across NIH is
maintained.
The Office of the Director (OD) shall ensure, as
practicable, the programs and offices within OD receive
increases proportional to the overall increase, unless
otherwise specified. The conferees request quarterly
notification on obligations from the NIH Director's
Discretionary Fund to the Committees on Appropriations of the
House of Representatives and the Senate.
The conferees expect NIH to continue the long-standing
policy for Common Fund projects to be short-term, high-impact
awards, with no projects receiving funding for more than 10
years. The conferees recognize that certain investigator-
initiated programs such as Pioneer Awards may be exceptions
to the 10-year limit. Any other proposed exceptions should be
explained in the fiscal year 2013 congressional budget
justification.
The conference agreement includes language to eliminate the
National Center for Research Resources (NCRR) and create the
National Center for Advancing Translational Sciences (NCATS).
NCATS will study steps in the therapeutics development and
implementation process, consult with experts in academia and
the biotechnology and pharmaceutical industries to identify
bottlenecks in the processes that are amenable to re-
engineering, and develop new technologies and innovative
methods for streamlining the processes. In order to evaluate
these innovations and new approaches, NCATS will undertake
targeted therapeutics development and implementation
projects. In all of these efforts, the conferees expect that
NCATS will complement, not compete with, the efforts of the
private sector.
While the conferees welcome the creation of NCATS, they
were disappointed by the way the administration requested it.
The President's proposed budget for fiscal year 2012 included
a vague description of NCATS but did not formally request
funding for the restructuring or provide any details about
which components of NIH would be consolidated into the new
Center. The failure to do so caused unnecessary
uncertainty about the proposal and contributed to the
impression that it was being rushed. The conferees are
also aware of concerns that the NIH process for evaluating
the merits of the NCATS reorganization did not comply with
the NIH Reform Act of 2006 with respect to the role of the
Scientific Management Review Board (SMRB).
Lessons learned with NCATS should guide NIH as it considers
another proposed restructuring, one that would involve
consolidating NIDA, NIAAA and components of other Institutes
and Centers (ICs) into a new Institute devoted to research on
substance use, abuse and addiction. The conferees understand
that NIH plans to adopt a more deliberate approach in
evaluating the need for this Institute. The conferees
strongly recommend that this approach should include full
consideration by the SMRB and that if the administration
ultimately decides to seek such a restructuring, it should
provide sufficient details in a formal budget request to
Congress.
The following table provides the specific funding levels
for the institutes and centers and displays the comparable
adjustments related to the reorganization.

----------------------------------------------------------------------------------------------------------------
FY 2011
(Dollars in thousands) FY 2011 Reallocation reorganization FY 2012
Enacted* of resources comparable enacted
----------------------------------------------------------------------------------------------------------------
National Cancer Institute (NCI)................. $5,058,577 -4,163 $5,054,414 $5,081,788
Therapeutics for Rare and Neglected Disease .............. -4,163 .............. ..............
(TRND).....................................
National Heart, Lung, and Blood Institute 3,069,723 -1,489 3,068,234 3,084,851
(NHLBI)........................................
Clinical Research Resources................. .............. +995 .............. ..............
Biotechnology Research Resources............ .............. +29
Research Management & Support............... .............. +14
TRND........................................ .............. -2,527

[[Page H9634]]

National Institute of Dental & Craniofacial 409,608 -337 409,271 411,488
Research (NIDCR)...............................
TRND........................................ .............. -337
Nat. Inst. of Diabetes & Digestive & Kidney 1,792,224 -1,476 1,790,748 1,800,447
Diseases (NIDDK)...............................
TRND........................................ .............. -1,476
National Institute of Neurological Disorders and 1,622,003 -1,335 1,620,668 1,629,445
Stroke (NINDS).................................
TRND........................................ .............. -1,335
National Institute of Allergy and Infectious 4,478,668 -3,689 4,474,979 4,499,215
Diseases (NIAID)...............................
TRND........................................ .............. -3,689
National Institute of General Medical Sciences 2,033,782 +338,010 2,371,792 2,434,637
(NIGMS)........................................
Institutional Development Awards (IDeA)..... +226,480
Biotechnology Research Resources............ .............. +97,114
Research Infrastructure..................... .............. +8,853
Research Management & Support............... .............. +7,237
TRND........................................ .............. -1,674
Nat. Inst. of Child Health and Human Development 1,317,854 -1,085 1,316,769 1,323,900
(NICHD)........................................
TRND........................................ .............. -1,085
National Eye Institute (NEI).................... 700,828 -577 700,251 704,043
TRND........................................ .............. -577
National Institute of Environmental Health 683,724 -555 683,169 686,869
Sciences (NIEHS)...............................
TRND........................................ .............. -555
National Institute on Aging (NIA)............... 1,100,481 -906 1,099,575 1,105,530
TRND........................................ .............. -906
Nat. Inst. Arthritis & Musculoskeletal & Skin 534,349 -440 533,909 536,801
Diseases (NIAMS)...............................
TRND........................................ .............. -440
Nat. Inst. on Deafness & Other Communication 415,155 -341 414,814 417,061
Disorders (NIDCD)..............................
TRND........................................ .............. -341
National Institute of Mental Health (NIMH)...... 1,476,294 -1,215 1,475,079 1,483,068
TRND........................................ .............. -1,215
National Institute on Drug Abuse (NIDA)......... 1,050,542 -865 1,049,677 1,055,362
TRND........................................ .............. -865
National Institute on Alcohol Abuse and 458,286 -377 457,909 460,389
Alcoholism (NIAAA).............................
TRND........................................ .............. -377
National Institute of Nursing Research (NINR)... 144,381 -119 144,262 145,043
TRND........................................ .............. -119
National Human Genome Research Institute (NHGRI) 511,497 -421 511,076 513,844
TRND........................................ .............. -421
National Institute of Biomedical Imaging and 313,802 +23,370 337,172 338,998
Bioengineering (NIBIB).........................
Biotechnology Research Resources............ .............. +22,977
Research Management & Support............... .............. +651
TRND........................................ .............. -258
National Institute on Minority Health and Health 209,714 +65,757 275,471 276,963
Disparities (NIMHD)............................
Research Centers in Minority Institutions... .............. +58,686
Biotechnology Research Resources............ .............. +1,784
Research Infrastructure..................... .............. +2,578
Research Management & Support............... .............. +2,882
TRND........................................ .............. -173
National Center for Research Resources (NCRR)... 1,257,754 -1,257,754 0 0
National Center for Complementary and 127,713 -105 127,608 128,299
Alternative Medicine (NCCAM)...................
TRND........................................ .............. -105 .............. 0
John E. Fogarty International Center (FIC)...... 69,436 -58 69,378 69,754
TRND........................................ .............. -58 .............. 0
National Library of Medicine (NLM).............. 336,733 -277 336,456 338,278
TRND........................................ .............. -277 .............. 0
Office of the Director (OD)..................... 1,166,963 +287,042 1,454,005 1,461,880
Comparative Medicine (incl. Nat'l Primate .............. +194,921
Res. Centers)..............................
Shared & High-end Instrumentation........... .............. +64,114
Clinical Research Resources................. .............. +769
Biotechnology Research Resources............ .............. +8,505
Research Infrastructure..................... .............. +6,655
Research Management & Support............... .............. +9,594
Science Education Partnership Award......... .............. +18,480
Clinical Research Resources................. .............. +534
Biotechnology Research Resources............ .............. +552
Research Management & Support............... .............. +716
Office of Rare Diseases Research............ .............. -17,798
National Center for Advancing Translational 0 +563,405 563,405 576,456
Sciences (NCATS)...............................
Clinical & Translational Science Awards .............. +457,700
(CTSAs)....................................
Clinical Research Resources................. .............. +27,879
Biotechnology Research Resources............ .............. +18,633
Research Management & Support............... .............. +16,316
NCBI/PA..................................... .............. +1,079
TRND........................................ .............. +24,000
Office of Rare Diseases Research............ .............. +17,798
Cures Acceleration Network (CAN)............ .............. 0
----------------------------------------------------------------------------------------------------------------
Note: The FY 2011 enacted level does not include transfers.

Cures Acceleration Network (CAN).--The conferees provide
NCATS with up to $10,000,000 to support the CAN Board and
related activities. The conferees expect a high bar for any
use of waiver authority for CAN grant matching funds; any use
should be extremely limited to maximize funds towards the CAN
goals. The conferees encourage the CAN Board to create
general principles and measurable outcomes to track success.
The conferees request NCATS to charter an Institute of
Medicine (IOM) work group to review, evaluate, and identify
issues related to the CAN authority and provide a report for
use by the CAN Board to help it identify ways to accelerate
and expand the number of cures. The report should include a
survey and inventory of activities at NIH, FDA, AHRQ, CDC,
the Patent and Trademark Office (PTO), and in the private
sector that relate to the CAN program. The conferees urge IOM
to include balanced participation by the entities listed
above as well as the representatives of the pharmaceutical
and biotechnology industry and the biotech venture capital
community. The report should address patent authority,
marketability, use of high-throughput analysis, regulatory
timelines, and cost structure issues related to the
purpose of CAN.
Accelerating Commercialization of Therapies to Patients.--
The conferees understand the need to develop models to assist
research universities and institutes on the best ways to
leverage and commercialize federally supported basic and
applied biomedical research discoveries. This is a key reason
why the conferees have agreed to create NCATS. The conferees
note the market has started to develop public-private sector
models that are beginning to show results in translating
basic research far more quickly than traditional models.
These types of models use pre-defined technology-licensing
terms to rapidly license new products and build a core of
options for commercialization partnerships with
pharmaceutical and biotechnology companies to establish joint
ventures to further advance products to the market. The
conferees strongly urge NIH to study and foster these models.
The conferees expect any NIH-supported partnerships to
expand translational pharmaceutical development in a manner
that does not inhibit creative market models. Top priorities
of the Center should include developing tools to improve the
``de-risking'' process and advancing the drug development
process to the point at which it can reasonably be expected
to be picked up by the private sector. The conferees suggest
the selection of Center projects should consider future
market acceptance as one component of the criteria to
evaluate and select potential Center projects. The conferees
direct NIH to host a trans-NIH workshop with key research
organizations, venture capitalists, pharmaceutical firms, the
PTO, the FDA, and a sample of research universities and
institutes to work together with NIH and the drug development
market. The workshop should also consider how existing NIH
and government mechanisms can be used to encourage models
around the country to speed commercialization of therapies
through a market-based approach.

[[Page H9635]]

Clinical and Translational Science Awards (CTSAs).--The
conferees are encouraged by the success of the CTSA
consortium and recommend the program receive full funding as
it nears full implementation. The conferees expect the NCATS
Director to ensure the current focus on the full spectrum of
translational research is maintained, and CTSA resources are
not diverted. The inclusion of patient-centered research,
community engagement, training, dissemination science, and
behavioral research is extremely important to the translation
and application of basic science discoveries and success of
the CTSAs. CTSAs now represent an investment of half a decade
of innovation in translational research. To ensure the
benefits of this investment are maintained, the conferees
urge NIH to support a study by the IOM that would evaluate
the CTSA program and recommend whether changes to the current
mission are needed. The review should include stakeholders'
input and be available no later than 18 months after the
enactment of this bill.
Therapeutics for Rare and Neglected Disease (TRND)
Program.--The conferees continue support for TRND at a level
of $24,000,000 within NCATS. The conferees urge NIH to
provide an annual report on the TRND program that identifies
the number of projects started each year, cost per project,
and the outcome of each project. The first report should be
provided to the Committees on Appropriations by July 1, 2012.
Institutional Development Awards.--The conferees provide
$276,480,000 to increase support for the Institutional
Development Awards (IDeA) program. The conferees recognize
the importance of the Centers of Biomedical Research
Excellence (COBRE) and the IDeA Networks of Biomedical
Research Excellence (INBRE) programs. The conferees believe
the IDeA program has made a significant contribution to
biomedical research and creating a skilled workforce.
Therefore, the conferees provide a $45,882,000 increase and
recommend it be divided equally toward a new COBRE
competition and to support new awards for the IDeA Clinical
Trial and Translation Program to develop infrastructure for
clinical and translational research in IDeA States. The
conferees encourage the NIH Director to expand the program to
support co-funding of IDeA projects across NIH ICs to foster
the development of efforts in IDeA State programs. Further,
as an Office of Experimental Program to Stimulate Competitive
Research (EPSCoR) program, the focus of IDeA should continue
to be on improving the necessary infrastructure and
strengthening the biomedical research capacity and capability
of research institutions. Unfortunately, many institutions in
EPSCoR-qualifying States who could benefit from the IDeA
program are ineligible for funding. The conferees encourage
NIH to revise current eligibility criteria to take into
account how the decreasing success rate for R01 grants NIH-
wide is affecting IDeA eligibility. In particular, the
conferees believe the IDeA Director should have the authority
to consider funding institutions in any State that is EPSCoR
eligible. The conferees urge NIH to develop criteria to
incorporate flexibility into the program to address these
concerns. The conferees request an update on both the IDeA
eligibility criteria proposals and funding level by State and
major activities, to include the co-funding activity, in the
fiscal year 2013 congressional budget justification.
Third Party Collections 3-Year Pilot.--Since fiscal year
1997, Congress has included bill language authorizing NIH to
``collect third party payments for the cost of clinical
services that are incurred in NIH research facilities.'' NIH
has not yet exercised that authority. A recent study released
in September that was conducted by PricewaterhouseCoopers LLP
(PwC) found that there are numerous potential advantages as
well as potential disadvantages to implementing a third party
billing program. ``The potential use of third party billing
represents a significant investment and enduring change for
the NIH Clinical Center,'' the study states. ``As such,
additional efforts beyond the 14-week study represented in
this report may be undertaken to more fully consider the
challenges associated with the use of third party billing and
the opportunities that may exist.'' The conferees concur with
this observation and therefore direct NIH to conduct a 3-year
pilot study to assess the viability of third party
reimbursement at NIH by looking at one of the services
commonly used by a significant number of outpatients at some
point in the patient's protocol. One possible example would
be radiology services, but this is not the only option. The
Committees on Appropriations expect to be briefed on the
proposed subject area and scope of the pilot before it is
finalized. The conferees include $10,000,000 for the Clinical
Center for the costs of building the billing infrastructure
for the pilot.
Neuroblastoma.--The conferees note the promising results of
a recent clinical trial using a chimeric antibody to treat
newly diagnosed neuroblastoma patients. The conferees support
efforts to facilitate access to this new therapy for relapsed
patients and request an update in the fiscal year 2013
congressional budget request.
Clinical Trials.--The conferees are aware of a 2010 IOM
study on clinical trials that identified a number of concerns
which may apply across all ICs.
The conferees direct NIH to conduct a trans-NIH review of
the applicability of the 12 IOM recommendations to all NIH
ICs that conduct clinical trials. The review should examine
ways to develop and strengthen NIH-wide policies with a focus
on opportunities to improve the incorporation of innovative
science, increase speed of initiation and completion, improve
the means of setting priorities, and develop better
incentives for participation in clinical trials.
The conferees note the report found it takes over 900 days
to open a clinical trial, but trials supported through the
American Recovery and Reinvestment Act developed methods to
open studies within 90 days. The conferees encourage NIH to
consider guidance to incorporate the 90-day opening model
into other NIH-wide clinical trial activity.
The review should examine the policies of each IC regarding
funding for variable accrual costs per case, and ensure
consistent guidelines across NIH. Specifically, the review
should examine the viability and effect on speed of opening
trials of a multi-tier system in which payments for cost-per-
accrual vary according to the time required to open the
trial. Furthermore, the review should examine the methods and
processes ICs use to prioritize clinical trials based on
peer-review input, funding, and other ways to optimize
selection of studies.
The conferees request a report by September 30, 2012, that
identifies the findings, proposed policy changes,
implementation timeline, and key measures NIH will use to
monitor clinical trial activity.

Substance Abuse and Mental Health Services Administration

The conference agreement includes $3,354,313,000 for the
Substance Abuse and Mental Health Services Administration
(SAMHSA). In addition, the conference agreement makes
available $129,667,000 under section 241 of the Public Health
Service (PHS) Act.
The conference agreement includes bill language that
divides SAMHSA into several accounts to improve transparency
and accountability. The conferees direct that future budget
requests, to include the fiscal year 2013 budget request,
reflect this new structure. Further, the conferees direct
SAMHSA to include in its budget justification the specific
funding increases, decreases and FTE changes being requested
by program, project or activity, along with a detailed
description of activities funded under each program, the
number of new and continuing grants made; the average grant
size; and a State-by-State table for any formula-based
funding for all budget lines included in this Statement of
the Managers. The conferees expect that SAMHSA shall not make
changes to any program, project, or activity as outlined by
the budget tables included in this Statement of the Managers
without prior notification to the House and Senate Committees
on Appropriations.
The conferees have provided funding for Programs of
Regional and National Significance under each of SAMHSA's
statutorily-created Centers rather than consolidate funding
into a single account for Innovation and Emerging Issues, as
proposed in the budget request.

MENTAL HEALTH

The conference agreement includes $934,853,000 for Mental
Health. In addition, $21,039,000 is made available under
section 241 of the PHS Act.
Within the total provided for Mental Health Programs of
Regional and National Significance, the conference agreement
includes the following amounts:

------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Capacity:
Co-Occurring State Incentive Grant.................... 0
Seclusion & Restraint................................. 2,449,000
Youth Violence Prevention............................. 23,200,000
National Traumatic Stress Network..................... 45,800,000
Children and Family Programs.......................... 6,486,000
Consumer and Family Network Grants ................... 6,236,000
MH System Transformation and Health Reform............ 10,623,000
Project LAUNCH........................................ 34,706,000
Primary and Behavioral Health Care Integration........ 30,807,000
Community Resilience and Recovery Initiative.......... 0
Suicide Lifeline...................................... 5,522,000
GLS--Youth Suicide Prevention--States................. 29,738,000
GLS--Youth Suicide Prevention--Campus................. 4,975,000
AI/AN Suicide Prevention Initiative................... 2,944,000
Homelessness Prevention Programs...................... 30,830,000
Older Adult Programs.................................. 0
Minority AIDS......................................... 9,283,000
Criminal and Juvenile Justice Programs................ 6,684,000
Science and Service:
GLS--Suicide Prevention Resource Center............... 4,957,000
Information Dissemination and Training................ 7,878,000
Consumer & Consumer Support T.A. Centers.............. 1,927,000
Primary/Behavioral Health Integration TA.............. 2,000,000
Minority Fellowship Program........................... 5,099,000
Disaster Response..................................... 1,054,000
Homelessness.......................................... 2,306,000
HIV/AIDS Education.................................... 774,000
------------------------------------------------------------------------

Within the funds provided for the National Child Traumatic
Stress Network, the conferees provide $1,000,000 for
continued data analysis and reports related to the National
Center for Child Traumatic Stress core data set.
The conferees intend that funds provided to Project LAUNCH
should not duplicate activities eligible for funding
elsewhere in HHS.
The conferees intend that all grants awarded for the
Primary and Behavioral Health Integration program are funded
under the authorities in section 520(K) of the PHS Act. In
addition, the conferees have provided $2,000,000 under a
separate budget line for SAMHSA to provide technical
assistance related to this program.
Within the funds provided for the Minority Fellowship
Program, the conferees have provided an increase in funding
to allow SAMHSA to increase the pool of culturally competent
mental health professionals by granting professional
counselors eligibility to participate in the program.

[[Page H9636]]

SUBSTANCE ABUSE TREATMENT

The conference agreement includes $2,123,993,000 for
Substance Abuse Treatment. In addition, $81,200,000 is made
available under section 241 of the PHS Act.
Within the total provided for Programs of Regional and
National Significance, the conference agreement includes the
following amounts:

------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Capacity:
Co-occurring State Incentive Grants (SIGs).......... 0
Opioid Treatment Programs/Regulatory Activities..... 8,903,000
Screening, Brief Intervention, Referral, & Treatment 28,237,000
TCE--General........................................ 28,033,000
Pregnant & Postpartum Women......................... 16,000,000
Strengthening Treatment Access and Retention........ 1,675,000
Recovery Community Services Program................. 2,450,000
Access to Recovery.................................. 98,454,000
Children and Families............................... 30,678,000
Treatment Systems for Homeless...................... 41,650,000
Minority AIDS....................................... 65,988,000
Criminal Justice Activities......................... 67,635,000
NASPER.............................................. 0
Science and Service:
Addiction Technology Transfer Centers............... 9,081,000
Minority Fellowship Program......................... 547,000
Special Initiatives/Outreach........................ 2,271,000
------------------------------------------------------------------------

The conferees direct SAMHSA to ensure that Addiction
Technology Transfer Centers continue to maintain a primary
focus on addiction treatment and recovery services in order
to strengthen the addiction workforce.
The conferees direct SAMHSA to ensure that all funding
appropriated to the Center for Substance Abuse Treatment for
drug treatment courts is allocated to serve people diagnosed
with a substance use disorder as their primary condition.
The conferees direct SAMHSA to ensure that funds provided
for SBIRT are used for existing evidence-based models of
providing early intervention and treatment services to those
at risk of developing substance abuse disorders.

SUBSTANCE ABUSE PREVENTION

The conference agreement includes $186,361,000 for
Substance Abuse Prevention.
Within the total provided for Programs of Regional and
National Significance, the conference agreement includes the
following amounts:

------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework/Partnerships for 110,015,000
Success............................................
Mandatory Drug Testing.............................. 5,206,000
Minority AIDS....................................... 41,385,000
Sober Truth on Preventing Underage Drinking (STOP 7,000,000
Act)...............................................
National Adult-Oriented Media Public Service 1,000,000
Campaign.......................................
Community-based Coalition Enhancement Grants.... 5,000,000
Intergovernmental Coordinating Committee on the 1,000,000
Prevention of Underage Drinking................
Science and Service:
Fetal Alcohol Spectrum Disorder..................... 9,821,000
Center for the Application of Prevention 8,074,000
Technologies.......................................
Science and Service Program Coordination............ 4,789,000
Minority Fellowship Program......................... 71,000
------------------------------------------------------------------------

The conferees direct SAMHSA to fund the remaining cohort of
Strategic Prevention Framework State Incentive Grant grantees
at amounts not less than what they received in fiscal year
2011.
The conferees note that building on the infrastructure of
current and past Drug Free Communities grantees is an
effective way to invest minimal federal dollars to address
underage drinking issues at the community level.

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

The conference agreement includes $109,106,000 for health
surveillance and program support activities. In addition,
$27,428,000 is made available under section 241 of the PHS
Act.
The conferees have included $3,500,000 to conduct Military
Families Initiatives policy academies.

AGency for Healthcare Research and Quality

HEALTHCARE RESEARCH AND QUALITY

The conference agreement includes a program level of
$369,053,000 for the Agency for Healthcare Research and
Quality. The conference agreement makes these funds available
through section 241 of the Public Health Service (PHS) Act.
Within the total for the Crosscutting Activities Related to
Quality, Effectiveness and Efficiency Research portfolio, the
conferees provide $43,364,000 for investigator-initiated
research.

Centers for Medicare and Medicaid Services

GRANTS TO STATES FOR MEDICAID

The conference agreement includes $184,279,110,000 for the
Federal share of current law State Medicaid costs. In
addition, the agreement includes $90,614,082,000 for program
costs in the first quarter of fiscal year 2013.

PAYMENTS TO HEALTH CARE TRUST FUNDS

The conference agreement includes $230,741,378,000 for the
Payments to Health Care Trust Funds account.

PROGRAM MANAGEMENT

The conference agreement includes $3,879,476,000 for the
Program Management account. The agreement maintains the State
Health Insurance Assistance Program within the Program
Management account. The conferees recommend the following
levels within the Program Management account:

------------------------------------------------------------------------
Program Management
------------------------------------------------------------------------
Research, Demonstration and Evaluation................ $21,200,000
Program Operations.................................... 2,663,935,000
State Survey and Certification........................ 355,876,000
State High Risk Insurance Pools....................... 44,000,000
Federal Administration................................ 794,465,000
------------------------------------------------------------------------

The conferees include funding for Research, Demonstration,
and Evaluation activities, including the Medicare Current
Beneficiary Survey. The conferees encourage CMS to review the
programs within this account to determine if they are funded
in the appropriate budget line. Specifically, CMS is
encouraged to evaluate the advantages and disadvantages of
moving the Medicare Current Beneficiary Survey into the
Program Operations activity.
Ambulatory Surgical Centers (ASC).--The conferees
understand that in 2008, ASCs provided 3.3 million Medicare
recipients with outpatient surgical services, including
screening services. The conferees have heard concerns related
to the use of the consumer price index for urban consumers
(CPI-U) to update the payment rates of ASCs, a different
method than is used for other comparable service providers.
The conferees request that CMS develop a report that compares
other potential options for updating the payment rates of
ASCs and report back the findings in the fiscal year 2013
budget request.
CMS Test Environment for Testing Industry Solutions in
Secure Settings.--The conferees direct and provide $5,000,000
for CMS to provide a test environment ``sandbox'' where
vendors can work independently and with CMS to seek solutions
and execute ``proof of concept'' tests to Medicare issues in
a secure environment, using Medicare data, on CMS technical
architecture. The conferees recommend support within the
Enterprise IT Activities function to establish an isolated,
stand-alone test environment for independent vendor testing
of industry solutions that could provide significant benefit
to CMS operations. The test environment will provide
controlled access to Medicare data to run ``proof of
concept'' tests that determine solution effectiveness in
addressing Medicare issues such as improper payment and
quality measurement. The test environment must ensure data
privacy and security, comply with CMS technical architecture
standards, provide temporary access and secure connectivity
for vendor testing, and make relevant data sets available for
product testing. The conferees request a report and timeline
in the fiscal year 2013 budget request.
Comparison of Residency Position.--The conferees request
CMS conduct an analysis evaluating the implementation of
Section 5503 of Public Law 111-148 on the allocation of
Medicare Graduate Medical Education (GME) resident slots to
hospitals. This analysis shall compare how residency slots
are allocated according to two assignment strategies.
Strategy one is the allocation of GME slots according to the
current final CMS Federal Rule as published in the Federal
Register on November 24, 2010. The current final rule states
that fiscal year 2009 report data not be included if it was
reported after March 23, 2010. Strategy two involves an
assessment of GME slot allocation which includes all fiscal
year 2009 cost reports, including data for hospitals whose
fiscal year ended on December 31, 2009, and as such have cost
data reported after March 23, 2010. The report of this
analysis shall include the number of Medicare GME slots
allocated to each hospital under the two different allocation
strategies. The conferees request CMS provide the final
report with the detailed hospital level information under
each option to the House and Senate Appropriations Committees
not later than 6 months after enactment.
Dialysis Facilities.--The conferees are concerned by
reports of delays in the processing for surveys and
certifications for dialysis facilities and encourage CMS to
reduce the wait times. Further, the conferees request CMS
report back to the Congress within 6 months on major
impediments related to processing applications timely and
provide its plan to address these impediments.
The conferees urge CMS to develop an overall strategic plan
that links its vision for operations, program integrity,
information technology, and other areas into a comprehensive
approach with measurable objectives and resources. The
conferees request a copy of this plan no later than 180 days
after enactment.

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

The conference agreement includes $310,377,000 from the
Medicare trust funds for the Health Care Fraud and Abuse
Control Account.

Administration for Children and Families

LOW INCOME HOME ENERGY ASSISTANCE

The conference agreement includes $3,478,246,000 for the
Low Income Home Energy Assistance Program.

REFUGEE AND ENTRANT ASSISTANCE

The conference agreement includes $769,789,000 for Refugee
and Entrant Assistance programs.
Within the total provided for Transitional and Medical
Services, the conferees include $65,000,000 for the voluntary
agency matching grant program.
Within the total for Unaccompanied Alien Children, the
conference agreement includes up to $6,100,000 for the pro
bono legal services pilot to ensure legal representation for
both released and detained children.

CHILD CARE AND DEVELOPMENT BLOCK GRANT

The conference agreement includes $2,282,627,000 for the
Child Care and Development Block Grant.

[[Page H9637]]

CHILDREN AND FAMILIES SERVICES PROGRAMS

The conference agreement includes $9,926,709,000 for
Children and Families Services Programs. In addition,
$5,762,000 is made available under section 241 of the Public
Health Service (PHS) Act.
The conferees direct that not later than 120 days after
enactment, ACF shall submit to the Committee on Health,
Education, Labor and Pensions of the Senate and the Committee
on Education and the Workforce of the House of
Representatives the results of the study related to suspected
and known instances of child abuse and neglect, as required
under section 110(d) of the Child Abuse Prevention and
Treatment Reauthorization Act of 2010.
The conference agreement includes up to $10,000,000 for the
Healthy Foods Financing Initiative within the Community
Economic Development Program.

PROMOTING SAFE AND STABLE FAMILIES

The conference agreement includes $345,000,000 in mandatory
funds for Promoting Safe and Stable Families.

Administration on Aging

AGING SERVICES PROGRAMS

The conference agreement includes $1,473,703,000 for Aging
Services Programs. The conferees urge the Administration on
Aging (AA) to improve its consultation with the Committees on
Appropriations regarding any reallocation of funds that may
occur after the submission of its congressional
justification. The conferees have not transferred the SHIP
program from CMS.

Office of the Secretary

GENERAL DEPARTMENTAL MANAGEMENT

The conference agreement includes $475,221,000 for General
Departmental Management. In addition, the conference
agreement includes $69,211,000 in funding from the Public
Health Service program evaluation set-aside.
Within the funds for the Office of the Secretary, the
conference agreement designates $1,000,000 for the Office of
the Assistant Secretary for Financial Resources to begin
implementing a new, integrated system that can accurately
track and report the Department's finances, including by
source year of the appropriation.
The conference agreement provides $9,000,000 for the Office
of the Assistant Secretary for Public Affairs.
The conference agreement provides $250,000 for the Advisory
Council on Alzheimer's Research, Care and Services,
$1,000,000 for a competitive grant program to provide
assistance regarding transportation assistance for
individuals with disabilities, $1,000,000 to continue the
national health education program on lupus for healthcare
providers, and $3,010,000 to continue the preventing violence
against women initiative, all as proposed in Senate Report
112-84.
In addition, the conference agreement includes $1,000,000
for the Assistant Secretary for Health to contract with the
National Academy of Sciences to conduct a scientific peer
review of the 12th Report on Carcinogens determinations
related to formaldehyde and styrene. Included in the review
should be all relevant, peer-reviewed research related to
both formaldehyde and styrene.
The conference agreement includes no funding for the
Adolescent Family Life program, as proposed in the budget
request.
The conference agreement provides $104,790,000 for the
teenage pregnancy prevention initiative. In addition,
$8,455,000 is to be derived from the Public Health Service
program evaluation set-aside, including $4,000,000 to carry
out evaluations (including longitudinal evaluations) of
teenage pregnancy prevention approaches.
The conference agreement also includes $5,000,000 for an
abstinence education program.

OFFICE OF MEDICARE HEARINGS AND APPEALS

The conference agreement includes $72,147,000 for the
Office of Medicare Hearings and Appeals.

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY

The conference agreement includes $61,257,000 for the
Office of the National Coordinator for Health Information
Technology, of which $16,446,000 is provided in budget
authority and $44,811,000 is made available through the
Public Health Service program evaluation set-aside.

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $50,178,000 for the
Office of Inspector General.

OFFICE FOR CIVIL RIGHTS

The conference agreement includes $41,016,000 in budget
authority only for the Office for Civil Rights.

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $984,452,000 for the
Public Health and Social Services Emergency Fund.
Within the total for Preparedness and Emergency Operations,
the conference agreement includes $10,000,000 to prepare for
and respond to non-Stafford Act National Special Security
Events and makes such funds available until September 30,
2014.
The conferees direct the Biomedical Advanced Research and
Development Authority to develop a plan to deliver
recombinant anthrax vaccine to the Strategic National
Stockpile by 2015 and brief the House and Senate Committees
on Appropriations on such a plan not later than 60 days after
enactment of this Act.

General Provisions

SALARY CAP ON GRANTS AND OTHER EXTRAMURAL MECHANISMS

The conference agreement includes a general provision
capping the permitted use of grant and contract funds that
may be used to pay the salary of a grantee to Executive Level
II and applies the cap to all HHS operating divisions funded
in this Act.

TRANSFER AUTHORITY

(TRANSFER OF FUNDS)

The conference agreement modifies a general provision
providing the Secretary of Health and Human Services the
authority to transfer up to 1 percent of discretionary funds
between appropriations accounts.

CENTERS FOR DISEASE CONTROL AND PREVENTION STAFF TRAINING

The conference agreement modifies a general provision
regarding Centers for Disease Control and Prevention
Individual Learning Accounts.

NIH MINOR REPAIRS AND ALTERATIONS

The conference agreement modifies a general provision
allowing NIH to use up to $45,000,000 for alteration, repair
or improvement of its facilities and caps the amount that can
be spent on any single project to $3,500,000.

GUN CONTROL

The conference agreement modifies a provision previously
carried in the CDC account that prohibits any HHS operating
division funded in this Act from being used to advocate or
promote gun control.

FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS

The conference agreement includes a general provision
prohibiting creation of a new Federally Funded Research and
Development Center unless certain conditions are met.

TITLE III

DEPARTMENT OF EDUCATION

Education for the Disadvantaged

The conference agreement includes $15,750,983,000 for
Education for the Disadvantaged. The conference agreement
provides $4,909,806,000 in fiscal year 2012 and
$10,841,177,000 in fiscal year 2013 funding for this account.
For Title I School Improvement Grants, the conference
agreement continues bill language permitting fiscal year 2012
appropriations to be used by local educational agencies to
serve any Title I, part A-eligible school that has not made
adequate yearly progress for at least two years or is in a
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.
The conference agreement includes language permitting the
Secretary to establish a maximum subgrant size of $2,000,000
for Title I School Improvement Grants and allows the
Secretary to reserve up to 5 percent of school improvement
funds for State and local capacity building.
The conferees note that many children in schools receiving
SIG funds face myriad personal, familial, and community
challenges (including poverty-related stressors), and these
challenges follow students into their schools, often
resulting in distracting, disruptive, and ineffective
learning environments. Even the best school leaders and
teachers cannot achieve optimal results unless poverty-
related barriers to teaching, learning, and school
organization are addressed and effective conditions for
learning are established. These barriers to teaching and
learning must be addressed in addition to in-school factors
in order to achieve sustained academic success.
The conferees direct the Department to require that all
schools receiving SIG funds have a plan in place for
addressing the academic and non-academic needs of their
students, including improving the overall school climate
where necessary, in addition to addressing factors such as
the usage of time, instructional practices, and professional
development and supports. The conferees expect the plan to
assess and address as appropriate the mental health needs and
interventions of the students at the school in an integrated
manner within the overall turnaround strategy; related
training and professional development for all staff that
increase classroom efficacy such as classroom organization
and management, including teachers and administrators; access
to school-based counseling services; the development of
school-based systems, such as teams, to identify and address
individual student academic, behavioral, health, or social
needs and to support a positive and developmentally
appropriate school climate; and how parents, families and the
community will be engaged in this and other aspects of the
school turnaround process.
For the Striving Readers program, the conference agreement
includes $160,000,000 and bill language to continue a
comprehensive literacy program for States.

Impact Aid

The conference agreement includes $1,293,631,000 for Impact
Aid. In addition, the conference agreement includes bill
language providing for competitive grants for Impact Aid
construction grants.

School Improvement Programs

The conference agreement includes $4,550,018,000 for the
School Improvement

[[Page H9638]]

Programs account. The conference agreement provides
$2,868,577,000 in fiscal year 2012 and $1,681,441,000 in
fiscal year 2013 funding for this account.
Within the amount provided for Teacher Quality State
Grants, the conference agreement provides a set aside of one
and one-half percent of funds for competitive awards for
teacher or principal training or professional enhancement
activities to national not-for-profit organizations.
The conference agreement includes bill language that allows
funds under the Education of Native Hawaiians program to be
used for construction, renovation, and modernization of any
elementary school, secondary school, or related structure run
by the Department of Education of the State of Hawaii that
serves a predominantly Native Hawaiian student body.
The conference agreement also includes bill language that
requires the Alaska Native Education program to be awarded
without regard to earmarks included in the program's
authorizing statute. The conference agreement also allows
funds within this program to be used for construction.
The conferees intend that in providing the technical
assistance and guidance described in Senate Report 112-84,
the Department of Education should not give priority to, show
preference for, or provide direction about whether
communities use 21st Century Community Learning Center funds
for after school, before school, summer school or extended
school day programs, unless specifically requested by a State
or local educational agency.
The conference agreement provides $27,000,000 for the
Advanced Placement program. The conferees intend that
$20,000,000 of these funds be used to continue the Advanced
Placement Test Fee program and that $7,000,000 be used for
continuation costs for the Advanced Placement Incentive
Program.

Indian Education

The conference agreement includes $131,027,000 for Indian
Education.
The conferees recognize that tribal education departments
and agencies are uniquely situated at the local level to
implement innovative education programs to improve Native
American education. Accordingly, the conference agreement
includes $2,000,000 under the National Activities line for a
pilot project to increase the role of tribal education
departments in Native American education. In the pilot,
tribal education agencies would directly administer some
Elementary and Secondary Education Act programs to enter into
collaborative agreements with States to work closely with
school districts located on Indian reservations or former
Indian reservations located in Oklahoma. The conferees expect
the Department of Education to collaborate with the Bureau of
Indian Affairs on this effort.

Innovation and Improvement

The conference agreement includes $1,530,429,000 for
Innovation and Improvement.
The conference agreement includes $550,000,000 for the Race
to the Top program and authorizes the Secretary to make
grants under this authority to local educational agencies.
The conferees expect that the Secretary will include a robust
early childhood education component in administering the Race
to the Top competition. The conference agreement also
authorizes the Secretary to use up to five percent of funds
under the Race to the Top and Investing in Innovation
authorities for technical assistance and evaluation of these
programs.
The conference agreement continues language in the Teacher
Incentive Fund program that provides for competitive grants
to implement performance-based compensation systems for
teachers, principals and other personnel in high-need
schools.
In the charter schools program, the conference agreement
continues language requiring $23,000,000 to be used to
support charter school facilities needs. The conference
agreement also includes language allowing the Secretary to
reserve up to $55,000,000 to make multiple awards to
nonprofit charter management organizations and other entities
that are not-for-profit entities for replication and
expansion of successful charter school models.
The conference agreement also includes bill language for
the charter school program requiring the Secretary of
Education to reserve up to $11,000,000 for national
activities for technical assistance, evaluation and to make
grants to authorized public chartering agencies in order to
increase the number of high-performing charter schools.
Within FIE, the conference agreement includes funding for
the following activities in the following amounts:

------------------------------------------------------------------------
Conference
Budget activity agreement
------------------------------------------------------------------------
Arts in Education....................................... $25,000,000
Data Quality and Evaluation............................. 1,300,000
Full Service Community Schools.......................... 10,113,000
National Clearinghouse for Educational Facilities....... 733,000
Peer Review............................................. 100,000
------------------------------------------------------------------------

The conference agreement also includes $28,654,000 for a
literacy initiative within FIE as described in Senate Report
112-84.

Safe Schools and Citizenship Education

The conference agreement includes $256,237,000 for Safe
Schools and Citizenship Education. Within this total,
$60,000,000 is provided for Promise Neighborhoods with
funding available through December 31, 2012.

English Language Acquisition

The conference agreement includes $733,530,000 for English
Language Acquisition.

Special Education

The conference agreement includes $12,647,066,000 for
Special Education. The conference agreement provides
$3,363,683,000 in fiscal year 2012 and $9,283,383,000 in
fiscal year 2013 funding for this account.
The conference agreement includes $2,000,000 to remain
available through September 30, 2013 for a program to improve
the outcomes of children receiving Supplemental Security
Income (SSI) benefits and their families. The agreement
allows States to subgrant funds to other public and
private non-profit entities. The conferees note that
additional funds for this PROMISE initiative are available
through the Rehabilitation Services and Disability
Research Account and Social Security Administration.

Rehabilitation Services and Disability Research

The conference agreement includes $3,512,019,000 for
Rehabilitation Services and Disability Research.
The conference agreement includes language allowing the
Secretary to use amounts that remain available after
reallotment of State vocational rehabilitation funds for
activities to improve the outcomes of children receiving SSI
benefits and their families, allows States to make subgrants
of such funds to other public and private, non-profit
entities and extends availability of these funds to September
30, 2013.
The conference agreement provides $2,000,000 for
competitive grants to support alternative financing programs
that provide for the purchase of assistive technology (AT)
devices. The conferees' goal in providing these funds is to
allow greater access to affordable financing to help people
with disabilities purchase the specialized technologies
needed to live independently, to succeed at school and work
and to otherwise live active and productive lives. The
conferees intend that applicants incorporate credit building
activities in their programs, including financial education
and information about other possible funding sources.
Successful applicants must emphasize consumer choice and
control and build programs that will provide financing for
the full array of AT devices and services and ensure that all
people, regardless of type of disability or health condition,
age, level of income and residence have access to the
program.

Special Institutions for Persons with Disabilities

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

The conference agreement includes $65,546,000 for
operations for the National Technical Institute for the Deaf.
The conferees have consolidated funds into the operations
line for NTID this year due to fiscal constraints, but will
consider construction funding for NTID in the future as needs
may warrant.

GALLAUDET UNIVERSITY

The conference agreement includes $125,754,000 for
Gallaudet University. The conference agreement includes bill
language designating $7,990,000 of this amount for
construction and provides that the funds are available until
expended.

Career, Technical, and Adult Education

The conference agreement includes $1,738,946,000 for
Career, Technical, and Adult Education. The conference
agreement provides $947,946,000 in fiscal year 2012 funding
and $791,000,000 in fiscal year 2013 funding for this
account.

Student Financial Assistance

The conference agreement includes $24,538,521,000 for
Student Financial Assistance.
The conference agreement includes $22,824,000,000 for the
Pell Grant program. The funds in this conference agreement
will support a $4,860 maximum discretionary Pell grant for
the 2012-2013 award year.
The conferees concur that the Department shall provide the
same funding in fiscal year 2012 for the Work Colleges
program authorized under section 448 of the Higher Education
Act from the Federal Work-Study Program appropriation.

Student Aid Administration

The conference agreement includes $1,045,363,000 for
student aid administration. Within the total, $370,000,000 is
provided for servicing activities and $675,363,000 is
provided for salaries and expenses to remain available until
September 30, 2013.
The conferees direct the Department to provide a report by
April 1, 2012 and quarterly reports thereafter detailing
their obligation plan by quarter for spending mandatory and
discretionary funding for student aid administrative
activities broken out by servicer, activity and funding
source.

Higher Education

The conference agreement includes $1,873,196,000 for Higher
Education.
The conference agreement provides $74,177,000 for
International Education and Foreign Language Studies. The
conferees acknowledge that funding provided in the conference
agreement for international education will likely only allow
funding for continuation costs. The conferees encourage the
Department to look for ways to support undergraduate study
abroad programs as authorized by section 604 of the Higher
Education Act (HEA).

[[Page H9639]]

The conference agreement includes language that allows
international education funds to be used to support visits
and study in foreign countries to develop language skills and
allows up to one percent of international education funds to
be used for evaluation, outreach and information
dissemination. The conferees direct the Secretary to use
international education domestic program funding to maintain
a focus on continuing instruction in foreign languages that
are less commonly taught, emphasize those critical for
national security, and to maintain a pool of international
experts for national security needs.
The conference agreement continues language that requires
recipients of a multi-year award under the tribal colleges
program to continue to receive the amount they would have
received prior to the Higher Education Act's reauthorization
in accordance with the original award terms.
The conference agreement includes language which
consolidates the Javits Fellowship program within the
Graduate Assistance in Areas of National Need Program as
proposed by the Administration.
Within the amount for FIPSE, the conference agreement
includes $1,130,000 for the Training for Realtime Writers
program. The conferees direct that these funds be awarded in
accordance with section 872 of the HEA.
Within the amount for FIPSE, $2,103,000 is included for the
European Union-United States Atlantis Program. The conferees
direct that these funds be awarded in accordance with section
744 of the HEA.
Within the amount for FIPSE, $267,000 is for continuation
of a data contract.
The conferees continue to be concerned with the tardiness
of the Department in making TRIO and GEARUP awards this year.
Accordingly, the conferees direct the Department to provide a
report to the Committees on Appropriations of both the House
and the Senate outlining the causes of grant award delays and
providing an action plan for remedying this situation in the
future.

Howard University

The conference agreement provides $234,507,000 for support
for Howard University and Howard University Hospital.

Historically Black College and University Capital Financing Program

The conference agreement includes $20,541,000 for the HBCU
Capital Financing Program. The conference agreement provides
a total loan principal of $367,255,000 and includes language
to allow funds to be used to support loans without regard to
section 344(a) of the Higher Education Act.

Institute of Education Sciences

The conference agreement includes $594,788,000 for the
Institute of Education Sciences to remain available through
fiscal year 2013. The agreement provides $11,000,000 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 and modifies
language to clarify that funds for statewide data systems may
be used to link various State systems together.

Departmental Management

PROGRAM ADMINISTRATION

The conference agreement includes $447,104,000 for Program
Administration.
The conferees are aware that the Government Accountability
Office issued a report this year which identified 82 federal
programs designed to improve teacher quality spread across
several federal agencies, including 64 at the Department of
Education. The conferees note that the report ``recognize[d]
that there could be instances where some degree of program
duplication, overlap, or fragmentation may be warranted due
to the nature or magnitude of the federal effort''. The
conferees also note that under the fiscal year 2011 bill and
this conference agreement nearly 25 percent of the identified
programs within the Department have been consolidated or
eliminated.The conferees request the Department to issue a
report within 180 days of enactment of this Act that
identifies remaining programs designed to improve teacher
quality, which agency administers the program, the most
recent program evaluation data available for each (if any),
and includes recommendations on how agencies can better
collaborate and coordinate on administration of these
programs.

General Provisions

TRANSFER OF FUNDS

The conference agreement includes language allowing the
Secretary to transfer not to exceed one percent of
appropriated funds between appropriations, provided that no
appropriation is increased by more than three percent as a
result of such transfer, and that no new programs are
created, nor programs for which funds were not appropriated
are funded, as a result of such transfer. The conference
agreement also requires the Secretary to notify the
Committees on Appropriations of both the House and the Senate
at least 15 days in advance of any transfer.

OUTLYING AREAS FUNDS CONSOLIDATION

The conference agreement includes a general provision that
extends Palau's eligibility to participate in certain
education programs through the end of fiscal year 2012.

PELL ELIGIBILITY

The conference agreement includes changes to limit the
number of full-time equivalent Pell grants to a lifetime
maximum of six years/twelve semesters; to lower the adjusted
gross income level at which an expected family contribution
will automatically receive a ``zero'' to $23,000; to raise
the minimum award for eligibility to ten percent of the
maximum award; and to require students to either have
completed a high school diploma, a GED, or have been
homeschooled to be eligible for a Pell award, unless they
were enrolled prior to July 1, 2012. The conference agreement
further provides that these provisions will take effect on
July 1, 2012 and that negotiated rulemaking will not apply to
changes made by these amendments.

INTEREST SUBSIDY ELIMINATION

The conference agreement includes language that suspends
for two years the interest subsidies on loans made on or
after July 1, 2012 through June 30, 2014 during the six-month
grace period following a student's withdrawal or graduation.

STUDENT LOAN INDEX

The conference agreement includes language that changes the
index used for holders of federal student loans from
commercial paper to LIBOR.

HBCU Gulf Hurricane Disaster Loans

The conference agreement includes language that authorizes
the Secretary to modify terms of Gulf hurricane disaster
loans to HBCUs if such modifications result in no net cost to
the government and if such modifications are approved by the
Departments of Education, Treasury and the Office of
Management and Budget.

RACE TO THE TOP SUBGRANTING AUTHORITY

The conference agreement includes language that clarifies
that a State may make subgrants to public or private agencies
and organizations under the early childhood component of the
Race to the Top program. Not later than 60 days after
enactment of this Act, the conferees direct the Department to
provide a briefing on expected outcomes of grantees awarded
funds from the fiscal year 2011 Race to the Top
appropriation, including specifically how this subgranting
authority will contribute to the successful implementation of
State plans.

TITLE IV

RELATED AGENCIES

Committee for Purchase from People who are Blind or Severely Disabled

The conference agreement includes $5,385,000 for the
Committee for Purchase from People Who Are Blind or Severely
Disabled.

Corporation for National and Community Service

OPERATING EXPENSES

The conference agreement includes $751,672,000 for the
operating expenses of the programs administered by the
Corporation for National and Community Service (CNCS).
Within the total provided for Innovation, Assistance, and
Other Activities, the conference agreement includes
$53,381,000, which includes $44,900,000 for the Social
Innovation Fund, $3,992,000 for the Volunteer Generation
Fund, and $1,000,000 for the Martin Luther King Day of
Service. The conferees have included language allowing CNCS
to make minimum grants of $200,000 to State Service
Commissions to spread funding more equitably across the
Nation.

NATIONAL SERVICE TRUST

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $212,198,000 for the
National Service Trust.

SALARIES AND EXPENSES

The conference agreement includes $83,000,000 for the CNCS
Salaries and Expenses.

INSPECTOR GENERAL

The conference agreement includes $4,000,000 for the CNCS
Inspector General Office.

ADMINISTRATIVE PROVISIONS

The conferees have included a new provision that clarifies
the use of Education Awards at G.I. Bill institutions related
to CNCS.

Corporation for Public Broadcasting

The conference agreement includes a fiscal year 2014
advance appropriation of $445,000,000 for the Corporation for
Public Broadcasting (CPB).
In addition, the conferees request CPB provide a report
within 180 days of enactment to House and Senate Committees
on Appropriations on alternative sources of funding for
public broadcasting stations in lieu of federal funding.

Federal Mediation and Conciliation Service

SALARIES AND EXPENSES

The conference agreement includes $46,250,000 for the
Federal Mediation and Conciliation Service and does not
include funding for the Labor-Management Cooperation Grant
program.

Federal Mine Safety and Health Review Commission

SALARIES AND EXPENSES

The conference agreement includes $17,637,000 for the
Federal Mine Safety and Health Review Commission.

Institute of Museum and Library Services

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION

The conference agreement includes $232,393,000 for the
Institute of Museum and Library Services (IMLS).

[[Page H9640]]

Within the total for IMLS, the conference agreement
includes funds for the following activities in the following
amounts:

------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States.................................... 156,661
Native American Library Services.................... 3,876
National Leadership: Libraries...................... 11,968
Laura Bush 21st Century Librarian................... 12,548
Museum Services Act:
Museums for America................................. 18,064
21st Century Museum Professionals................... 1,972
Conservation Project Support........................ 2,619
Native American/Hawaiian Museum Services............ 927
National Leadership: Museums........................ 5,923
African American History and Culture Act:
Museum Grants for African American History & Culture 1,413
Program Administration.................................. 16,422
------------------------------------------------------------------------

Within the amount provided for Program Administration, the
conference agreement includes $1,889,000 for research and
data collection activities.

Medicaid and CHIP Payment and Access Commission

salaries and expenses

The conference agreement includes $6,000,000 for the
Medicaid and CHIP Payment and Access Commission.

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $11,800,000 for the
Medicare Payment Advisory Commission.

National Council on Disability

The conference agreement includes $3,264,000 for the
National Council on Disability.

National Labor Relations Board

SALARIES AND EXPENSES

The conference agreement includes $278,833,000 for the
National Labor Relations Board.

ADMINISTRATIVE PROVISIONS

The conference agreement includes a new provision that
prohibits the National Labor Relations Board from issuing any
new administrative directive or regulation related to
electronic voting.

Railroad Retirement Board

LIMITATION ON ADMINISTRATION

The conference agreement includes $108,855,000 for
administrative expenses of the Railroad Retirement Board.

Social Security Administration

SUPPLEMENTAL SECURITY INCOME

The conference agreement includes $37,582,991,000 for the
Supplemental Security Income (SSI) program. Within this
amount, the agreement includes $8,000,000, available through
fiscal year 2013, for the Research and Demonstration activity
conducted under sections 1110 and 1144 of the Social Security
Act to support research activities like PROMISE, the
Occupational Information System, and the Disability Research
Consortium. The conferees encourage the Commissioner to
develop policies related to section 1110 research portfolio
governance related to funding and ensure projects meet the
intent of section 1110. Such policies should ensure that
research projects, with very limited exceptions, are either
discontinued or graduated into a more appropriate funding
line within 5 years from project's beginning. The conferees
direct SSA to include in its operating plan funding
allocations by project at the level of detail included in its
congressional budget justification and expect advance
notification of any subsequent realignment of funds within
those activities.

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement includes $10,984,494,000 for a
Limitation on Administrative Expenses (LAE) for the SSA,
including dedicated program integrity funding and applicable
user fees.
Information Technology Investments.--The conferees direct
SSA to include information in its congressional budget
justification each year regarding LAE expired unobligated
balances and the amount made available from these balances
without fiscal year limitation for information technology
investments. This should include actual or estimated amounts
for the prior, current, and budget years. In addition, the
conferees direct SSA to include a consolidated information
technology plan in its congressional budget justification
each year, including the total amount of Information
Technology (IT) expenses and the actual or estimated amount
paid for with LAE funds and no-year IT funds.
Independent SSA Resource Analysis and Strategy.--With a
large percentage of SSA's workforce eligible for retirement,
and short- and long-term constraint on available resources,
the conferees are concerned that SSA faces continued service
delivery challenges in the coming decades. Therefore, the
conferees provide SSA with up to $500,000 to contract with
the National Academy of Public Administration to develop and
submit a report proposing a long-range strategic plan for
SSA's consideration. This report shall be conducted in
consultation with SSA and its stakeholders and address the
following: an evaluation of SSA's existing organizational
structure, workforce capacity, physical infrastructure and
review of SSA's electronic service delivery and investment in
automation and information technology. The report shall be
submitted within 180 days of enactment to the House and
Senate Committees on Appropriations, the House Committee on
Ways and Means and the Senate Committee on Finance.
Annual Social Security Statement Review.--The conferees
note the public value of the annual Social Security
statement. The conferees encourage the Commissioner to
examine a broad range of options for continuing to provide
the information included in the annual statement to the
public and request a report no later than March 2012 to
examine options to continue to do so. The report should
examine the advantages and disadvantages, costs, benefits,
and other potential implications to each method considered.
The conferees request the Commissioner submit the report to
the House and Senate Committees on Appropriations, the House
Committee on Ways and Means and the Senate Committee on
Finance.
DOL and SSA Occupational Handbook.--The conferees
appreciate the steps SSA has taken to update occupational
information used by the SSA to adjudicate claims for
disability benefits. The conferees urge DOL and SSA to
continue to work together on this effort and submit a joint
report to the House and Senate Committees on Appropriations,
the House Committee on Ways and Means, and the Senate
Committee on Finance with a timeline, major milestones, and
projected 5-year costs of this project within 180 days of
enactment of this bill and to provide annual progress reports
thereafter.
Budget Request.-- The conferees direct SSA to include the
following information in its annual budget requests,
operating plans, and reprogramming requests:
SSI Extramural Research and Demonstration program, project,
and activity details;
Annual fiscal year workload table on disability appeals at
the same level of detail as provided in the House fiscal year
2011 questions for the record;
Annual performance targets for pending cases and processing
times for the reconsideration level of appeal;
Updates on the new national data center project milestones
and plans to use the projected IT refresh/replacement,
operations, and repair/maintenance funds over the next 5
years to outfit the new facility;
FTE table by major component for the prior actual year at
the level of detail as answered in the House fiscal year 2011
hearing question for the record; and
Identification of key assumption and cost drivers for each
program.
The conferees note the required operating plan and
reprogramming rules in the bill apply to SSA at the program,
project, and activity level for all funds provided.

OFFICE OF THE INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $102,477,000 for the SSA
Office of the Inspector General (OIG).
Video Technology.--The conferees note the recent
Administrative Conference of the United States report that
referred to ODAR's use of video technology as a model for
other agencies. The conferees request a report by OIG within
180 days of enactment analyzing legislative and
administrative options, including potential challenges, for
expanding access to video hearings. The report should analyze
the costs and benefits to the claimant, claimant
representatives, and taxpayers related to the current use and
potential expansion of the use of video hearings by SSA. The
report should be sent to the House and Senate Appropriations
Committees, the House Committee on Ways and Means and the
Senate Committee on Finance.

TITLE V

GENERAL PROVISIONS

LOBBYING RESTRICTION

The conference agreement modifies a general provision
related to lobbying.

STATUS OF FUNDS REPORTING

The conference agreement includes a general provision that
requires the Departments of Labor, Health and Human Services,
and Education and the Social Security Administration to
report quarterly on unobligated balances, by source year,
beginning on October 1, 2012. The conferees direct the
Departments of Labor, Health and Human Services, and
Education and the Social Security Administration to continue
providing quarterly status of funds reports as have been
provided during fiscal year 2011.

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DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

The following is an explanation of the effects of Division
G, which makes appropriations for the Legislative Branch for
fiscal year 2012. Unless otherwise noted, reference to the
House and Senate reports are to House Report 112-148 and
Senate Report 112-80. The language included in House Report
112-148 and Senate Report 112-80 should be complied with and
carry the same emphasis as the language included in the
explanatory statement, unless specifically addressed to the
contrary in this explanatory statement. While repeating some
report language for emphasis, this explanatory statement does
not intend to negate the language referred to above unless
expressly provided herein.

TITLE I

LEGISLATIVE BRANCH

SENATE

The conferees agree to appropriate $868,593,000 for Senate
operations. This item relates solely to the Senate, and is in
accordance with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention.
The conferees note one technical correction to the chart
included in Senate Report 112-80 under the heading Senators'
Official Personnel and Office Expense Allowance Fiscal Year
2012 to take into account a population change for the state
of Colorado that was inadvertently omitted.

----------------------------------------------------------------------------------------------------------------
Administrative
and clerical Legislative O.O.E.A. Total
State assistance assistance allowance allowance
allowance 10/1/ allowance 10/1/2011 10/1/2011
2011 10/1/2011
----------------------------------------------------------------------------------------------------------------
Colorado................................................. 2,431,275 477,874 180,096 3,089,245
----------------------------------------------------------------------------------------------------------------

House of Representatives

The conferees agree to appropriate $1,225,680,000 for House
operations. This item relates solely to the House, and is in
accordance with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention.

Security in Congressional District Offices

The conferees are aware of efforts underway by the House
Sergeant At Arms (HSAA) and the Capitol Police (USCP) to
improve security in Congressional district offices. With the
assistance of the HSAA and USCP, many Member offices had
security assessments conducted and were provided a list of
recommended security upgrades as a result of those
assessments. Member offices currently pay for their office
leases, including physical security, through their office
budgets, also called the Members' Representational Allowance,
which have been reduced. While the payment for district
security is decentralized, the guiding principles and
policies should not be. Therefore, the HSAA, along with USCP,
shall assist offices in prioritizing improvements and
highlighting alternative office locations that yield greater
security with less cost. In addition the House's Chief
Administrative Officer is directed to provide outreach to
Member offices and offer assistance in lease negotiations as
Member offices look to relocate or negotiate more favorable
terms that incorporate heightened security concerns.

JOINT ITEMS

JOINT ECONOMIC COMMITTEE

The conference agreement includes $4,203,000 for salaries
and expenses.

JOINT COMMITTEE ON INAUGURAL CEREMONIES OF 2013

The conference agreement includes $1,237,000, for salaries
and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United
States.

JOINT COMMITTEE ON TAXATION

The conference agreement includes $10,004,000 for salaries
and expenses.

OFFICE OF THE ATTENDING PHYSICIAN

The conference agreement includes $3,400,000.

OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

The conference agreement includes $1,363,000.

ADMINISTRATIVE PROVISION

The conferees have included an administrative provision
which authorizes employees of the Office of Congressional
Accessibility Services to participate in the Senate employee
student loan repayment program.

CAPITOL POLICE

SALARIES

The conference agreement includes $277,133,000 for salaries
of officers, members, and employees of the Capitol Police.
This level will support a staffing level of 1,775 sworn
officers and 370 civilian personnel.

GENERAL EXPENSES

The conference agreement includes $63,004,000 for general
expenses of the Capitol Police.

Workforce Management/Mission Requirements

The conferees support the directive contained in House
Report 112-148 regarding workforce management and mission
requirements in lieu of the directive in Senate Report 112-
80.

Overtime

The conferees recommend no more than 634,667 hours of
additional duty in fiscal year 2012 as depicted below. The
conferees direct that the Department report on the
expenditure of overtime within individual accounts by pay
period to the House and Senate Committees on Appropriations,
and that the Committees are notified prior to any transfer
within accounts, including the associated hours of additional
duty.

------------------------------------------------------------------------
Funding Hours (est.)
------------------------------------------------------------------------
Scheduled............................... $28,915,170 503,364
Annualization of overtime savings....... (700,370) 0
Unscheduled............................. 1,141,850 20,000
DPD..................................... 876,018 15,326
Conventions............................. 1,626,240 28,000
Training................................ 1,371,840 24,000
LOC--non-reimbursable events............ 214,896 3,700
Dome Skirt.............................. 1,853,739 31,917
Red Tunnel Project...................... 485,548 8,360
-------------------------------
Dome Skirt and other project re- (677,000) 0
estimations............................
Total............................... $35,107,931 634,667
------------------------------------------------------------------------

Threat Assessment

The conferees understand that the Capitol Police conduct
many different types of threat assessments and direct the
Chief of Police to work with the House and Senate Committees
on Appropriations to develop methods of updating the
Committees on threat assessment activities.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

The conferees have included a routine administrative
provision, section 1101, which continues authorization for
transfers between various accounts upon the approval of the
Committees on Appropriations of the House and Senate. The
conferees have also included an administrative provision,
section 1102, which authorizes the Secretary of the Senate
and the Chief Administrative Officer of the House to waive
erroneous payments to officers and employees.

OFFICE OF COMPLIANCE

SALARIES AND EXPENSES

The conference agreement includes $3,817,000, of which
$700,000 shall remain available until September 30, 2013 for
salaries and expenses of the Office of Compliance.

CONGRESSIONAL BUDGET OFFICE

SALARIES AND EXPENSES

The conference agreement includes $43,787,000 for salaries
and expenses of the Congressional Budget Office.

ARCHITECT OF THE CAPITOL

GENERAL ADMINISTRATION

The conference agreement includes $101,340,000 for General
Administration, of which $3,749,000 shall remain available
until September 30, 2016.
With respect to operations and projects, the House and
Senate conferees have agreed to the following:

Operating Budget:...........................................$97,591,000
Project Budget:........................................................
1. Energy Savings Performance Contracts (ESPC)..............2,700,000
2. Senate Reception Room......................................550,000
3. Conservation of Fine Architectural Art.....................499,000
________________

Total, General Administration..............................$101,340,000

[[Page H9716]]

Congressional Youth Park

The conferees note that the fiscal year 2002 Legislative
Branch appropriations bill, Public Law 107-68 included a
provision designating a special parcel of the Capitol Grounds
as the Congressional Youth Park. The conferees commend the
Architect of the Capitol (AOC) for developing the Capitol
Complex Master Plan as a guiding document for the future
development of the Capitol grounds. The plan embraces
Frederick Law Olmstead's original landscape design
establishing grounds that enhance and elevate the U.S.
Capitol. Integral to this plan should be the original intent
of the Botanic Garden to educate visitors about the
aesthetic, cultural, economic, therapeutic, and ecological
importance of plants. In this spirit, the conferees direct
the AOC to develop, as part of the Capitol Complex Master
Plan, the cultural landscape plan for the Congressional Youth
Park that aligns the use of the Park with Olmstead's
historically important vision about the importance of the
natural world in their daily lives. This segment of the
Master Plan shall also take into consideration landscape
requirements necessary to ensure the continued security of
the Capitol complex.

CAPITOL BUILDING

The conference agreement includes $36,154,000, of which
$11,063,000 shall remain available until September 30, 2016,
for maintenance, care, and operation of the Capitol.
With respect to operations and projects, the House and
Senate conferees have agreed to the following:

Operating Budget:...........................................$25,091,000
Project Budget:........................................................
1. Presidential Inaugural Stand and Support Facilities......4,263,000
2. Brumidi Corridors Restoration and Conservation Plan........800,000
3. Minor Construction.......................................6,000,000
________________

Total, Capitol Building.....................................$36,154,000

CAPITOL GROUNDS

The conference agreement includes $9,852,000 for the care and
improvements of the grounds surrounding the Capitol, House and
Senate office buildings, and the Capitol Power Plant.
With respect to operations and projects, the House and Senate
conferees have agreed to the following:

Operating Budget:............................................$9,852,000
Total, Capitol Grounds.......................................$9,852,000

SENATE OFFICE BUILDINGS

The conference agreement includes $71,128,000 for Senate
Office Buildings, of which $13,128,000 shall remain available
until September 30, 2016, for the maintenance, care and
operation of the Senate office buildings. This item relates
solely to the Senate and is in accordance with long practice
under which each body determines its own housekeeping
requirements, and the other concurs without intervention.
Operating Budget:...........................................$58,000,000
Project Budget:........................................................
1. Skylight Replacement (HSOB)..............................5,000,000
2. Infrastructure Improvements, Phase 3, North Wing (DSOB)..6,128,000
3. Minor Construction.......................................2,000,000
________________

Total, Senate Office Buildings..............................$71,128,000

HOUSE OFFICE BUILDINGS

Base funding, House Office Buildings.--The conference
agreement includes $94,154,000 for the basic and recurring
needs of the House within the House Office Buildings account,
of which $45,631,000 shall remain available until September
30, 2016. These funds support the regular maintenance, care,
and operation of the House office buildings by the Architect
of the Capitol.
Operating Budget:...........................................$48,523,000
Project Budget:........................................................
1. Alternate Life Safety Approach, CHOB.....................4,229,000
2. Interior Rehabilitation of the West House Underground Ga18,000,000
3. Power Distribution System Replacement, Vault C, FHOB.....3,957,000
4. Domestic Water and Sanitary Piping Replacement, RHOB.....1,598,000
5. Fire Alarm System Replacement, RHOB......................1,457,000
6. CAO Project Support......................................4,390,000
7. 480V Switchgear & Transformer Replacement, Phase III, HOB5,000,000
8. Minor Construction.......................................7,000,000
________________

Total, House Office Buildings (base program)................$94,154,000
House Historic Buildings Revitalization Trust Fund.--In
addition to funding for core facility needs, the conference
agreement includes $30,000,000 for the Historic Buildings
Revitalization Trust Fund, to remain available until
expended.
As these funds relate solely to the House, and is in
accordance with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention.

CAPITOL POWER PLANT

In addition to the $9,000,000 made available from receipts
credited as reimbursements to this appropriation, the
conference agreement includes $123,229,000 for maintenance,
care and operation of the Capitol Power Plant. Of this
amount, $37,617,000 shall remain available until September
30, 2016.
With respect to operations and project differences, the
House and Senate conferees have agreed to the following:

Operating Budget (net):.....................................$94,612,000
Project Budget:........................................................
1. Utility Tunnel Program..................................14,406,000
2. WRP Chiller System Replacement, RPR, CPP...................800,000
3. East Plant Chiller Relocation, RPR, CPP.................16,411,000
4. Cogeneration Management Program..........................2,000,000
5. Minor Construction.......................................4,000,000
________________

Total, Capitol Power Plant.................................$132,229,000

LIBRARY BUILDINGS AND GROUNDS

The conference agreement includes $46,876,000 for Library
of Congress buildings and grounds. Of this amount,
$21,116,000 shall remain available until September 30, 2016.
With respect to operations and projects, the House and
Senate conferees have agreed to the following:

Operating Budget:...........................................$25,760,000
Project Budget:........................................................
1. Sprinkler System, West Main Pavilion 1st Floor, Phase III4,100,000
2. Egress Improvements......................................1,126,000
3. Generator Replacement JAB................................5,000,000
4. Secured Storage Facilities, Phase III....................2,000,000
5. East and West Pavilion Copper Roof and Fall Protection
Replacement, Design.........................................309,000
6. Air Handling Unit Replacement and Hazardous Materials Abatement,
TJB.......................................................2,047,000
7. Fall Protection..........................................4,034,000
8. ABA Space Reorganization, JMMB.............................500,000
9. Minor Construction.......................................2,000,000
________________

Total, Library Buildings and Grounds........................$46,876,000

CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

The conference agreement includes $21,500,000 for Capitol
Police Buildings, Grounds and Security. Of this amount,
$3,473,000 shall remain available until September 30, 2016.
With respect to operations and projects, the conferees have
agreed to the following:

Operating Budget:...........................................$18,027,000
Project Budget:........................................................
1. Fire Alarm System Replacement, Headquarters..............2,473,000
2. Minor Construction.......................................1,000,000
________________

Total, Capitol Police Buildings, Grounds and Security.......$21,500,000

BOTANIC GARDEN

The conference agreement includes $12,000,000 for salaries
and expenses, Botanic Garden.

CAPITOL VISITOR CENTER

The conference agreement includes $21,276,000 for the
Capitol Visitor Center (CVC).

CVC Gift Shop

The conferees note that the CVC gift shop operating budget
exceeds the revenues generated within the gift shop revolving
fund. The conferees understand that there are mitigating
circumstances such as ``Buy American'' requirements that
account for the CVC gift shop operating differently than
other gift shops, such as the Library of Congress gift shop.
Given that the CVC gift shop has been operating for a few
years, the conferees believe it would be beneficial at this
juncture for the AOC to review and report on the operations
and steps that can be taken to improve operations within the
revolving fund understanding the distinctive parameters under
which the CVC gift shop operates. This report should be
provided to the Committee on Appropriations of the House and
Senate no later than March 31, 2012.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

Reimbursable Overtime Costs

The conference agreement includes an administrative
provision, section 1201, which authorizes the Architect of
the Capitol to reimburse the Capitol Police for the cost of
overtime associated with construction projects.
The conferees direct the Architect of the Capitol and the
United States Capitol Police to enter into a memorandum of
understanding to establish the appropriate mechanisms
necessary to implement this reimbursable process. The
memorandum of understanding shall include, but not be limited
to, the identification of the type and scope of construction
projects subject to reimbursement, the projected overtime and
related benefits costs for security requirements necessitated
by a specific project before the project commences, and the
reporting to the Architect of the Capitol actual costs for
reimbursement on a regular basis during and upon completion
of a security project. It is the conferees intent that this
practice will

[[Page H9717]]

commence with the submission of the fiscal year 2013 budget
request. The Architect of the Capitol shall submit the
requested overtime for ongoing and future construction
projects for fiscal year 2013. During fiscal year 2013, and
for future fiscal years, if overtime costs exceed those
requested, the Architect of the Capitol, with the concurrence
of the Capitol Police, will submit such costs to the House
and Senate Committees on Appropriations for approval.
The conference agreement includes an administrative
provision, section 1202, concerning the Capitol grounds.

LIBRARY OF CONGRESS

SALARIES AND EXPENSES

The conference agreement includes $413,743,000 in direct
appropriations, of which $6,959,000 is to remain available
until expended for digital collections and educational
curricula program, Library of Congress. In addition to this
amount $6,350,000 is available from receipts collected by the
Library of Congress and is to remain available until
expended.

SALARIES AND EXPENSES

The conference agreement includes $16,137,000 in direct
appropriations to the Copyright Office. An additional
$35,513,000 is made available from receipts for salaries and
expenses.

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

The conference agreement includes $106,790,000 for salaries
and expenses, Congressional Research Service including up to
$1,000,000 for a review of the Government Printing Office.

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

The conference agreement includes $50,674,000 for salaries
and expenses. This amount includes $650,000 for costs to
provide recorded newspaper services for the blind and
physically handicapped. The conferees have agreed that up to
$2,000,000 of unobligated balances can be utilized for media
production.

ADMINISTRATIVE PROVISIONS

The conferees have agreed to include administrative
provisions (sections 1301-1304) related to reimbursable and
revolving fund activities, transfer authority, availability
of funds for Workers Compensation Payments, and disposition
of surplus or obsolete personal property.

Government Printing Office

Operational Review

Over the past 10 years, the Government Printing Office has
regularly contracted out approximately 75% of the dollar
value of all work ordered annually (other than U.S. passports
and secure credentials). The vast majority of the work that
is contracted out is for the Executive Branch. Printing for
the Congress, passports for State Department, secure
credentials for Federal agencies and Congress, products for
the Office of the Federal Register, and several important
jobs of the Executive Branch, such as the President's Annual
Budget and printing for the White House, are conducted in-
house, as are all of GPO's digital information operations
serving all three branches of the Federal Government. The
conferees note that several studies evaluating GPO's
production, procurement, and information dissemination
programs and operations, including the Federal Depository
Library Program, have been conducted in the past. The
conferees also note that past reviews have supported the
GPO's business model as the most efficient way in which the
government should operate its printing and information
dissemination responsibilities. The conferees believe that
the GPO and the Congress would benefit from an update of
these reviews, particularly given the growth in printing and
digital technology in recent years, including the feasibility
of Executive Branch printing being continued to be performed
by the GPO, and other cost saving operational alternatives
that might be worthy of consideration. Within available funds
under the heading, ``Congressional Research Service'' , the
conferees direct the Congressional Research Service to award
a grant or contract to the National Academy of Public
Administration, an independent, nonpartisan organization that
was chartered by Congress to assist Federal, State, and local
governments in improving their effectiveness, efficiency, and
accountability, to conduct a study on updating a review of
GPO operations and additional cost saving opportunities
beyond what GPO has already instituted, if any, and report
its findings to the Committee on Appropriations of the House
and Senate no later than one year after enactment of this
Act.

CONGRESSIONAL PRINTING AND BINDING

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $90,700,000 for
authorized printing and binding for the Congress.

OFFICE OF THE SUPERINTENDENT OF DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $35,000,000.

GOVERNMENT PRINTING OFFICE REVOLVING FUND

The conference agreement includes $500,000.

Government Accountability Office

SALARIES AND EXPENSES

The conference agreement includes $511,296,000 in direct
appropriations for salaries and expenses, Government
Accountability Office. In addition, $22,304,000 is available
from offsetting collections.

ADMINISTRATIVE PROVISION

The agreement includes an administrative provision, section
1401, that allows GAO to be treated the same as other
Legislative Branch agencies regarding employee buyout
authority.
The conferees direct that GAO cease all work and no funds
are provided for any GAO study related to the study requested
in House Report 112-148 regarding the future of the
Government Printing Office. That work is being conducted by
NAPA through CRS.

Cost Analysis

The conferees believe that in order to provide the GAO with
the appropriate funding level to conduct its audits
efficiently, the conferees need a complete understanding of
the costs associated with conducting the audits. The concern
that certain costs associated with the reports cannot be
accounted for was heightened by the GAO Office of Inspector
General report noting that ``GAO's travel card program could
be strengthened by adopting selected best practices
identified in related Office of Management and Budget (OMB)
guidance. . . . Further, we found that OMB's travel card
guidance was not used by GAO to manage or assess the
effectiveness of its travel card program controls.''
Therefore, the conferees direct the GAO to report to the
Senate and House Committees on Appropriations on a semi-
annual basis, with a cost analysis by function of its work
products, a total funding level for any completed report
during the fiscal year, and the number of reports previously
conducted on the particular issues for which reports are
being conducted.

Open World Leadership Center Trust Fund

The conference agreement includes $10,000,000 for payment
to the Open World Leadership Center Trust Fund.
In June 2003 the House Committee on Appropriations directed
the Government Accountability Office (GAO) to assess the
overall effectiveness and efficiency of the Open World
Leadership Center (OWLC) in fulfilling its responsibilities
and role in achieving the overall intent and purposes of the
program. In March 2004 the GAO issued a report (GAO-04-436)
containing recommendations that OWLC establish strategic and
performance plans, strengthen assessing and reporting on
program performance, and improve its financial management and
accountability mechanisms. In the report the OWLC took issue
with the GAO emphasis on performance measures, noting that
its success is only measurable in the medium or long term.
The conferees direct the GAO to reexamine the OWLC regarding
the recommendations to determine what action has been taken
to meet the GAO recommendations with special emphasis on
financial management and performance measures. It has been a
number of years since this report was issued, and the
conferees believe enough time has lapsed to determine
progress in both these fields. Therefore, the conferees
direct the GAO to reexamine the recommendations of the March
2004 report with emphasis on financial management and
accountability mechanisms and the measurable benefits of the
OWLC. GAO shall consult with the Committees on Appropriations
as it develops the methodology and scope of the review. GAO
shall issue its final report by August 2012 and provide
regular updates to the Committees prior to issuing the final
report.

John C. Stennis Center For Public Service Training and Development

The conference agreement includes $430,000. The conferees
direct that future budget requests from the John C. Stennis
Center be accompanied by an appropriately detailed budget
justification.

TITLE II--GENERAL PROVISIONS

The conference agreement continues, in sections 201 to 209,
nine routine provisions carried in prior years. In addition
the agreement includes section 210 related to delivery of
printed copies of bills, joint resolutions, and resolutions,
section 211 related to delivery of printed copies of the
Congressional Record being delivered to a Members House
office, and section 212 related to Members of the House,
which places a limitation on the amount that can be expended
for the lease of a vehicle.

Reprograming Guidelines For Legislative Branch Agencies

The conferees expect all agencies to notify the Committees
on Appropriations of the House and Senate of any significant
departures from budget plans presented to the Committees of
the House and Senate. In particular, agencies funded in this
bill are required to notify the Committees prior to each
reprogramming of funds in excess of the lesser of 10 percent
or $500,000 between programs, projects, or activities, or in
excess of $500,000 between object classifications (except for
shifts within the pay categories, object class 11, 12, and
13, or as further specified in each agency's respective
section). This includes cumulative reprogrammings that
together total at least $500,000 from or to a particular
program, activity, or object classification, as well as
reprogramming of FTE's or funds to create new organizational

[[Page H9718]]

entities within the Agency or to restructure entities which
already exist. These guidelines remain effective unless
modified by a subsequent conference.

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

Matters Addressed by Only One Committee.--The language and
allocations set forth in House Report 112-94 and Senate
Report 112-29 should be complied with unless specifically
addressed to the contrary in the conference agreement and
this explanatory statement. Report language included by the
House, which is not changed by the report of the Senate or
this explanatory statement, and Senate report language, which
is not changed by this explanatory statement, is approved by
the Committees on Appropriations of both Houses of Congress.
This explanatory statement, while repeating some report
language for emphasis, does not intend to negate the language
referred to above unless expressly provided herein. In cases
where the House or the Senate has directed the submission of
a report, such report is to be submitted to both Houses of
Congress. House or Senate reporting requirements with
deadlines prior to, or within 15 days after, enactment of the
conference agreement shall be submitted no later than 60 days
after enactment of this Act. All other reporting deadlines
not changed by this explanatory statement are to be met.

TITLE I

DEPARTMENT OF DEFENSE

ITEMS OF GENERAL INTEREST

Reprogramming Guidelines.--The following reprogramming
guidelines apply for all military construction and family
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced
by the Congress in acting on the budget request is considered
to be a congressional interest item and as such, prior
approval is required. Accordingly, no reprogrammings to an
item specifically reduced below the threshold by the Congress
are permitted, except that the Department of Defense may seek
reprogrammings for appropriated increments.
The reprogramming criteria that apply to military
construction projects (25 percent of the funded amount or
$2,000,000, whichever is less) continue to apply to new
housing construction projects and to improvements over
$2,000,000. To provide the services the flexibility to
proceed with construction contracts without disruption or
delay, the costs associated with environmental hazard
remediation such as asbestos removal, radon abatement, lead-
based paint removal or abatement, and any other legislated
environmental hazard remediation may be excluded, provided
that such remediation requirements could not be reasonably
anticipated at the time of the budget submission. This
exclusion applies to projects authorized in this budget year,
as well as projects authorized in prior years for which
construction has not been completed. Planning and design
costs associated with military construction and family
housing projects may also be excluded from these guidelines.
In instances where prior approval to a reprogramming request
for a project or account has been received from the
Committees on Appropriations, the adjusted amount approved
becomes the new base for any future increase or decrease via
below-threshold reprogrammings (provided that the project or
account is not a congressional interest item as defined
above).
In addition to these guidelines, the services are directed
to adhere to the guidance for military construction
reprogrammings and notifications, including the pertinent
statutory authorities contained in DOD Financial Management
Regulation 7000.14-R and relevant updates and policy
memoranda. The conferees encourage the Office of the Director
of National Intelligence to use a format similar to that used
by the Office of the Secretary of Defense to submit
reprogramming requests.
Incrementally Funded Projects.--The conferees note that the
Administration requested several large military construction
projects that can be incrementally funded, but were instead
submitted as large single-year requests, in accordance with a
directive from the Office of Management and Budget to the
Department of Defense to severely restrict the use of
incremental funding for military construction. The Committees
on Appropriations of both Houses of Congress have previously
notified the Administration that they reserve the prerogative
to provide incremental funding where appropriate, in
accordance with authorizing legislation. The conferees
continue to believe that military construction projects
should be fully funded or separated into stand-alone phases
when practical. In some cases, however, incremental funding
makes fiscal and programmatic sense. The conference agreement
therefore incrementally funds the following projects:
Aviation Complex Phase 3A, Fort Wainwright, Alaska;
Mountainview Operations Facility, Buckley AFB, Colorado;
Hospital Replacement, Increment 3, Fort Bliss, Texas;
Ambulatory Care Center Phase 3, Joint Base San Antonio,
Texas; STRATCOM Replacement Facility, Increment 1, Offutt
AFB, Nebraska; Data Center, Increment 3, Camp Williams, Utah;
Ambulatory Care Center, Ph 3, Joint Base Andrews, Maryland;
and Strike Fuel Systems Maintenance Hanger, Anderson AFB,
Guam.
Quarterly Summary of Notifications.--The conferees direct
the services and the Office of the Secretary of Defense (on
behalf of itself and Defense agencies) to continue to submit
a quarterly report listing all notifications, to include bid
savings by service and Defense agencies, that have been
submitted to the Committees during the preceding three-month
period.
Report on Design Obligations.--The conferees direct that
the Secretary of Defense, and the secretaries of the Army,
Navy, and Air Force, each submit separate semi-annual reports
on the obligation and expenditure of planning and design
funds. The Secretary of Defense's report shall cover Military
Construction, Defense-Wide, and the reports by the Army,
Navy, and Air Force shall cover active, guard, and reserve
military construction accounts. Each report shall provide
data on the total amount available from each and all fiscal
years for planning and design activities, as well as the
amounts currently obligated and expended. The reports shall
be submitted no later than 30 days following the end of the
second and fourth quarters of fiscal year 2012 and semi-
annually no later than 30 days following the second and
fourth quarters of each fiscal year thereafter.
Quadrennial Defense Review/Nuclear Posture Review (QDR/
NPR).--The conference agreement does not reference language
requiring the Secretary of Defense to submit a report
regarding future funding for the QDR/NPR programs because the
reporting requirement has already been fulfilled.
Army Stationing in Europe.--In order to better understand
future requirements for U.S. military construction in Germany
in light of current and projected realignment activities, the
conferees direct that no later than 90 days after enactment
of this Act, the Secretary of Defense shall provide a report,
in writing, on installations and properties in Germany that
the Department of Defense intends to return to the host
nation. This report should include (1) intended timelines for
closures of U.S. Army installations along with a list of
military construction projects required at other
installations to facilitate the downsizing and consolidation
of Army forces in Germany; (2) identification of the brigade
combat team that will be withdrawn from Germany; (3) an
estimate of costs (including operation and maintenance costs
and military construction costs) to be incurred during fiscal
years 2012 through 2015 in connection with keeping the
brigade identified in Germany through September 30, 2015,
versus stationing a similar brigade in the United States; and
(4) identification of the Army installations in the United
States with the capability, existing infrastructure, and
training facilities to support a brigade combat team similar
to the one referenced above. The report should be submitted
to the Committees on Appropriations of both Houses of
Congress and may include a classified annex if necessary.
Guam Realignment.--The conferees support the
Administration's focus on strengthening the U.S. military
posture in the Pacific region. One of the most ambitious
undertakings by the Department of Defense is the joint U.S.-
Japanese plan to move 8,000 Marines and their families from
Okinawa to Guam. The conferees note that a number of
unforeseen obstacles, including lengthy environmental
studies, legal challenges, and land use issues, have hampered
the Department's ability to execute planned military
construction projects associated with the realignment that
have been funded in previous appropriations bills. In light
of these delays, the conference agreement does not include
funding, as requested, for two projects associated with the
realignment. The conferees encourage the Department to
complete the Guam master plan and provide a revised cost
estimate and timetable for the Guam relocation so that the
realignment can proceed without further delay.

MILITARY CONSTRUCTION, ARMY

The conference agreement appropriates $3,006,491,000 for
Military Construction, Army, instead of $3,041,491,000 as
proposed by the House and $3,066,891,000 as proposed by the
Senate. Within this amount, the agreement provides
$229,741,000 for study, planning, design, architect and
engineer services, and host nation support, the same amount
as proposed by the House and Senate.

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

The conference agreement appropriates $2,112,823,000 for
Military Construction, Navy and Marine Corps, instead of
$2,436,547,000 as proposed by the House and $2,187,622,000 as
proposed by the Senate. Within this amount, the agreement
provides $84,362,000 for study, planning, design, architect
and engineer services, the same amount as proposed by the
House and Senate.

MILITARY CONSTRUCTION, AIR FORCE

The conference agreement appropriates $1,227,058,000 for
Military Construction, Air Force, instead of $1,247,358,000
as proposed by the House and $1,227,058,000 as proposed by
the Senate. Within this amount, the agreement provides
$81,913,000 for study, planning, design, architect and
engineer services, the same amount as proposed by the House
and Senate.

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement appropriates $3,431,957,000 for
Military Construction, Defense-Wide, instead of
$3,533,757,000 as proposed by the House and $3,380,917,000 as
proposed by the Senate. Within this amount, the agreement
provides $430,602,000 for study, planning, design, architect
and engineer services, the same amount as proposed by the
House and Senate.

[[Page H9732]]

Fort Gordon, Georgia, National Security Agency (NSA)
Project Adjustment.--The President's budget submission
included $11,340,000 for the NSA Whitelaw Wedge Building
addition at Fort Gordon, Georgia. Subsequent to the budget
submission NSA determined that the cost of the project had
increased to $17,705,000 and requested a $6,365,000 funding
adjustment for the project. The Director of the NSA
transmitted a formal request for this adjustment to the
Committees on Appropriations of the House and Senate on
June 2, 2011. Therefore, the conference agreement includes
an additional $6,365,000 for this project as requested,
with a corresponding decrement from the NSA minor
construction account.
Department of Defense Education Activity (DODEA) Schools.--
The conferees note that over 86,000 children attend DODEA
schools in the United States and overseas, but according to
the 2009 DOD Report to Congress on Department of Defense
Education Activity's Military Construction Program, 79
percent of DODEA schools were structurally rated as poor or
failing. The conferees note that DOD's Future Years Defense
Plan (FYDP) for fiscal years 2012 through 2016 includes
funding to recapitalize many, but not all, of these schools.
The conferees urge the Secretary of Defense to prioritize the
recapitalization of all poor or failing DODEA schools, and
accelerate funding for this purpose in future FYDPs.
Energy Conservation Investment Program (ECIP).--The
conference agreement provides $135,000,000 for ECIP, as
proposed by both the House and the Senate. Additionally, the
conference agreement provides $10,000,000 in dedicated
funding for ECIP planning and design, as proposed by the
Senate. The conferees strongly support the efforts of the
Department of Defense to promote energy conservation, green
building initiatives, energy security, and investment in
renewable energy resources, and commend the leadership of the
Department and the services for making energy efficiency a
key component of construction on military installations. The
conferees urge the Department to use the the dedicated
planning and design funds to invest in innovative renewable
energy projects as well as projects that enhance energy
security at military installations and encourages the
Department to request dedicated planning and design funding
for ECIP in future budget submissions.
Landstuhl Regional Medical Center.--The conferees strongly
support the construction of the new Landstuhl Regional
Medical Center in Germany to replace the current aging
facility, which is inefficient, and structurally a failing
facility. However, the conferees note that the size, scope
and design of the proposed replacement hospital was initiated
several years ago, before the withdrawal schedule for U.S.
troops in Iraq and Afghanistan was established, and before
looming budget restraints prompted the Department of Defense
(DOD) to reconsider all overseas basing of U.S. military
forces. Given the potential for major force structure
reductions in Europe, the conferees believe that the planning
assumptions for the new Landstuhl Regional Medical Center
should be re-evaluated to ensure that the facility is
properly sized and scoped to meet the emerging contingency
and force structure requirements in Europe.
Because of the importance of this project, the conference
agreement fully funds the Department's request to proceed
with site preparation and utility infrastructure for the
replacement hospital. However, the conference agreement
restricts the Department from awarding a design contract for
the hospital that exceeds the 20 percent design level until
the Secretary of Defense has provided a plan to the
Committees on Appropriations of the House of Representatives
and the Senate describing how it intends to implement the
recommendations of a Government Accountability Office study
with regard to the plans, baseline data, and estimated cost
of the new facility, and certifies that the replacement
hospital is properly sized and scoped to meet the projected
health care requirements.
The conferees further direct DOD to provide to the
Committees, in conjunction with the certification,
justification supporting the size and scope of the
replacement hospital that includes, at a minimum, (1)
documentation that clearly shows how health care requirements
were used to calculate the size, configuration, and
associated costs of the facility, and (2) a risk or
sensitivity analysis that assesses, at a minimum, how
potential global posture changes in the area of
responsibility of the European Command may impact the health
care requirements for the proposed facility.

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

The conference agreement appropriates $773,592,000 for
Military Construction, Army National Guard, as proposed by
the Senate instead of $798,592,000 as proposed by the House.
Within this amount, the agreement provides $20,671,000 for
study, planning, design, architect and engineer services.

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

The conference agreement appropriates $116,246,000 for
Military Construction, Air National Guard, as proposed by the
both the House and the Senate. Within this amount, the
agreement provides $12,225,000 for study, planning, design,
architect and engineer services.

MILITARY CONSTRUCTION, ARMY RESERVE

The conference agreement appropriates $280,549,000 for
Military Construction, Army Reserve, as proposed by both the
House and the Senate. Within this amount, the agreement
provides $28,924,000 for study, planning, design, architect
and engineer services.

MILITARY CONSTRUCTION, NAVY RESERVE

The conference agreement appropriates $26,299,000 for
Military Construction, Navy Reserve as proposed by both the
House and the Senate. Within this amount, the agreement
provides $2,591,000 for study, planning, design, architect
and engineer services.

MILITARY CONSTRUCTION, AIR FORCE RESERVE

The conference agreement appropriates $33,620,000 for
Military Construction, Air Force Reserve, as proposed by both
the House and the Senate. Within this amount, the agreement
provides $2,200,000 for study, planning, design, architect
and engineer services.

NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

The conference agreement appropriates $247,611,000 for the
North Atlantic Treaty Organization Security Investment
Program, the same amount as proposed by the House, instead of
$272,611,000 as proposed by the Senate.

FAMILY HOUSING CONSTRUCTION, ARMY

The conference agreement appropriates $176,897,000 for
Family Housing Construction, Army as proposed by both the
House and the Senate.

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

The conference agreement appropriates $493,458,000 for
Family Housing Operation and Maintenance, Army instead of
$494,858,000 as proposed by both the House and the Senate.
General Officer Flag Officer Quarters.--The conferees
reduced the request for Family Housing Operation and
Maintenance by $1,400,000 based on the Secretary of the
Army's notification that the exterior repairs in Stuttgart,
Germany are no longer necessary.

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

The conference agreement appropriates $100,972,000 for
Family Housing Construction, Navy and Marine Corps as
proposed by both the House and the Senate.

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS

The conference agreement appropriates $367,863,000 for
Family Housing Operation and Maintenance, Navy and Marine
Corps as proposed by both the House and the Senate.

FAMILY HOUSING CONSTRUCTION, AIR FORCE

The conference agreement appropriates $60,042,000 for
Family Housing Construction, Air Force instead of $84,804,000
as proposed by both the House and the Senate. The funding
adjustment was requested by the Air Force to offset a
shortfall in family housing operation and maintenance
funding. To cover the shortfall, the Air Force requested the
cancellation of a family housing construction improvement
project at Misawa, Japan, resulting in a decrease of
$24,762,000 from the budget submission.

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

The conference agreement appropriates $429,523,000 for
Family Housing Operation and Maintenance, Air Force instead
of $404,761,000 as proposed by both the House and the Senate.
The $24,762,000 increase was requested by the Air Force to
cover a projected shortfall in family housing operation and
maintenance funding. The funding increase is offset by a
corresponding reduction of $24,762,000 in Air Force family
housing construction funding.

FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

The conference agreement appropriates $50,723,000 for
Family Housing Operation and Maintenance, Defense-Wide as
proposed by both the House and the Senate.

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

The conference agreement appropriates $2,184,000 for the
Department of Defense Family Housing Improvement Fund as
proposed by both the House and the Senate.

HOMEOWNERS ASSISTANCE FUND

The conference agreement appropriates $1,284,000 for the
Homeowners Assistance Fund as proposed by both the House and
the Senate. The conference agreement also includes language
that the Secretary of Defense shall not issue any regulation
or otherwise take any action to limit the submission of
applications prior to September 30, 2012, 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

The conference agreement appropriates $75,312,000 for
Chemical Demilitarization Construction, Defense-Wide as
proposed by both the House and the Senate.

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990

The conference agreement appropriates $323,543,000 for the
Department of Defense

[[Page H9733]]

Base Closure Account 1990, as proposed by the Senate instead
of $373,543,000 as proposed by the House.

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

The conference agreement appropriates $258,776,000 for the
Department of Defense Base Closure Account 2005, as proposed
by both the House and Senate. The conferees note that
significant bid savings have been realized in the BRAC 2005
military construction program, primarily as a result of the
favorable bid climate over the past several years, and
believe that these savings should be used to offset current
BRAC 2005 requirements as well as current and projected
requirements of the Homeowners Assistance Program. The
conferees therefore are rescinding $258,776,000 from previous
BRAC 2005 appropriations (Sec. 132 of Administrative
Provisions) to offset the fiscal 2012 request. Additionally,
the conferees direct the Department to use the transfer
authority provided elsewhere in this Act to transfer
sufficient unobligated balances from the BRAC 2005 account to
the Homeowners Assistance Program to address eligible claims
for benefits, including permanent change of station benefits,
submitted through September 30, 2012.
BRAC 133.--On November 30, 2011, the Department of Defense
Inspector General (DODIG) released report number DODIG 2012-
024, which found that the Army's transportation management
plan for Base Closure and Realignment (BRAC) recommendation
#133 (Mark Center) was based on faulty data, rendering the
transportation plan's findings and conclusions unreliable.
Further, the Inspector General found that the traffic studies
used to develop the plan do not address the totality of
issues related to site ingress and egress, nor will the plan
achieve its goal of reducing single-occupancy vehicle
utilization. The conferees find the analysis as outlined in
the DODIG's report deeply troubling. Equally troubling is the
Army's refusal to even consider the DODIG's recommendations.
In an effort to mitigate traffic congestion surrounding the
Mark Center site, the conference agreement includes a
limitation on the number of parking spaces the Department may
utilize at the Mark Center to no more than 2,000, with the
exception of disabled parking spaces. The limitation may be
waived in part, but not in whole, if the Secretary of Defense
certifies that none of the intersections surrounding the Mark
Center reach failing levels of service ``e'' or ``f,'' as
defined by the Transportation Research Board Highway Capacity
Manual, during a consecutive 90 day period.
Should the intersections currently undergoing traffic
monitoring surrounding the Mark Center be deemed as not to
have reached failing levels of service, the Department of
Defense (DOD) and the Virginia Department of Transportation
(VDOT) must agree to the number of additional spaces that may
be utilized at the Mark Center, which would then be subject
to another 90 day traffic monitoring program. To ensure that
the Department adequately plans and mitigates traffic
generated by the BRAC #133 development, the Department is
directed to implement the DODIG's 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.
The conferees recognize that the employees that work at the
Mark Center bear no fault in the poor planning and execution
of the transportation management plan. The conferees
therefore strongly encourage the Department of Defense to
examine mandatory commuting alternatives such as telework,
flexible work schedules, satellite parking facilities with
dedicated shuttle service to the Mark Center, parking
capacity at the Pentagon, additional ridesharing and public
transit incentives and all other means to ensure that Mark
Center employees can commute to and from work without undue
burden.

ADMINISTRATIVE PROVISIONS

(Including Transfers and Rescissions of Funds)

The conference agreement includes section 101 as proposed
by both the House and the Senate limiting the use of funds
under a cost-plus-a-fixed-fee contract.
The conference agreement includes section 102 as proposed
by both the House and the Senate allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The conference agreement includes section 103 as proposed
by both the House and the Senate allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The conference agreement includes section 104 as proposed
by both the House and the Senate prohibiting construction of
new bases in the United States without a specific
appropriation.
The conference agreement includes section 105 as proposed
by both the House and the Senate limiting the use of funds
for the purchase of land or land easements that exceed 100
percent of the value.
The conference agreement includes section 106 as proposed
by both the House and the Senate prohibiting the use of
funds, except funds appropriated in this title for that
purpose, for family housing.
The conference agreement includes section 107 as proposed
by both the House and the Senate limiting the use of minor
construction funds to transfer or relocate activities.
The conference agreement includes section 108 as proposed
by both the House and the Senate prohibiting the procurement
of steel unless American producers, fabricators, and
manufacturers have been allowed to compete.
The conference agreement includes section 109 as proposed
by both the House and the Senate prohibiting the use of
construction or family housing funds to pay real property
taxes in any foreign nation.
The conference agreement includes section 110 as proposed
by both the House and the Senate prohibiting the use of funds
to initiate a new installation overseas without prior
notification.
The conference agreement includes section 111 as proposed
by the Senate establishing a preference for American
architectural and engineering services for overseas projects.
The House bill contained a similar provision, but included
countries within the United States Central Command Area of
Responsibility.

The conference agreement includes section 112 as proposed
by the Senate establishing a preference for American
contractors in certain locations. The House bill contained a
similar provision, but included countries within the United
States Central Command Area of Responsibility.
The conference agreement includes section 113 as proposed
by both the House and the Senate requiring congressional
notification of military exercises when construction costs
exceed $100,000.
The conference agreement includes section 114 as proposed
by both the House and the Senate limiting obligations in the
last two months of the fiscal year.
The conference agreement includes section 115 as proposed
by both the House and the Senate allowing funds appropriated
in prior years for new projects authorized during the current
session of Congress.
The conference agreement includes section 116 as proposed
by both the House and the Senate allowing the use of expired
or lapsed funds to pay the cost of supervision for any
project being completed with lapsed funds.
The conference agreement includes section 117 as proposed
by both the House and the Senate allowing military
construction funds to be available for five years.
The conference agreement includes section 118 as proposed
by both the House and the Senate allowing the transfer of
proceeds between BRAC accounts.
The conference agreement includes section 119 as proposed
by both the House and the Senate allowing the transfer of
funds from Family Housing Construction accounts to the Family
Housing Improvement Fund.
The conference agreement includes section 120 as proposed
by both the House and the Senate allowing transfers to the
Homeowners Assistance Fund.
The conference agreement does not include a provision
proposed by the Senate (Sec. 120) requiring congressional
notification prior to issuing a solicitation for a contract
with the private sector for family housing. The House bill
contained no similar provision.
The conference agreement includes section 121 as proposed
by both the House and the Senate limiting the source of
operation and maintenance funds for flag and general officer
quarters and allowing for notification by electronic medium.
The conference agreement includes section 122 as proposed
by both the House and the Senate extending the availability
of funds in the Ford Island Improvement Account.
The conference agreement includes section 123 as proposed
by both the House and the Senate placing limitations on the
expenditure of funds for projects impacted by BRAC 2005.
The conference agreement includes section 124 as proposed
by both the House and the Senate allowing the transfer of
expired funds to the Foreign Currency Fluctuations,
Construction, Defense account.
The conference agreement includes section 125 as proposed
by the Senate allowing for the reprogramming of construction
funds among projects and activities subject to certain
criteria. The House bill contained a similar provision with
an additional reporting requirement.
The conference agreement does not include a provision
proposed by the House (Sec. 126) rescinding unobligated
balances available for the Base Realignment and Closure
Account 1990. The Senate bill contained no similar provision.
The conference agreement includes a modified section 126 as
proposed by the Senate related to the closure of the Umatilla
Army Chemical Depot. The House bill contained no similar
provision.
The conference agreement includes a modified section 127 as
proposed by the House which limits parking at BRAC 133 to
2,000 spaces and includes other requirements and exemptions.
The Senate bill contained no similar provision.
The conference agreement includes section 128 as proposed
by the Senate restricting the obligation of funds for a
permanent United States Africa Command headquarters outside
of the United States until an analysis of all military
construction costs is submitted to the congressional defense
committees. The House bill contained no similar provision.
The conference agreement includes section 129 as proposed
by the House prohibiting the use of funds for any action
related to the expansion of Pinon Canyon Maneuver Site,
Colorado. The Senate bill contained no similar provision.

[[Page H9734]]

The conference agreement includes a modified section 130 as
proposed by the House restricting the obligation of funds for
relocating an Army unit that performs a testing mission. The
Senate bill contained no similar provision.
The conference agreement does not include a provision
proposed by the Senate (Sec. 129) restricting the obligation
of funds for military construction projects in Germany. The
House bill contained no similar provision. This issue is
instead addressed under Items of General Interest in Title I.
The conference agreement does not include a provision
proposed by the Senate (Sec. 130) requiring a report on the
status and improvement plan for all DODEA schools with Q3 or
Q4 rating. The House bill contained no similar provision.
This issue is instead addressed under Military Construction,
Defense-Wide in Title I.
The conference agreement includes section 131 rescinding
unobligated balances primarily due to bid savings from the
following accounts in the specified amounts: 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. The Senate bill contained no similar provision.
The conference agreement includes section 132 rescinding
unobligated balances from the Department of Defense Base
Closure Account 2005. The House bill contained a similar
provision and the Senate bill contained no similar provision.

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TITLE II

DEPARTMENT OF VETERANS AFFAIRS

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

The conference agreement appropriates $51,237,567,000 for
Compensation and Pensions instead of $58,067,319,000 as
proposed by both the House and the Senate. The agreement
reflects new estimates provided in the Administration's mid-
session review. Of the amount provided, not more than
$32,187,000 is to be transferred to General Operating
Expenses, Veterans Benefits Administration, Medical Support
and Compliance, and Information Technology Systems for
reimbursement of necessary expenses in implementing
provisions of title 38, as proposed by both the House and the
Senate.

READJUSTMENT BENEFITS

The conference agreement appropriates $12,108,488,000 for
Readjustment Benefits instead of $11,011,086,000 as proposed
by both the House and the Senate. The agreement reflects new
estimates provided in the Administration's mid-session
review.

VETERANS INSURANCE AND INDEMNITIES

The conference agreement appropriates $100,252,000 for
Veterans Insurance and Indemnities as proposed by both the
House and the Senate.

VETERANS HOUSING BENEFIT PROGRAM FUND

The conference agreement appropriates such sums as may be
necessary for costs associated with direct and guaranteed
loans for the Veterans Housing Benefit Program Fund, as
proposed by both the House and the Senate. The agreement
limits obligations for direct loans to not more than $500,000
and provides that $154,698,000 shall be available for
administrative expenses, as proposed by both the House and
the Senate.

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

The conference agreement appropriates $19,000 for the cost
of direct loans from the Vocational Rehabilitation Loans
Program Account, plus $343,000 to be paid to the
appropriation for General Operating Expenses, Veterans
Benefits Administration, as proposed by both the House and
the Senate. The agreement provides for a direct loan
limitation of $3,019,000 as proposed by both the House and
the Senate.

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

The conference agreement appropriates $1,116,000 for
administrative expenses of the Native American Veteran
Housing Loan Program Account as proposed by both the House
and the Senate.

VETERANS HEALTH ADMINISTRATION

AREAS OF INTEREST

Rural access. The conferees are deeply concerned about the
difficulties veterans in rural areas face in finding
appropriate and accessible Department of Veterans Affairs
(VA) health care. As identified in the House and Senate
reports, the conferees urge the VA to focus on infrastructure
improvements at small and mid-sized medical centers, to
consider offering mobile health services, to promulgate
regulations allowing veterans service organizations to
provide better transportation options for rural veterans, and
to partner with State and local organizations to identify
veterans in rural and highly rural areas. The conferees also
expect to see a long-range strategic plan for the Office of
Rural Health, as well as that Office's response to
recommendations in the Inspector General's April 2011 report.
The conferees emphasize that all reports on rural access
issues requested by either the House or Senate are required
to be submitted to the Committees on Appropriations of the
House of Representatives and the Senate (``Committees'') 90
days after enactment of this Act, as described in the first
section of this explanatory statement. In addition to the
strategic plan, the conferees strongly urge the Department to
improve the accessibility, efficiency, and effectiveness of
rural healthcare by detailing options available for veterans
who need to access healthcare from facilities which are
``split campus'' models where outpatient care and specialty
services are not collocated.
Licensing. The conferees urge the Department of Defense
(DOD) and the VA to examine ways to eliminate duplicative
licensing requirements as described in Senate Report 112-29.

MEDICAL SERVICES

The conference agreement appropriates $41,354,000,000 in
advance for fiscal year 2013 for Medical Services, as
proposed by both the House and the Senate. The agreement does
not extend the availability of any of this funding until
September 30, 2014, as proposed by the House. The conferees
do not include the language proposed by the House limiting
the use of $664,000,000 of fiscal year 2012 medical services
funding to the fourth quarter and only once approval is
obtained from the Committees.
The conference agreement fully funds the family caregivers
program at the request level of $248,000,000 for fiscal year
2013. The conferees urge the VA to ensure that the caregivers
program remains a top priority.
The conference agreement provides sufficient resources to
fully implement VA homeless assistance programs, including
the providers grant and per diem, domiciliary care for
homeless veterans, and the HUD-VA supported housing program.
In particular, the conferees urge the VA to focus on homeless
veterans living in rural and highly rural areas.
The conferees concur with the direction of the House
regarding an annual report detailing the distribution of
medical services funding among the Veterans Integrated
Service Networks, central headquarters, and medical centers.
The conferees concur with the House report language
directing the VA not to convert dialysis service from
contract-provided care to in-house care until after
completion and evaluation of its pilot demonstration. The
conferees include an exception to this directive if there are
any locations where it would result in a diminution of
clinical care.
The conferees urge the VA to continue implementation of the
Integrated Mental Health Strategy.
The conferees note that VA HIV testing rates significantly
improved at VA facilities which used a clinical reminder to
prompt routine HIV testing. The conferees urge the VA to
employ HIV testing clinical reminders at all VA medical
centers to accelerate the implementation of routine HIV
testing, consistent with VHA Directive 2009-036. The
conferees also encourage the VA to continue to award
laboratory and clinical grants to implement routine HIV
testing.

MEDICAL SUPPORT AND COMPLIANCE

The conference agreement appropriates $5,746,000,000 in
advance for fiscal year 2013 for Medical Support and
Compliance, as proposed by both the House and the Senate. The
agreement does not extend the availability of any of this
funding until September 30, 2014, as proposed by the House.

MEDICAL FACILITIES

The conference agreement appropriates $5,441,000,000 in
advance for fiscal year 2013 for Medical Facilities, as
proposed by both the House and the Senate. The agreement does
not extend the availability of any of this funding until
September 30, 2014, as proposed by the House. The conferees
urge the Department to submit an additional fiscal year 2013
budget request for Medical Facilities with the submission of
the 2013 budget to address the need for increased non-
recurring maintenance funding. Additionally, the conferees
direct the Department to submit no later than April 6, 2012,
a comprehensive list by location of all established multi-
specialty outpatient clinics and any proposed to be opened in
fiscal year 2012.

MEDICAL AND PROSTHETIC RESEARCH

The conference agreement appropriates $581,000,000 for
Medical and Prosthetic Research as proposed by the Senate
instead of $530,774,000 as proposed by the House.
The conferees continue to support the development of
advanced prosthetic devices and direct that, no later than 90
days after the enactment of this Act, the Secretary, in
coordination with the Defense Advanced Research Projects
Agency, shall submit to the Committees on Appropriations, the
Committees on Veterans Affairs, and the Committees on Armed
Services of both Houses of Congress a report on the
Department's plans to make the next generation of advanced
prosthetics available for injured veterans and members of the
Armed Forces. The report shall include the strategic plan and
timetable to make the next generation prosthetic devices
available and a description of the challenges (both technical
and administrative) that could impact the schedule, as well
as the Department's plans to mitigate these challenges.

NATIONAL CEMETERY ADMINISTRATION

The conference agreement appropriates $250,934,000 for the
National Cemetery Administration (NCA) as proposed by both
the House and the Senate. Of the amount provided, $25,100,000
is available until September 30, 2013, as proposed by both
the House and the Senate.
The conferees are concerned that the NCA has failed to
adequately serve the burial needs the nation's veterans in
rural areas. The NCA fiscal year 2012 budget submission
acknowledges that 10 percent of all veterans will not have
access to a burial option in a national, State or tribal
cemetery. The majority of these underserved veterans live in
rural areas, and the conferees are concerned that the NCA's
Urban Initiative will exacerbate the disparity of burial
services between urban and rural veterans. The conferees have
included a provision in the bill prohibiting funds from being
used to expand the Urban Initiative beyond the sites already
outlined in the budget until the NCA submits to the
Committees a detailed strategy to meet the burial needs of
veterans residing in rural and highly rural areas. The report
shall include a timeline for implementation of such a
strategy and cost estimates of establishing new burial sites
in at least five rural or highly rural locations. This report
shall be submitted no later than February 6, 2012.
In the short term, because the Secretary has the authority
to waive Department guidance establishing a population
threshold for creating national cemeteries, the conferees
urge the Secretary to use this waiver authority to address
the pressing needs for access to VA cemeteries in some rural
areas.

DEPARTMENTAL ADMINISTRATION

GENERAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement appropriates $416,737,000 for
General Administration, instead of $400,500,000 as proposed
by the House and $431,257,000 as proposed by the Senate. Of

[[Page H9753]]

the amount provided, $20,837,000 is available for obligation
until September 30, 2013, instead of $22,144,000 as proposed
by the House and $21,562,000 as proposed by the Senate. The
conference agreement includes bill language permitting the
transfer of funds from this account to ``General Operating
Expenses, Veterans Benefits Administration'', as proposed by
both the House and Senate. Bill language is not included to
identify specific resources to improve acquisition workforce
capacity. The House and Senate had included such language,
but with different funding amounts.
The Administration's budget request proposed that funding
for administrative expenses associated with executive offices
be included in a single account with the general operating
expenses of the Veterans Benefits Administration. The
conference agreement includes funding for these two distinct
functions in two separate accounts: General operating
expenses, Veterans Benefits Administration; and General
administration, as proposed by both the House and Senate. The
conferees believe that differences in the mission and purpose
of the Department's executive offices and the Veterans
Benefits Administration justify providing funding in two
separate accounts. Further, separating these two broad
categories will provide the Congress with greater visibility
of budgetary resources and oversight of expenditures for
these two vital missions.
The conference agreement includes the following funding
levels:

[In thousands of dollars]
------------------------------------------------------------------------
Office House Senate Conference
------------------------------------------------------------------------
The Secretary.................... 9,270 10,104 10,085
Board of Veterans Appeals........ 78,273 78,006 78,006
General Counsel.................. 80,778 84,073 83,099
Management....................... 43,956 45,686 45,598
Human Resources.................. 68,590 70,516 70,379
Policy and Planning.............. 26,015 26,127 26,015
Operations Security and Prep..... 16,746 19,543 18,510
Public and Intergovernmental 22,079 23,330 23,286
Affairs.........................
Cong and Legislative Affairs..... 6,065 6,065 6,053
Acquisition, Logistics and 70,728 67,807 55,706
Construction....................
Undistributed.................... -22,000 ........... ...........
--------------------------------------
Total........................ 400,500 431,257 416,737
------------------------------------------------------------------------

The total for the Office of the General Counsel includes
$1,889,000 for staffing to speed the appeals process and
regulation promulgation, as requested by the Administration
and proposed by the Senate. The House had no similar
provision.
Within the total for the Office of Management, the
conference agreement provides $1,600,000 to conduct audits of
the Veterans Health Administration Fee Care program,
as requested by the Administration and proposed by the
Senate. The House did not include a similar provision. The
conferees concur in the Fee Care report requirement
proposed by the Senate and expect the report to be
submitted within 90 days of enactment of this Act.
The conferees provide $1,900,000 within the Office of
Operations, Security and Preparedness to implement the
Homeland Security Presidential Directive 12 mandate. The
Senate provided $2,900,000 for this activity, as proposed in
the Administration request; the House did not provide
specific funding. The agreement also provides $705,000 to
activate the Integrated Operations Center and the Capital
Region Readiness Center, as requested by the Administration
and proposed by the Senate. The House did not include a
similar provision.
The conference agreement provides $1,150,000 within the
Office of Public and Intergovernmental Affairs for the tribal
government outreach and new media offices, as requested by
the Administration and proposed by the Senate. The House did
not include similar provisions.
The conference agreement provides $5,000,000 within the
Office of Acquisition, Logistics, and Construction for the
2012 President's acquisition initiative and the facilities
management transformation. The House provided $20,000,000 for
these activities; the Senate provided $17,000,000.
The conferees require the VA to include in budget
justification documents each year a detailed summary of the
marketing campaign budget, as proposed in the House report.
The Senate report did not include a similar requirement.
The conferees concur in the Senate report directive
requiring a report on adopting payment recapture audits, with
the report to be submitted within 90 days of enactment of
this Act.

GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION

The conference agreement appropriates $2,018,764,000 for
General Operating Expenses, Veterans Benefits Administration,
as proposed by the Senate instead of $2,020,128,000, as
proposed by the House. The agreement makes available not to
exceed $105,000,000 of this funding until the end of fiscal
year 2013, as proposed by the Senate, instead of $105,856,000
as proposed by the House. The conferees concur with Senate
report language regarding Decision Review Officers.

INFORMATION TECHNOLOGY SYSTEMS

The conference agreement appropriates $3,111,376,000 for
Information Technology (IT) Systems instead of $3,025,000,000
as proposed by the House and $3,161,376,000 as proposed by
the Senate. The agreement follows the Senate format of
identifying separately in bill language the funding available
for pay ($915,000,000); operations and maintenance
($1,616,018,000); and systems development, modernization, and
enhancement ($580,358,000). The Senate bill provided
$915,000,000 for pay; $1,709,953,000 for operations and
maintenance; and $536,423,000 for development. The House
provided all IT funding in one lump sum. The agreement also
adopts the Senate proposal of making $25,000,000 of pay
funding available until the end of fiscal year 2013;
$110,000,000 of operations and maintenance funding available
until the end of fiscal year 2013; and all IT systems
development, modernization and enhancement funding available
until the end of fiscal year 2013. The House proposed to make
the entire IT appropriation available until the end of fiscal
year 2013.
On May 2, 2011, the Secretary of Veterans Affairs and the
Secretary of Defense entered into an agreement to implement
an integrated electronic health record (iEHR) system rather
than pursue separate strategies for modernizing the two
existing health record systems. The conferees are encouraged
by this agreement and believe that successful development and
implementation is crucial for both Departments to continue to
provide high-quality medical care in the 21st century and to
enhance seamless transition from active duty to the VA.
The conferees strongly encourage the Secretaries of the
Department of Veterans Affairs and the Department of Defense
to continue to work together throughout the development of
this new system to ensure an unambiguous and unified message
is clearly articulated to both Departments. It is imperative
the new iEHR system be agreed to and driven by senior
leadership at both Departments to ensure system development
is on time and within budget.
Given that the two Departments entered into this agreement
after the Administration had transmitted the fiscal year 2012
budget request to Congress, the VA has had to alter its
original Information Technology budget submission to account
for iEHR. According to the VA, the requirement for iEHR in
fiscal year 2012 is $100,000,000, which includes $73,200,000
in development funds. The conference agreement fully funds
this request and includes an updated development chart
displaying the iEHR development requirement.
The conferees direct the Department of Veterans Affairs, in
conjunction with the Department of Defense, to identify the
timeframe for completion of an integrated electronic health
record system and develop detailed benchmarks to track
progress. Additionally, the conferees direct the Office of
Information Technology to provide quarterly updates on the
progress of this project to the Committees on Appropriations
of both Houses of Congress.
The conference agreement includes language proposed in both
the House and Senate bills requiring that no IT funding may
be obligated until the VA submits to the Committees, and the
Committees approve, an expenditure plan meeting the four
criteria outlined. The conferees are disturbed that the VA
has not complied with this language in previous years and
expect prompt compliance in fiscal year 2012.
The conference agreement includes bill language proposed by
the Senate but not the House prohibiting the obligation of IT
development, modernization, and enhancement funding until the
VA submits a certification of the amounts to be obligated, in
part or in full, for each development project.
The conference agreement includes bill language proposed by
the Senate but not the House permitting funding made
available for the three IT subaccounts to be transferred
among them after the VA requests and receives approval from
the Committees.
The conferees include bill language making funds available
for IT development, modernization, and enhancement for the
projects and in the amounts specified in the following table:

INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
[In thousands of dollars]
------------------------------------------------------------------------
Conference
Project agreement
------------------------------------------------------------------------
Veterans Benefits Management System (VBMS):
VBMS................................................... 88,870
Veterans Service Network (VETSNET)..................... 17,843
------------
Total VBMS Development............................. 106,713
============
Virtual Lifetime Electronic Record (VLER):
Memorial/Cemeterial Legacy Development................. 10,859
VISTA Web Performance and User Interface............... 600
Bidirectional Health Information Exchange.............. 3,760
NHIN Gateway and Adaptor Development................... 8,435
Veteran Authorization and Policies Development......... 4,100
VLER Services.......................................... 5,200
Warrior Support/Information Sharing Initiative 5,000
Development...........................................
Warrior Support/VA-DOD Identity Repository Development. 5,000
Warrior Support/Federal Case Management Tool........... 6,640
------------
Total VLER Development............................. 49,594
============
Access to Healthcare:
Access IT-Program Management Office.................... 1,000
Emergency Department Information System Development.... 7,400
Surgical Quality and Workflow Management Development... 22,200
Veterans Benefits Handbook Development................. 6,000
TeleHealth............................................. 3,300
Bed Management Solution Development.................... 3,900
National Utilization Management Integration Development 1,760
VPS Kiosk Development.................................. 1,799
------------
Total Access to Healthcare......................... 47,260
============
New Models of Care:
Patient Centered Medical Home Proposed Initiatives 2,200
Development...........................................
MyHealtheVet........................................... 2,410
Enterprise Web Applications............................ 4,350
TeleHealth............................................. 10,700
Program Management Office.............................. 1,100
VISTA Imaging--Telemedicine Development................ 5,034
Woman's Health Proposed Projects Development........... 1,900
------------
Total New Models of Care........................... 27,694
============

[[Page H9754]]

Homelessness:
Homelessness--At Risk Tracking......................... 2,470
Homelessness Registries................................ 2,250
Homelessness Case Management Development............... 150
------------
Total Homelessness IT Development.................. 4,870
============
Healthcare Efficiency:
PMO Support............................................ 2,000
------------
Total Healthcare Efficiency........................ 2,000
============
Mental Health:
Behavioral Health Lab Software Development............. 1,060
My Recovery Plan....................................... 2,130
Mental Health Systems Development...................... 4,121
------------
Total Mental Health IT Development................. 7,311
============
Other Development:
Chapter 33 Development................................. 52,000
Integrated Electronic Health Record Development........ 73,200
Health Management Platform Development................. 8,000
Revenue Improvements System Enhancements Development... 1,091
Compensation and Pension Records Interface Development. 1,091
Caregivers Development................................. 8,000
International Classification of Diseases--10 29,930
Development...........................................
Health Provider Systems Development.................... 4,000
VHA Research IT Support Development.................... 16,755
Human Capital Development.............................. 1,800
Innovations............................................ 14,024
Integrated Operating Model............................. 16,520
Strategic Capital Investment Planning Database 2,800
Development...........................................
VA Learning Management Systems Development............. 3,650
Enterprise IT Support Development...................... 2,930
Repositories Development............................... 3,273
Standards and Terminology Services..................... 1,091
Safety and Security Initiative......................... 21,163
Enrollment System Modernization........................ 3,323
Veterans Relationship Management Development........... 70,275
============
Total Other Development............................ 334,916
============
Total Development.......................................... 580,538
------------------------------------------------------------------------

As proposed in the Senate bill, the conferees intend this
table to serve as the Department's approved list of
development projects; any requested changes are subject to
reprogramming guidelines. The agreement does not include the
House proposed bill language requiring the VA to submit to
the Committees a reprogramming base letter by project within
30 days of enactment of this Act.
The conference agreement directs the Department to submit
an expenditure plan to the Committees within 30 days of
enactment of this Act as proposed by both the House and the
Senate. This plan should be in the same format as the table
above. The conferees also expect all future IT budget
displays provided to the Committees to use this format.
The conferees concur in the Senate report language
concerning metrics for evaluating the Veterans Benefits
Management System pilot.

OFFICE OF INSPECTOR GENERAL

The conference agreement appropriates $112,391,000 for the
Office of Inspector General as proposed by the Senate instead
of $109,391,000 as proposed by the House. Of the amount
provided, $6,000,000 is available for obligation until
September 30, 2013, as proposed by the House instead of
$6,600,000 as proposed by the Senate.

CONSTRUCTION, MAJOR PROJECTS

The conference agreement appropriates $589,604,000 for
Construction, Major Projects as proposed by both the House
and the Senate.
The agreement makes this funding available until expended,
as proposed by the Senate, rather than with a limitation of
five years as proposed by the House. The conferees are
concerned about the very large unobligated balances that have
built up in the major construction account and believe that
the account's ``no year'' funding framework must be changed.
In contrast, military construction funds provided in this
bill are made available on a five-year basis. The Department
of Defense (DOD) is able to manage these funds and construct
its buildings in a timely way. The conferees understand that
the VA will need to make process changes in planning,
budgeting, and execution to make the DOD five-year
obligation approach viable. The conferees direct the VA to
develop a plan to transition to five-year availability of
funds for both major and minor construction and deliver
the plan to the Committees within 180 days of enactment of
this Act. The plan should identify any legislative
language needed to make the plan workable. The conferees'
goal is to implement this plan when finalizing the fiscal
year 2013 budget in the fall of 2012.
The conference agreement funds the following items as
requested in the budget submission and as proposed by both
the House and Senate:

------------------------------------------------------------------------
Conference
Project agreement
------------------------------------------------------------------------
Veterans Health Admin (VHA):
New Orleans, LA new medical facility.................. $60,000,000
Denver, CO new medical facility....................... 42,000,000
San Juan, PR seismic corrections...................... 100,720,000
St. Louis, MO medical facility improvements........... 80,000,000
Palo Alto, CA polytrauma/ambulatory care.............. 75,900,000
Bay Pines, FL in-/outpatient improvements............. 43,970,000
Seattle, WA seismic deficiencies...................... 47,500,000
Reno, NV expansion of clinical services............... 21,380,000
W. Los Angeles, CA new tower/renovation............... 50,790,000
San Francisco, CA seismic deficiencies................ 22,480,000
Advance Planning Fund................................. 59,145,000
Asbestos.............................................. 40,000,000
Facility Security..................................... 8,000,000
CFM Staff............................................. 24,200,000
Judgment Fund......................................... 5,000,000
Total VHA........................................... 681,085,000
National Cemetery Admin (NCA):
National Memorial Cemetery of Pacific columbarium/ 23,700,000
administration.......................................
Advance Planning Fund................................. 4,500,000
NCA Land Acquisition Fund............................. 10,000,000
Total NCA........................................... 38,200,000
General Admin staff offices............................. 6,000,000
Available from existing projects........................ (135,681,000)
---------------
Major construction total................................ 589,604,000
------------------------------------------------------------------------

The conferees direct the VA to submit a master plan at the
time of the budget submission describing each major
construction project included in the budget. The plan should
include the projected time line for completion of each
component of each of the projects and the annual and total
cost of each project. The format of the DOD Form 1391 is a
good model for the VA to use to describe clearly and
completely the expected obligations for each project.
The conferees encourage the VA to examine its practices on
rehabilitation and re-use of national landmarks within the VA
infrastructure that are aging, outdated, or obsolete and
report to the Committees on any actions taken or planned to
be taken on these facilities.

CONSTRUCTION, MINOR PROJECTS

The conference agreement appropriates $482,386,000 for
Construction, Minor Projects, instead of $475,091,000 as
proposed by the House and $550,091,000 as proposed by the
Senate. The agreement makes this funding available until
expended, as proposed by the Senate, rather than with a
limitation of five years as proposed by the House. As
indicated in the narrative for Construction, Major Projects,
the VA is directed to develop a plan to transition to five-
year availability of funds for both major and minor
construction and deliver the plan to the Committees within
180 days of enactment of this Act.
As proposed by the Senate, the conferees direct the
Department to provide to the Committees an expenditure plan
for this account within 30 days of enactment of this Act. The
House did not propose a similar requirement.
The conferees expect the fiscal year 2013 budget submission
to include a separate list of all minor construction projects
proposed to be funded in fiscal year 2013 in priority order,
consistent with the integrated Strategic Capital Investment
Plan.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

The conference agreement appropriates $85,000,000 for
Grants for Construction of State Extended Care Facilities, as
proposed by both the House and the Senate.

GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

The conference agreement appropriates $46,000,000 for
Grants for Construction of Veterans Cemeteries, as proposed
by both the House and the Senate.

ADMINISTRATIVE PROVISIONS

(Including Transfers and Rescissions of Funds)

The conference agreement includes section 201 as proposed
by both the House and the Senate allowing for transfers among
three mandatory accounts.
The conference agreement includes section 202 as proposed
by both the House and the Senate allowing for the transfer of
funds among the three medical accounts.
The conference agreement includes section 203 as proposed
by both the House and the Senate allowing salaries and
expenses funds to be used for related authorized purposes.
The conference agreement includes section 204 as proposed
by both the House and the Senate restricting the use of funds
for the acquisition of land.
The conference agreement includes section 205 as proposed
by both the House and the Senate limiting the use of funds in
the Medical Services account only for entitled beneficiaries
unless reimbursement is made to the Department.
The conference agreement includes section 206 as proposed
by both the House and the Senate allowing for the use of
certain mandatory appropriations accounts for payment of
prior year accrued obligations for those accounts.
The conference agreement includes section 207 as proposed
by both the House and the Senate allowing the use of
appropriations available in this title to pay prior year
obligations.
The conference agreement includes section 208 as proposed
by both the House and the Senate allowing the Department to
use surplus earnings from the National Service Life Insurance
Fund, the Veterans' Special Life Insurance Fund, and the
United States Government Life Insurance Fund to administer
these programs.
The conference agreement includes section 209 as proposed
by both the House and the Senate allowing the Department to
cover the administrative expenses of enhanced-use leases
and provides authority to obligate these reimbursements in
the year in which the proceeds are received.
The conference agreement includes section 210 as proposed
by both the House and the Senate limiting the amount of
reimbursement the Office of Resolution Management and the
Office of Employment Discrimination Complaint Adjudication
can charge other offices of the Department for services
provided.
The conference agreement includes section 211 as proposed
by both the House and the Senate limiting the use of funds
for any lease with an estimated annual rental cost of more
than $1,000,000 unless approved by the Committees on
Appropriations of both Houses of Congress.

[[Page H9755]]

The conference agreement includes section 212 as proposed
by both the House and the Senate requiring the Department to
collect third-party payer information for persons treated for
a non-service connected disability.
The conference agreement includes section 213 as proposed
by both the House and the Senate allowing for the use of
enhanced-use leasing revenues for Construction, Major
Projects and Construction, Minor Projects.
The conference agreement includes section 214 as proposed
by both the House and the Senate allowing Medical Services
funds to be used for expenses related to the broader mission
of medical care to veterans.
The conference agreement includes section 215 as proposed
by both the House and the Senate allowing for funds deposited
into the Medical Care Collections Fund to be transferred to
the Medical Services account.
The conference agreement includes section 216 as proposed
by both the House and the Senate which allows Alaskan
veterans to use medical facilities of the Indian Health
Service or tribal organizations.
The conference agreement includes section 217 as proposed
by the Senate providing for the transfer of funds from the
Department of Veterans Affairs Capital Asset Fund to the
Construction, Major Projects and Construction, Minor Projects
accounts and makes those funds available until expended. The
House proposed that these funds be made available for five
years.
The conference agreement includes section 218 as proposed
by both the House and the Senate prohibiting the use of funds
for any policy prohibiting the use of outreach or marketing
to enroll new veterans.
The conference agreement includes section 219 as proposed
by both the House and the Senate requiring the Secretary to
submit quarterly reports on the financial status of the
Veterans Health Administration.
The conference agreement includes section 220 as proposed
by both the House and the Senate requiring the Department to
notify and receive approval from the Committees of any
proposed transfer of funding to or from the Information
Technology Systems account.
The conference agreement includes section 221 as proposed
by the Senate providing for transfer of funds among
development, modernization and enhancement projects or to
newly identified projects within the Information Technology
Systems account. The House proposed similar but more general
language.
The conference agreement includes section 222 as proposed
by the Senate prohibiting any funds to be used to contract
out any function performed by more than ten employees without
a fair competition process. The House did not propose a
similar provision.
The conference agreement includes section 223 as proposed
by both the House and the Senate limiting the obligation of
non-recurring maintenance funds during the last two months of
the fiscal year.
The conference agreement includes section 224 as proposed
by both the House and the Senate providing up to $241,666,000
for transfer to the joint DoD-VA Medical Facility
Demonstration Fund.
The conference agreement includes section 225 as proposed
by both the House and the Senate which authorizes transfers
from the Medical Care Collections Fund to the joint DoD-VA
Demonstration Fund.
The conference agreement includes section 226 as proposed
by both the House and the Senate which transfers at least
$15,000,000 from VA medical accounts to the DoD-VA health
care sharing incentive fund.
The conference agreement includes section 227 which is
similar to a provision proposed by both the House and the
Senate. It rescinds fiscal year 2012 medical account funding
and re-appropriates it to be available for two years. The
provision rescinds and re-appropriates $1,400,000,000 for
Medical Services, $100,000,000 for Medical Support and
Compliance, and $250,000,000 for Medical Facilities. The
House bill provided slightly different amounts.
The conference agreement includes section 228 as proposed
by the Senate requiring that the Department notify the
Committees of bid savings in major construction projects of
at least $5,000,000 or 5 percent within 14 days of a contract
identifying the programmed amount. The House bill proposed
similar language.
The conference agreement includes section 229 as proposed
by both the House and the Senate which prohibits the VA from
increasing the scope of work for a major construction project
above the scope specified in the original budget request.
The conference agreement includes section 230 which is
similar to a provision proposed by the House regarding VA
provision of information about controlled substance
prescriptions to State controlled substance monitoring
programs. The Senate bill did not contain a similar
provision.
The conference agreement does not include section 230 as
proposed by the Senate, requiring the Secretary, in
coordination with the Defense Advanced Research Projects
Agency (DARPA), to submit a report on the next generation of
advanced prosthetics. This issue is addressed under the
Medical and Prosthetic Research account.
The conference agreement includes section 231 requiring the
Secretary to report to the Committees each quarter about any
single national outreach and awareness marketing campaign
exceeding $2,000,000. The House bill contained similar
language. The Senate did not have a comparable provision.
The conference agreement includes, as VA administrative
provision section 232, a general provision proposed by the
House prohibiting the VA from using any funds to declare as
excess to the needs of the VA Federal land and improvements
to the St. Albans campus in New York. The Senate bill did not
include a similar provision.
The conference agreement includes, as VA administrative
provision section 233, a general provision proposed by the
House prohibiting the use of funds in the Act for any
contract using procedures that do not give to small business
concerns owned and controlled by veterans any preference with
respect to such contract, except for a preference given to
small business concerns owned and controlled by service-
disabled veterans. The Senate bill did not include a similar
provision.
The conference agreement includes section 234 extending the
authorization for the VA office in the Philippines through
December 31, 2012. Neither the House nor the Senate bill
contained a comparable provision.

TITLE III

RELATED AGENCIES

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $61,100,000 for Salaries
and Expenses of the American Battle Monuments Commission.

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

The conference agreement includes such sums as necessary,
estimated at $16,000,000, for the Foreign Currency
Fluctuations Account.

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

The conference agreement includes $30,770,000 for Salaries
and Expenses.

DEPARTMENT OF DEFENSE--CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

The conference agreement includes $45,800,000 for Salaries
and Expenses.
Information Technology.--The conferees recognize the
significant management and oversight improvements that have
been made at Arlington National Cemetery over the past year,
particularly efforts to improve the accuracy and reliability
of burial and headstone records. The conferees also realize
that the development of a robust information technology
system is essential to this effort. To ensure that
information technology development remains on track, the
Executive Director of the Cemetery is directed to provide a
report to Congress detailing the strategic plan and timetable
for completing the modernization of the Cemetery's
information technology system, including electronic burial
records. The report should also include a description of
improvements implemented to date, and identify any remaining
information technology and systems infrastructure
requirements. The report should be submitted to the following
Committees of both Houses of Congress no later than 90 days
after enactment of this Act: The Committees on
Appropriations, Armed Services, Veterans Affairs, and the
Senate Homeland Security and Governmental Affairs Committee.

ARMED FORCES RETIREMENT HOME

TRUST FUND

The conference agreement includes $67,700,000 for the Armed
Forces Retirement Home, to be derived from the Trust Fund.

GENERAL FUND PAYMENT ARMED FORCES RETIREMENT HOME

The conference agreement includes $14,630,000 for the Armed
Forces Retirement Home, to be derived from the General
Treasury. The amount provided is to facilitate repairs at the
Washington, DC, campus to correct damage sustained by an
earthquake on August 23, 2011.

ADMINISTRATIVE PROVISION

The conference agreement does not include a Senate
provision (Sec. 301) requiring a report on information
technology modernization for Arlington National Cemetery.
This issue is instead addressed elsewhere in this Statement
of Managers.

TITLE IV

OVERSEAS CONTINGENCY OPERATIONS

DEPARTMENT OF DEFENSE

The conference agreement includes a new title IV, Overseas
Contingency Operations. Title IV provides funding for certain
military construction projects in the Central Command and
Africa Command Areas of Responsibility that was requested in
title I, Military Construction, in the budget submission. The
conferees agree that the projects transferred to title IV are
necessary to support the global war on terrorism and should
be designated as overseas contingency operations functions.

MILITARY CONSTRUCTION, ARMY

The conference agreement appropriates $80,000,000 for
Military Construction, Army in this title instead of title I
of this Act as proposed by both the House and Senate.

[[Page H9756]]

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

The conference agreement appropriates an additional
$189,703,000 for Military Construction, Navy and Marine Corps
in this title instead of title I of this Act as proposed by
both the House and Senate.

ADMINISTRATIVE PROVISIONS

(INCLUDING RESCISSION OF FUNDS)

The conference agreement includes section 401 rescinding
unobligated balances from title IV, Division E of Public Law
111-117 in the specific amount of $269,703,000. The House and
Senate bill included no similar provision.

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[[Page H9758]]

TITLE V

GENERAL PROVISIONS

Section 501 prohibits the obligation of funds in the Act
beyond the current fiscal year unless expressly so provided.
Section 502 prohibits the use of the funds in this Act for
programs, projects or activities not in compliance with
Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
Section 503 requires pay raises to be absorbed within the
levels appropriated in the Act.
Section 504 prohibits the use of funds in the Act to
support or defeat legislation pending before Congress.
Section 505 encourages all Departments to expand their use
of ``E-Commerce''.
Section 506 specifies the Congressional Committees that are
to receive all reports and notifications.
Section 507 prohibits the transfer of funds to any
instrumentality of the United States Government without
authority from an appropriations Act.
Section 508 prohibits the use of funds for a project or
program named for a serving Member, Delegate, or Resident
Commissioner of the United States House of Representatives.
Section 509 requires all reports submitted to the Congress
to be posted on official websites of the submitting agency.
Section 510 prohibits the use of funds to establish or
maintain a computer network unless such network blocks the
viewing, downloading, and exchanging of pornography, except
for law enforcement investigation, prosecution, or
adjudication activities.
Section 511 prohibits the use of funds in this Act for the
renovation, expansion, or construction of any facility in the
continental United States for the purpose of housing any
individual who has been detained at the United States Naval
Station, Guantanamo Bay, Cuba.
Section 512 prohibits the use of funds for the payment of
first-class travel by an employee of the executive branch.
Section 513 prohibits the use of funds in this Act for any
contract where the contractor has not complied with E-Verify
requirements.
The conference agreement includes a modified House
provision, Section 514, which prohibits the use of funds in
this Act for any contract, memorandum of understanding, or
cooperative agreement with any corporation convicted of a
felony criminal violation within the preceding 24 months,
where the awarding agency is aware of the conviction.
The conference agreement includes House provision 416 as an
administrative provision under title II.
The conferees have not included a House provision, section
417 which prohibited funds for the enforcement of section 526
of the Energy Independence and Security Act of 2007. The
conferees note that the enforcement of section 526 of the
Energy Independence and Security Act of 2007 may lead to
higher fuel costs for federal fleets in the absence of
competitively priced new generation fuels that emit fewer
emissions. In carrying out this statute, the Secretary of
Defense and the Secretary of Veterans Affairs should work to
ensure that costs associated with fuel purchases necessary to
carry out the missions of their respective departments should
be minimized to the extent possible under the law.
The conference agreement includes House provision 418 as an
administrative provision under title II.
The conference agreement does not include House provision
419 which prohibited funds to be used in contravention of the
War Powers Resolution.

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

In implementing this conference agreement, the departments
and agencies shall comply with the Senate report (S. Rept.
112-85) accompanying S. 1601 as though stated in this joint
explanatory statement unless specifically directed to the
contrary. Matters addressed in the report of the House
Subcommittee on State, Foreign Operations, and Related
Programs (Full Committee Print, circulated on July 29, 2011)
are restated in this joint explanatory statement where the
conferees concur.

TITLE I

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $6,550,947,000 for
Diplomatic and Consular Programs (D&CP), of which up to
$1,355,000,000 is for Worldwide Security Protection. The
conference agreement provides an additional $4,389,064,000 in
title VIII under this heading, which is designated for
Overseas Contingency Operations/Global War on Terrorism (OCO/
GWOT) pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
Within the total provided under this heading, the
conference agreement includes:
$2,277,862,000 for Human Resources (of which $121,814,000
is for public diplomacy);
$2,109,293,000 for Overseas Programs (of which $347,572,000
is for public diplomacy);
$822,513,000 for Diplomatic Policy and Support; and
$1,341,279,000 for security programs.
The conference agreement does not include funding for the
185 new positions requested in fiscal year 2012. The
conference agreement assumes continuation of the pay freeze
in fiscal year 2012 for all Department of State employees,
including Foreign Service Officers.
The conference agreement includes language amending the
heading ``Civilian Stabilization Initiative'' included in
prior acts to ``Conflict Stabilization Operations'' (CSO) and
provides transfer authority of up to $35,000,000 of the funds
appropriated under this heading to funds made available under
the CSO heading. The conference agreement provides an
additional $8,500,000 in title VIII under the CSO heading,
which is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985. The
conferees remain concerned with CSO's limited activities,
specifically the minor role it has played in response to the
earthquake in Haiti and the revolution in Libya. The
conferees will further assess the performance of the CSO
during fiscal year 2012.
The conferees request the Secretary of State to be prepared
to report to the Committees on Appropriations in hearings on
the fiscal year 2013 budget on the use of the Secretary's
authority to determine whether an American citizen has
voluntarily renounced United States citizenship as a result
of engaging in activities with a Foreign Terrorist
Organization.
The conferees recognize that B-1 and B-2 visitor visa
applications in some countries, such as the People's Republic
of China (PRC) and Brazil, are significantly and rapidly
increasing. The number of visa applications increased 53
percent in Brazil and 64 percent in the PRC from fiscal year
2010 to fiscal year 2011, resulting in increased delays in
interviewing applicants and longer approval times. The
Department of State is taking steps to reduce the wait time
but more needs to be done. Section 7076 of this Act directs
the Secretary of State to take steps to reduce delays in
processing tourist visas in the PRC, Brazil, and India, and
to consider extending the expiration period for B-1 and B-2
visas for applicants before requiring a consular officer
interview. The conferees recognize that wait times for
interviews can fluctuate due to unforeseen circumstances,
including assisting United States citizens abroad during an
emergency, but expect the Department to continue to implement
steps to minimize wait times. The conferees expect the
Secretary of State to determine the appropriate extension
beyond the current one-year limit in a manner consistent with
security controls. The conference agreement also permits the
Secretary to conduct a pilot program for processing tourist
visas via secure remote videoconferencing technology if doing
so would not pose a security risk.
The conferees direct the Secretary of State to report to
the Committees on Appropriations, not later than 90 days
after enactment of this Act, on steps taken to reduce visa
processing wait times; the Department of State's 5-year
forecast of non-immigrant visas for each country; the number
of consular officers necessary to meet the Department's
standards; a comparison of the Department's forecast with the
Department of Commerce's 5-year visitor arrival projections;
and the impact of the different projections on visa
processing times and the required number of consular
officers.
The conferees direct the Secretary of State to provide to
the Committees on Appropriations, not later than 90 days
after the end of any videoconference pilot program, an
assessment of the efficacy, efficiency, and security of this
technology for conducting visa interviews.
The conferees endorse Senate report language regarding the
Coordinator for Cyber Issues, and recommend $1,000,000, in
addition to funds otherwise made available for such purposes,
for operations and programs under the Coordinator's
authority. The conferees recommend that the fiscal year 2013
congressional budget justification materials include a
request for program funds under the Coordinator's authority
in the accounts included in title III of this Act.
The conferees urge the Department of State to examine
alternative approaches to furnishing residences for Foreign
Service Officers posted overseas, including consideration of
options for substantially reducing costs and delivery times
and increasing available choices.
The conferees are concerned with the unnecessary idling of
parked motor vehicles that is wasteful and harms the
environment. The conferees direct that, not later than 90
days after enactment of this Act, the Secretary of State, in
consultation with the head of each United States Government
agency that uses funds appropriated by this Act to purchase
or lease motor vehicles, shall establish a policy to
eliminate the unnecessary idling of parked motor vehicles and
provide a copy of such policy to the Committees on
Appropriations. Such policy may include exceptions to
accommodate important security, health, or safety concerns,
and if necessary to perform an important job function, ensure
safe operating conditions, or to operate a motor vehicle in
accordance with manufacturer specifications.
The conferees support the Secretary of State's expanded
engagement with governments to improve the inter-country
adoption process, to finalize implementation agreements with
such governments, where appropriate, and to resolve
impediments to the completion of adoptions for waiting
families and children.
The conferees encourage the Secretary of State to continue
to support the United States-Colombia Action Plan on Racial
and Ethnic Equality and the United States-Brazil Joint Action
Plan on Racial and Ethnic Equality.
The conference agreement includes new language prohibiting
the use of funds under this heading for the preservation of
religious sites unless the Secretary of State determines and
reports to the Committees on Appropriations that: (1) the
site is historically, artistically, or culturally
significant; (2) the purpose of the project is neither to
advance nor to inhibit the free exercise of religion; and (3)
the project is in the national interest of the United States.
The conferees direct that a portion of the funds that have
been provided to the Bureau of International Organizations
Affairs and Office of International Conferences should be
used to support the Group of 8 (G-8) and NATO summits during
2012.
The conference agreement includes language requiring the
continuation of the pilot Partner Vetting System (PVS), and
requires that such pilot be implemented by September 30,
2012. The conferees direct that such PVS pilot continue to be
applied equally to the programs and activities of the
Department of State and USAID, as required by section 7034 of
Public Law 111-117.
The conferees direct the Secretary of State to provide to
the Committees on Appropriations, not later than 90 days
after enactment of this Act, the following information on the
Acquisitions Management program funded by the 1 percent
procurement fee: (1) the Working Capital Fund (WCF) including
carry-over balances, by line item, service center and
program, currently available for the Acquisitions Management
program; (2) the actual expenditures in fiscal year 2011 by
line item, service center and program; (3) the number of
staff, including employees and contractors funded by the 1
percent procurement fee; and (4) an evaluation of the
efficiencies and improvements gained through this program.
The Secretary is also directed to include: (1) the funds from
the 1 percent procurement fee in the WCF in the Department's
operating plans and quarterly unobligated balances report;
and (2) a WCF section in the Department's fiscal year 2013
congressional budget justification, providing information on
total budgetary resources for the Bureau of Administration
and any other office that receives WCF funds and a WCF table
by line item, service center and program that shall serve as
the control level for reprogramming and transfer purposes.
The conferees direct the Secretary of State to continue to
assist American victims of terrorism abroad regarding frozen
assets for compensation and other issues, including from the
bombings of United States facilities in Kenya and Tanzania
and terrorist acts sponsored by former Libyan leader Muammar
Qaddafi.
The conferees endorse Senate report language regarding
funding for the Bureau of Democracy, Human Rights and Labor
to monitor United States assistance to foreign security
forces pursuant to section 620M of the Foreign Assistance Act
of 1961, as amended by this Act.
The conferees direct the Secretary of State to continue the
reporting requirement detailed under this heading in the
joint statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) concerning agreements for
transfer and release of detainees at Naval Station,
Guantanamo Bay, Cuba.
Section 7078 of this Act requires the Secretary of State to
submit an operating plan for funds appropriated in title I.
The conferees expect the operating plan to integrate

[[Page H9769]]

the additional funds appropriated in title VIII for OCO/GWOT,
where appropriate, and the OCO/GWOT amounts should be
separately identified in the integrated plan.

CAPITAL INVESTMENT FUND

The conference agreement provides $59,380,000 for the
Capital Investment Fund. In addition, the conference
agreement permits the transfer of up to $6,000,000 from funds
appropriated under the heading Diplomatic and Consular
Programs to funds available under this heading.

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $61,904,000 for the
Office of Inspector General (OIG), and an additional
$67,182,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The conferees direct the Inspectors General of the
Department of State and the United States Agency for
International Development (USAID), the Special Inspector
General for Afghanistan Reconstruction (SIGAR), and the
Special Inspector General for Iraq Reconstruction (SIGIR) to
coordinate audit plans and activities to minimize unnecessary
duplication, ensure comprehensive oversight plans, and
maximize the effective use of resources. The conferees direct
the OIG to continue to plan for increased responsibilities
when SIGIR draws down its oversight operations.
Section 7078 of the conference agreement requires the
relevant department, agency, or organization to submit to the
Committees on Appropriations a spend plan for funds
appropriated in titles I and II of this Act. The conferees
expect each inspector general funded under this heading in
titles I and VIII to submit such plans within 30 days of
enactment of this Act.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The conference agreement provides $583,200,000 for
Educational and Cultural Exchange Programs, and an additional
$15,600,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
No funds are provided for the one-time competitive grants
program in fiscal year 2012.
Section 7078 of this Act includes a requirement that the
Secretary of State submit to the Committees on Appropriations
an operating plan for funds appropriated under this heading.
The conferees expect such plan will include the distribution
of unobligated balances and recoveries, as well as any
transfers to this account from other accounts. The operating
plan should integrate the funds appropriated under this
heading in title VIII of this Act for OCO/GWOT, and the OCO/
GWOT amounts should be separately identified in the
integrated plan.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Activity authority
------------------------------------------------------------------------
Academic Exchanges......................................... 324,582
Special Academic Exchanges (non-add)................... [38,670]
Professional and Cultural Exchanges........................ 193,964
Special Professional and Cultural Exchanges (non-add).. [7,881]
Program Evaluation......................................... 5,054
Exchanges Support.......................................... 59,600
------------
Total, Educational and Cultural Exchange Programs 583,200
\1\...............................................
------------------------------------------------------------------------
\1\ An additional $15,600,000 is included in title VIII under this
heading designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.

REPRESENTATION ALLOWANCES

The conference agreement provides $7,300,000 for
Representation Allowances.
The conferees direct the Secretary of State to provide a
semi-annual report to the Committees on Appropriations on the
allotment and expenditure of representation allowances.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

The conference agreement provides $27,000,000 for
Protection of Foreign Missions and Officials.
The conferees expect the Secretary of State to continue to
submit to the Committees on Appropriations a semi-annual
report on the number of claims for extraordinary protective
services that have been submitted by eligible jurisdictions
and certified as meeting the program requirements, and the
amount of unobligated funds available to pay such claims.
The conferees urge the Secretary of State to make
appropriate reimbursements to jurisdictions providing
security for visiting foreign officials and their delegations
attending the G-8 and NATO summits in the United States
during 2012.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The conference agreement provides $1,537,000,000 for
Embassy Security, Construction, and Maintenance, of which
$775,000,000 is for worldwide security upgrades and
$762,000,000 is for other construction, operations, and
maintenance. The conference agreement provides an additional
$33,000,000 in title VIII under this heading designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The conference agreement does not include funding for the
nine new positions requested for fiscal year 2012. The
conference agreement includes authorization for the
Maintenance Cost Sharing initiative to utilize funding from
the Capital Security Cost Sharing (CSCS) program for the
maintenance, repair, and rehabilitation of new facilities
with an inter-agency presence.
The conferees are concerned with the long-term
sustainability of the operating, maintenance, and utility
costs of new diplomatic and consular facilities and directs
the Secretary of State to impose a moratorium on beginning
any new Capital Security construction projects until the
Secretary provides the following information to the
Committees on Appropriations: (1) the additional annual costs
for operations and maintenance, including utilities and
salaries, and the number of additional facilities and
engineering staff that have been hired to operate the
diplomatic and consular facilities that have become
operational since the CSCS program began; (2) the estimated
additional costs for operations and maintenance, including
utilities and salaries, and the number of additional
facilities and engineering staff necessary to operate the
diplomatic and consular facilities that have been funded and/
or are being constructed; and (3) the plan for addressing the
$111,000,000 in deferred maintenance at existing diplomatic
and consular facilities reported in the Department's 2010
financial statements.
The conferees direct the Secretary of State to seek to
ensure that, where practicable, construction projects funded
by this Act are accessible to people with disabilities.
Section 7004(c) of this Act continues the requirement that
all agencies and departments fully meet their capital cost
share obligations under section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999, and directs
that such agency assessments be proportional to the
Department of State's capital security cost share
contribution. The conferees direct that funds appropriated in
prior acts not be used to augment the Department of State's
capital security cost share contribution for purposes of
determining the 2012 capital security cost share assessment
of other agencies.
Section 7004(f) of this Act includes a limitation on the
use of funds, other than funds from real property sales
located in London, United Kingdom, for site acquisition and
mitigation, planning, design or construction of the New
London Embassy and requires regular reporting on the
project's progress and cost.
Section 7078 of this Act requires the Secretary of State to
submit to the Committees on Appropriations an operating plan
for funds appropriated under this heading. Such plan should
include all resources available to the Department of State in
fiscal year 2012 for operations, maintenance, and
construction, and an accounting of the actual and anticipated
proceeds of sales for all projects in fiscal year 2011. The
operating plan should integrate the funds appropriated under
this heading in title VIII of this Act for OCO/GWOT, and the
OCO/GWOT amounts should be separately identified in the
integrated plan.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $9,300,000 for
Emergencies in the Diplomatic and Consular Service.

REPATRIATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $1,447,000 for the
Repatriation Loans Program Account, of which not more than
$710,000 is for administrative expenses.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

The conference agreement provides $21,108,000 for the
American Institute in Taiwan.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

The conference agreement provides $158,900,000 for the
Foreign Service Retirement and Disability Fund.

International Organizations

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The conference agreement provides $1,449,700,000 for
Contributions to International Organizations, and an
additional $101,300,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
The conferees direct the Secretary of State to report to
the Committees on Appropriations, not later than 90 days
after enactment of this Act, on the current status of the
United Nations Capital Master Plan, including its initial
scope and costs, any modifications made or planned, and the
total contributions made to date by each United Nations (UN)
member state.
The conferees direct the Secretary of State to conduct a
review of United States membership in each international
organization

[[Page H9770]]

supported by this account and prioritize the United States
participation in, and funding for, each organization in
accordance with United States policy goals. The review should
also include any recent reforms the organizations have taken
to increase transparency and accountability. The conferees
direct the Secretary to provide the results of the review not
later than 120 days after enactment of this Act.
The conferees direct the United States Mission to the
United Nations (USUN) and the Department of State to continue
to advocate for an independent Office of Internal Oversight
Services (OIOS) to improve internal controls, efficiency, and
effectiveness of the UN. The conferees expect the Department
and USUN to make the United Nations Transparency and
Accountability Initiative a priority, and to provide updates
in the congressional budget justification for fiscal year
2013 and on the Web site.
The conferees expect the Department of State to continue to
submit a report to the Committees on Appropriations on voting
practices in the UN.
Section 7078 of this Act requires the Secretary of State to
submit an operating plan for the funds made available under
this heading. The operating plan should include each
international organization funded, a notation of any exchange
rate fluctuations that occurred since such estimates were
calculated for the congressional budget justification for
fiscal year 2012, and a description of any Tax Equalization
Fund credits applied. In addition, the operating plan should
integrate the funds appropriated under this heading in title
VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts
should be separately identified in the integrated plan.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The conference agreement provides $1,828,182,000 for
Contributions for International Peacekeeping Activities.
The conferees expect the Department of State and USUN to
evaluate and prioritize peacekeeping missions, and consider
phase-out and withdrawal when mission goals have been
substantially achieved.
The conferees direct the Department of State to ensure that
OIOS conducts oversight of UN peacekeeping missions.
The conference agreement includes language in section 7078
requiring an operating plan for this account not later than
30 days after enactment of this Act. The conferees expect the
operating plan to include each peacekeeping mission funded
and a description of any credits applied.

International Commissions

International Boundary and Water Commission, United States and Mexico

Salaries and Expenses

The conference agreement provides $44,722,000 for salaries
and expenses of the International Boundary and Water
Commission, United States and Mexico (IBWC).

CONSTRUCTION

The conference agreement provides $31,453,000 for planning,
preparation, and construction.
Funds in this account are allocated according to the
following table and are subject to the provisions of section
7019 of this Act:

IBWC-Construction
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/activity authority
------------------------------------------------------------------------
Water Quantity Program..................................... 24,353
Rio Grande Flood Control System Rehabilitation (non- [9,700]
add)..................................................
Water Quality Program...................................... 1,400
Resource & Asset Management Program........................ 5,700
------------
Total, IBWC--Construction.......................... 31,453
------------------------------------------------------------------------

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The conference agreement provides $11,687,000 for American
Sections, International Commissions.

INTERNATIONAL FISHERIES COMMISSIONS

The conference agreement provides $36,300,000 for
International Fisheries Commissions.
The conference agreement includes funding for the
operational costs of the International Pacific Halibut
Commission, including current lease expenses, and the
conferees direct the Commission to fund these costs prior to
investing in new programs or expanding existing programs.
The conferees intend that funds made available under this
heading be allocated as detailed in the Senate report.

RELATED AGENCY

Broadcasting Board of Governors

INTERNATIONAL BROADCASTING OPERATIONS

The conference agreement provides $740,100,000 for
International Broadcasting Operations, and an additional
$4,400,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The conferees endorse Senate report language regarding the
denial of funding for Broadcasting Board of Governors (BBG)
program enhancements. The conferees do not support the
proposed recommendation to restructure broadcasting to the
PRC, and provide adequate funding to sustain fiscal year 2011
program levels for Voice of America (VOA) and Radio Free Asia
broadcasts to the PRC, including engineering costs. The
conferees also provide adequate funding to continue fiscal
year 2011 program levels for Radio Free Europe/Radio
Liberty's Radio Mashaal and VOA's Radio Deewa.
The conferees direct the BBG to notify the Committees on
Appropriations of any significant increases or decreases to
broadcast hours on each transmission platform (including
shortwave, medium wave, Internet, satellite, and television)
previously justified to Congress for all BBG language
services. The conferees do not intend that the BBG should
notify the Committees regarding minor or short-term broadcast
schedule changes with minimal funding implications or that
result from spring and fall time changes.
The conferees support continued funding for the BBG's
Internet circumvention program and direct the BBG to submit a
report to the Committees on Appropriations, prior to the
initial obligation of funds, detailing planned expenditures
of funds that are made available for activities to promote
Internet freedom. The conferees also direct the BBG, in
coordination with the Secretary of State, to submit to the
Committees on Appropriations, not later than September 30,
2012, a report describing efforts supported by the BBG,
Department of State and USAID to promote Internet freedom,
including an assessment of the results of such efforts and
safeguards against the use of circumvention technology for
illicit or illegal purposes. The conferees recommend that the
fiscal year 2013 congressional budget justification materials
include a request for funds for this program under this
heading.
Funds in this account are allocated according to the
following table and are subject to the provisions of section
7019 of this Act:

International Broadcasting Operations
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program authority
------------------------------------------------------------------------
Federal
BBG/IBB Operations..................................... 72,760
Voice of America....................................... 206,255
Broadcasting to Cuba................................... 28,475
Engineering and Technical Services..................... 189,300
Subtotal, Federal.................................. 496,790
Independent Grantee Organizations:
Radio Free Europe/Radio Liberty (RFE/RL)............... 94,870
Radio Free Asia........................................ 38,315
Middle East Broadcasting Networks...................... 110,125
------------
Subtotal, Grantees................................. 243,310
------------
Total, International Broadcasting Operations 740,100
\1\...........................................
------------------------------------------------------------------------
\1\ An additional $4,400,000 is included in title VIII under this
heading designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.

Section 7078 requires the BBG to submit an operating plan
for funds appropriated under this heading not later than 30
days after enactment of this Act. The conferees request that
such plan include the assessed amount for the BBG's capital
security cost share. In addition, the operating plan should
integrate the funds appropriated under this heading in title
VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts
should be separately identified in the integrated plan.

BROADCASTING CAPITAL IMPROVEMENTS

The conference agreement provides $7,030,000 for
Broadcasting Capital Improvements.

RELATED PROGRAMS

The Asia Foundation

The conference agreement provides $17,000,000 for The Asia
Foundation (TAF).
The conferees urge TAF to continue to seek donations from
private foundations and corporations, competitively bid
awards from governmental and multilateral development
agencies, and fee-based or reimbursable agreements as a means
of sustaining its activities, programs and offices in an
environment of fiscal constraint. The conferees request that
TAF include a summary table detailing total revenue and
support by category for fiscal year 2011 and projected for
fiscal year 2012 in the fiscal year 2013 congressional budget
justification.

United States Institute of Peace

The conference agreement provides $30,589,000 for the
United States Institute of Peace (USIP), and an additional
$8,411,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The conferees urge USIP to continue to seek competitively
bid awards from other Federal agencies and to fully implement
fee-based or reimbursable agreements, where appropriate, as a
means of sustaining its activities and programs in an
environment of fiscal constraint. The conferees request USIP
include in the fiscal year 2013 congressional budget
justification information on the amount of funds received in
fiscal year 2011 from other Federal agencies, and the amount
of revenue generated from fees and reimbursable agreements in
fiscal year 2011, and projected for fiscal years 2012 and
2013.

Center for Middle Eastern-Western Dialogue Trust Fund

The conference agreement provides $840,000 from interest
and earnings from the Center for Middle Eastern-Western
Dialogue Trust Fund.

[[Page H9771]]

Eisenhower Exchange Fellowship Program

The conference agreement provides $500,000 from interest
and earnings from the Eisenhower Exchange Fellowship Program
Trust Fund.

Israeli Arab Scholarship Program

The conference agreement provides $375,000 from interest
and earnings from the Israeli Arab Scholarship Endowment
Fund.

East-West Center

The conference agreement provides $16,700,000 for the East-
West Center.

National Endowment for Democracy

The conference agreement provides $117,764,000 for the
National Endowment for Democracy (NED).
The conference agreement directs that $100,000,000 shall be
allocated in the traditional and customary manner, as in
prior years, to include the core institutes.
The conference agreement requires the President of NED to
submit a report on the proposed uses of these funds on a
regional and country basis not later than 45 days after
enactment of this Act. The report should include programmatic
goals for each country and region, and how the planned use of
funds will meet such goals. The conferees direct NED to
consult with the Committees on Appropriations in advance of
any significant deviation from the plans outlined in such
report.

OTHER COMMISSIONS

Commission for the Preservation of America's Heritage Abroad

Salaries and Expenses

The conference agreement provides $634,000 for Commission
for the Preservation of America's Heritage Abroad.

United States Commission on International Religious Freedom

SALARIES AND EXPENSES

The conference agreement provides $3,000,000 for the United
States Commission on International Religious Freedom.
The conference agreement extends the Commission's
authorization for one year and adds language making
applicable to the Commission certain authorities and
limitations regarding employee rights, travel, and the
procurement of temporary services.
The conferees also direct the Commission to provide a
report to the Committees on Appropriations on actual fiscal
year 2012 obligations and expenditures by cost category not
later than October 31, 2012.

Commission on Security and Cooperation in Europe

SALARIES AND EXPENSES

The conference agreement provides $2,715,000 for the
Commission on Security and Cooperation in Europe.

Congressional-Executive Commission on the People's Republic of China

Salaries and Expenses

The conference agreement provides $1,996,000 for
Congressional-Executive Commission on the People's Republic
of China.

United States-China Economic and Security Review Commission

SALARIES AND EXPENSES

The conference agreement provides $3,493,000 for the United
States-China Economic and Security Review Commission.
Not later than 180 days after enactment of this Act, the
conferees direct the Commission to report to the Committees
on Appropriations on the use of non-military assistance by
the PRC (including loans, grants, and other funds not
recognized as assistance by the Organization for Economic
Cooperation and Development) to expand its strategic
influence and access to natural resources. The report should
be prepared on a region-by-region basis, include an analysis
of the use of state-owned enterprises by the Government of
the PRC (including those of the People's Liberation Army) to
further these objectives, and be publicly available on the
Commission's Web site.

TITLE II

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Funds Appropriated to the President

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $1,092,300,000 for USAID
Operating Expenses, and an additional $255,000,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985.
The conference agreement extends the period of availability
of funds under this heading from one to two years, and no
longer extends the authorities of section 7011 for funds made
available under this heading.
The conference agreement does not provide funding for
additional Development Leadership Initiative positions in
fiscal year 2012.
The conferees recognize the importance of USAID's
procurement reform efforts to enable USAID to become a more
accessible, transparent, effective, and efficient agency, and
the conference agreement includes several provisions intended
to support these efforts as well as to build the capacity of
local partners. The conference agreement includes section
7077 regarding authority for a local competition pilot
project, provides $22,000,000 for the Acquisition Workforce
Initiative and the Implementation and Procurement Reform
Initiative, and $3,000,000 for upgrades to the procurement IT
system. The conferees intend that these funds will be used
for USAID's procurement reform efforts in fiscal years 2012
and 2013. In addition, the conference agreement includes
adequate funds for fiscal year 2012 staffing and operations
costs for the Office of Acquisition and Assistance and for
operations and maintenance of the procurement IT system. The
conference agreement does not include a requested provision
authorizing a new USAID Working Capital Fund. The conferees
will revisit the justification for such a fund in fiscal year
2013. The conferees direct the USAID Administrator to provide
to the Committees on Appropriations not later than May 1,
2012, an assessment of the efficiencies and improvements
achieved as a result of USAID's procurement reform efforts.
The conferees direct the USAID Administrator to provide a
report on staff hired by USAID, not later than 60 days after
enactment of this Act, which details the number of people
employed by: employment category (direct hire, personal
service contractor, Participating Agency Service Agreement,
and similar categories); veteran status of direct hires;
headquarters office or overseas post; and the appropriation
account used to fund employees. The report shall also include
the specific legislative authorities used to hire the
employees as applicable, and if hired by another Federal
agency, the additional administrative expenses charged by
that agency. The conferees direct that this employment report
reflect data as of the end of fiscal year 2011.
As in past years, USAID is directed to notify the
Committees on Appropriations 15 days prior to any procurement
action that involves awarding a sole source contract in
excess of $15,000,000; awarding a non-competitive grant or
contract (other than sole source) in an amount greater than
$75,000,000; raising the ceiling on an existing Indefinite
Quantity Contract (IQC) by an amount greater than
$35,000,000; issuing a new IQC in excess of $75,000,000;
awarding an umbrella grant in excess of $25,000,000; or
raising the ceiling on an existing umbrella grant in excess
of $25,000,000. This requirement does not apply to assistance
in critical priority countries and assistance for
humanitarian response or post-conflict situations.
The conferees direct the USAID Administrator to include in
the fiscal year 2013 congressional budget justification an
estimate of savings resulting from closing missions by each
mission for fiscal years 2012, 2013, and 2014. The conferees
support USAID's plan to close three missions during fiscal
year 2012.
The conference agreement includes changes in section 7015
on notification requirements for certain reorganization
actions, and the conferees direct the USAID Administrator to
consult with the Committees on Appropriations prior to
initiating such actions. For the purposes of this
requirement, such reorganizations are limited to those
resulting in a significant shift in responsibility of the
operating unit or in staffing and funds. The conferees do not
expect to be consulted or notified for staffing
reorganizations resulting in little or no change in
responsibility of the operating unit, staffing or funds.
The conferees direct the USAID Administrator to submit a
report to the Committees on Appropriations, not later than
180 days after enactment of this Act, on the implementation
of its branding policy. The report should include an analysis
of the public diplomacy impact of the current branding policy
on a regional basis and the justification for the use of
waivers to the policy.
The conferees intend that funds appropriated under this
heading be made available to develop and implement training
for staff in overseas missions to promote the full inclusion
and equal participation of people with disabilities. The
conferees direct the USAID Administrator to seek to ensure
that, where practicable, construction projects funded by this
Act are accessible to people with disabilities and in
compliance with USAID Policy on Standards for Accessibility
for the Disabled, or other similar accessibility standards.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

USAID OPERATING EXPENSES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program authority
------------------------------------------------------------------------
Agency Reform Efforts................................... 344,762
Development Leadership Initiative (no new hires) [319,762]
(non-add)..........................................
Procurement Reform (non-add).................... [25,000]
Non-Frontline States Operations (including headquarters) 632,100
Overseas Space Expansion................................ 12,500
Central Support......................................... 191,064
Less other sources \1\.................................. -88,126
---------------
TOTAL, USAID Operating Expenses \2\................. 1,092,300
------------------------------------------------------------------------
\1\ Other sources include trust funds and reimbursements.
\2\ An additional $255,000,000 is included in title VIII under this
heading designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.

CAPITAL INVESTMENT FUND

The conference agreement provides $129,700,000 for the
Capital Investment Fund.
The conferees direct the USAID Administrator to consult
with the Committees on Appropriations, not later than 60 days
after enactment of this Act and prior to the initial
obligation of funds, on the proposed uses of these funds for
the Capital Security Cost Sharing Program.

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $46,500,000 for the
Office of Inspector General,

[[Page H9772]]

and an additional $4,500,000 in title VIII under this heading
is designated for OCO/GWOT pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985.
Funds appropriated under this heading are subject to the
terms of section 7078 of this Act.

TITLE III

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

GLOBAL HEALTH PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $8,167,860,000 for Global
Health Programs.
The conference agreement does not include language
restricting the use of USAID's Global Health Programs funds
for nonproject assistance. However, the conferees understand
that USAID does not intend to enter into additional funding
arrangements of this type, and agree with that position.
The Secretary of State and USAID Administrator are directed
to provide a government-wide funding summary of global health
programs for fiscal year 2012 to the Committees on
Appropriations, not later than 90 days after enactment of
this Act. The conferees expect the report to include a
description of the differentiation of goals, implementing
partners, and auditing standards for each Federal agency.
The conferees expect USAID to prioritize awarding funds
under this heading through a competitive bidding process.
The conferees direct the USAID Administrator and the United
States Global AIDS Coordinator to provide to the Committees
on Appropriations, not later than 60 days after enactment of
this Act, a report detailing steps taken to prevent the
misappropriation of drugs funded through bilateral and
multilateral funds.
The conferees direct USAID to develop and submit a new
multi-year strategy on health-related research and
development to the Committees on Appropriations.
The conferees direct that no funds under this heading may
be used for needle exchange programs in fiscal year 2012.
The conferees direct the United States Global AIDS
Coordinator to consult with the Committees on Appropriations,
not later than 45 days after enactment of this Act, on how
the Office of the Global AIDS Coordinator (OGAC) is expanding
efforts to support microbicide development and product
access.
The conferees direct the United States Global AIDS
Coordinator to consult with the Committees on Appropriations
regarding opportunities to further reduce treatment costs to
enable more individuals to have access to life-saving drugs.
The conferees direct the Secretary of State to provide a
report to the Committees on Appropriations, not later than
120 days after enactment of this Act, that contains the most
recent Global Fund audit information, commitment and
disbursement data, and a summary of the recipient and sub-
recipient expenditures as reported to the United States
Government, and to notify the Committees when this
information is posted on the Department's Web site.
The conferees urge OGAC to work with countries to increase
HIV testing, including the use of rapid tests, where
feasible.
The conferees recommend that USAID and OGAC continue to
support HIV-related media prevention programming.
The conferees recommend that OGAC and the USAID Bureau for
Global Health consider utilizing the Department of the
Treasury's technical advisors when programming funds for
procurement and oversight capacity building in recipient
countries.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/activity authority
------------------------------------------------------------------------
Maternal and Child Health............................... 605,550
Polio (non-add)..................................... [35,000]
The GAVI Alliance (non-add)......................... [100,000]
Micronutrients (non-add)............................ [30,000]
[of which, Vitamin A] (non-add)..................... [20,000]
[of which, Iodine Deficiency Disorder] (non-add).... [2,000]
Nutrition (USAID)....................................... 95,000
Vulnerable Children (USAID)............................. 17,500
Blind Children (non-add)............................ [2,500]
HIV/AIDS (USAID)........................................ 350,000
Microbicides (non-add).............................. [45,000]
HIV/AIDS (Department of State).......................... 5,542,860
Global Fund to Fight HIV/AIDS, Malaria and [1,050,000]
Tuberculosis (non-add).............................
UNAIDS (non-add).................................... [45,000]
Family Planning/Reproductive Health (USAID)............. 523,950
Other Infectious Diseases (USAID)....................... 1,033,000
Pandemic Preparedness (non-add)..................... [58,000]
Malaria (non-add)................................... [650,000]
Tuberculosis (non-add).............................. [236,000]
[of which, Global TB Drug Facility] (non-add)....... [15,000]
Neglected Tropical Diseases (non-add)............... [89,000]
---------------
Total, Global Health Programs................... 8,167,860
------------------------------------------------------------------------

DEVELOPMENT ASSISTANCE

The conference agreement provides $2,519,950,000 for
Development Assistance (DA).

PROGRAMS

The conferees expect USAID to allocate funds provided for
the American Schools and Hospitals Abroad program through an
open and competitive process, in accordance with all
applicable rules and regulations.
The conference agreement moves the position of Basic
Education Coordinator from the Department of State to USAID.
The conferees direct USAID to integrate schools and
educational programs, as appropriate, within health and
development programs to continue to implement the
``Communities of Learning'' model. The USAID Administrator is
directed to consult with the Committees on Appropriations on
a regular basis on these efforts.
The conferees authorize a contribution to be made to the
Global Partnership for Education (the Partnership), formerly
known as the Education for All Fast Track Initiative, with
funds appropriated in this Act for basic education. The
conferees expect USAID to maintain its leadership role on the
Partnership's Executive Board and provide assistance with
monitoring and evaluation efforts.
The conferees endorse Senate report language regarding
$15,000,000 for partnerships between United States and
African institutions of higher education.
The conferees expect USAID to consider the prevalence of
child marriage when developing country operational plans and
increase programmatic focus on this issue where appropriate.
The conferees direct the USAID Administrator to submit a
report to the Committees on Appropriations, not later than
120 days after the date of enactment of this Act, on
implementation of the Development Innovation Ventures (DIV)
program. The report should include an overview of projects
funded by DIV and their outcomes as they relate to the goals
and objectives of the program, including successes related to
efficiencies and cost-effectiveness. The conferees support
USAID's efforts to leverage other Federal agencies'
investments in similar areas and avoid duplication.
Funds made available for food security and agriculture
development are subject to the terms of section 7078 of this
Act. The required spend plan should also specify the amount
and purpose of any funds to be transferred to other agencies.
Funds provided for environment programs funded through
USAID, the Department of State, and the Department of the
Treasury should be made available to help developing
countries reduce greenhouse gas emissions; develop renewable
energy and increase end-use energy efficiency; adapt to
rising temperatures, water and food scarcity, and rising sea
levels; protect tropical forests, wildlife, and other
biodiversity; and implement policies for the transparent and
sustainable use of natural resources. The conferees endorse
language in the Senate report directing that $200,000,000 be
made available for biodiversity conservation programs,
including $2,000,000 to implement and enforce the Lacey Act
(section 8204 of Public Law 110-246), $10,000,000 for
biodiversity programs in the Brazilian Amazon and $20,000,000
for such programs in the Andean Amazon. The conferees endorse
language in the Senate report on funding for the Congo Basin
Forest Partnership, and direct that not less than $9,000,000
of such funds be directly apportioned to the United States
Fish and Wildlife Service (USFWS) for programs in Central
Africa. The conferees endorse language in the Senate report
directing that $1,000,000 be directly apportioned to the
Department of the Interior for biodiversity and
archaeological conservation activities in Guatemala's Mayan
Biosphere Reserve, to include governance and law enforcement.
The conferees recommend funding for other international
conservation programs administered by the USFWS, United
States Forest Service, the National Park Service, and the
National Oceanic and Atmospheric Administration. The
conferees continue to support funding to protect great apes
in Indonesia and Africa and wildlife in South Sudan and
Niger.
The conferees direct the Secretary of the Treasury to
submit a report to the Committees on Appropriations
describing, for each international financial institution, the
amount and type of assistance provided, by country, for the
extraction and export of natural resources in the preceding
12 months, and whether each institution considered, in
providing such assistance, the extent to which the country
has functioning systems, laws, and regulations in place to
prevent or limit the public disclosure of company payments as
required by section 1504 of Public Law 111-203.
The conferees endorse funding and purposes included in the
Senate report for the Leahy War Victims Fund.
The conferees direct the USAID Administrator to target 50
percent of funding for microenterprise and microfinance to
the very poor, as required by section 252(c) of the Foreign
Assistance Act of 1961. The conferees direct USAID to
continue to increase these programs in sub-Saharan Africa.
The conferees note the importance of land tenure in
economic development, and expect USAID to build upon the
programmatic experience of the Millennium Challenge
Corporation to improve the implementation of such activities.
The conferees expect USAID to seek to ensure that
assistance does not compete with emerging small businesses,
entrepreneurs, and local economies in recipient countries,
and instead works to strengthen them.
The conferees direct the Secretary of State, in
consultation with the Ambassador-at-Large of the Office for
Global Women's Issues, other relevant United States
Government agencies, and international and nongovernmental
organizations, to identify and take emergency measures to
respond to violence against women and girls in situations of
armed conflict and direct the Secretary of State to consult
with the Committees on Appropriations, as necessary.
The conferees endorse funding included in the Senate report
for victims of torture.

[[Page H9773]]

COUNTRIES

Ecuador.--The conferees endorse language in the Senate
report on health and environment programs in Ecuador.
Ethiopia.--The conferees remain concerned with the
Government of Ethiopia's increasing restrictions on the media
and expect the Department of State and USAID to support
programs that promote freedom of expression and association
in Ethiopia.
Guatemala.--The conferees support programs to address
gender-based violence.
Indonesia.--The conferees recommend that $70,000,000 of
funds provided under this heading be made available for
assistance for Indonesia, of which not less than $400,000
should be made available for grants for capacity building of
Indonesian human rights organizations, including in Papua.
Morocco.--The conferees note that funds provided in title
III of this Act for Morocco may be used in regions and
territories administered by Morocco. The conferees remain
concerned with resolving the dispute over the Western Sahara
and urge the Department of State to prioritize a negotiated
settlement.
Nepal.--The conferees endorse the Senate report
recommending that $7,000,000 under this heading be made
available for assistance for Nepal.
People's Republic of China.--The conference agreement does
not include funds for programs in the PRC under this heading.
Philippines.--The conferees recommend that $35,000,000 be
made available for assistance for the Philippines under this
heading.
Senegal.--The conferees recommend that not less than
$50,000,000 should be made available for assistance for
Senegal under this heading. However, the conferees are
concerned that Hissene Habre has not been extradited for
prosecution for crimes against humanity, and direct the
Secretary of State to submit a report to the Committees on
Appropriations, not later than 45 days after enactment of
this Act, on steps taken by the Government of Senegal to
assist in bringing Habre to justice.
Vietnam.--The conferees recommend not less than $5,000,000
under this heading be made available for health/disability
activities in areas in Vietnam that were targeted with Agent
Orange or remain contaminated with dioxin. The conferees
endorse Senate report language on consultation and the
development of a multi-year plan.

INTERNATIONAL DISASTER ASSISTANCE

The conference agreement provides $825,000,000 for
International Disaster Assistance, and an additional
$150,000,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The conferees direct the USAID Administrator to consult
with the Committees on Appropriations on efforts to
facilitate communication and collaboration with the private
sector, non-profit organizations, and other entities seeking
to assist during an international disaster.
The USAID Administrator is also directed to consult with
the Committees on Appropriations, not later than 90 days
after enactment of this Act, on the format and content of
international disaster assistance reports that are made
available to Congress and the public.

TRANSITION INITIATIVES

The conference agreement provides $50,141,000 for
Transition Initiatives, and an additional $6,554,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985.
The conferees direct USAID's Office of Transition
Initiatives (OTI) to submit a report to the Committees on
Appropriations at the end of the fiscal year summarizing new,
ongoing, and completed country programs implemented by OTI in
fiscal year 2012. Prior to submission, OTI should consult
with the Committees on Appropriations regarding the format
and content of the report.

COMPLEX CRISES FUND

The conference agreement provides $10,000,000 for Complex
Crises Fund, and an additional $30,000,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides a ceiling of $40,000,000
for funds that may be transferred from other programs in this
title to the Development Credit Program and provides
$8,300,000 for administrative expenses.

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $3,001,745,000 for
Economic Support Fund (ESF), and an additional $2,761,462,000
in title VIII under this heading is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
Section 7078 of this Act requires submission of a spend
plan for certain countries and programs not later than 30
days after enactment of this Act. The conferees request that
these spend plans integrate the funds appropriated under this
heading and in title VIII of this Act for OCO/GWOT where
appropriate, and the OCO/GWOT amounts should be separately
identified in the integrated plan.
Afghanistan.--The conferees remain concerned with the
capacity of the Government of Afghanistan to effectively
oversee increased levels of direct government-to-government
assistance.
The conferees direct the USAID Administrator to regularly
update the Committees on Appropriations on the Accountable
Assistance for Afghanistan Initiative.
The conferees expect the Department of State to resolve
disagreements regarding the tax-exempt status for United
States-based contractors and subcontractors that implement
United States Government assistance programs in Afghanistan
and direct the Secretary of State to report to the Committees
on Appropriations on steps being taken to address tax-exempt
status in new and existing contracts and agreements.
The conference agreement provides $10,000,000 for the
Afghan Civilian Assistance Program if problems identified by
the USAID Inspector General are addressed and not less than
$5,000,000 for the Office of Global Women's Issues small
grant program as described in the Senate report.
Africa.--The conferees support the budget request for
Liberia and South Sudan.
Burma.--The conferees endorse Senate report language on the
United States Special Envoy and Policy Coordinator for Burma
and request that the Special Envoy consult regularly with the
Committees on Appropriations on developments in, and
assistance for, Burma.
Central American Regional Security Initiative (CARSI)/
Caribbean Basin Security Initiative (CBSI).--The conferees
support the budget request for CARSI and CBSI.
Colombia.--The conference agreement provides not less than
$179,000,000 under this heading to be apportioned directly to
USAID for continued support of new and ongoing alternative
development/institution building in Colombia, of which not
less than $7,000,000 shall be transferred to the Migration
and Refugee Assistance account to address the needs of
Colombian refugees in neighboring countries, and not less
than $15,000,000 is provided for assistance for Afro-
Colombian and indigenous groups including for renewable
energy activities in isolated communities. The conferees
support assistance for flood relief and recovery including
for small farmers, and recommend that not less than
$3,000,000 be made available for continued support for
biodiversity conservation programs and $500,000 for
community-based programs to address the needs of children
disabled by landmines and other causes related to the armed
conflict.
Cuba.--The conferees support the budget request for Cuba.
Cyprus.--The conferees recommend $3,500,000 for Cyprus and
endorse the purposes and intent of the funding included in
the Senate report.
Egypt.--The conference agreement includes conditions on
assistance and authority regarding assistance for Egypt in
section 7041 of this Act, which are further discussed under
title VII of this joint explanatory statement.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations, not later than 60
days after enactment of this Act, outlining steps that the
Government of Egypt is taking to protect religious
minorities, including Coptic Christians, prevent sectarian
and gender-based violence, and hold accountable those who
commit such acts.
Funds made available for Egypt are subject to the terms of
section 7078 of this Act. The required spend plan shall also
include the proposed uses of unobligated/available funds
appropriated in prior years.
El Salvador.--The conferees are aware of the devastating
flooding in El Salvador during 2011 that caused extensive
damage and recognize that El Salvador is extremely vulnerable
to recurrent natural disasters. The conferees expect that
additional assistance be provided under this heading and
under the International Disaster Assistance heading for flood
relief, reconstruction, and relocation of at-risk
populations, including support for small farmers, and to
enhance El Salvador's capabilities to prevent and respond to
future disasters.
Haiti.--The conferees support the budget request for Haiti
and direct that assistance for Haiti provided under this
heading in this Act and prior appropriations acts be made
available, to the maximum extent practicable, in a manner
that emphasizes the participation of Haitian civil society
organizations and directly improves the security, economic
and social well-being, and political status of Haitian women
and girls.
Iraq.--The conference agreement includes conditions on
assistance for Iraq in section 7041(d) of this Act, which are
similar to prior years. As the Government of Iraq's oil
revenues continue to increase, the conferees expect Iraq to
assume the full cost for development and security programs in
Iraq currently funded by the Department of State and USAID.
The conferees recommend $10,000,000 for stabilization
programs in Iraq, for which the policy justification and
decisions shall be the responsibility of the Chief of
Mission. Such funds shall not be used for cultural programs
or for costs usually associated with Department of State
operations.
Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing: (1) the specific manner in which
the Government of Iraq has committed to contributing to, and
sustaining, security-related programs funded by this Act; (2)
the estimated timeframe under which Iraq will assume full
responsibility for

[[Page H9774]]

funding such security-related programs; (3) the operation and
maintenance costs of aircraft utilized in Iraq in support of
security-related programs; and (4) estimates for the overhead
costs associated with security sector programs in fiscal year
2012 and subsequent fiscal years. The report may be submitted
in classified form, if necessary.
The conferees expect the Department of State and USAID to
continue efforts to encourage the incorporation of women in
stabilizing and developing Iraq, including within government
institutions.
The conferees endorse language in the Senate report on
ethno-religious minorities in Iraq.
Jordan.--The conferees intend that assistance for Jordan
provided under this heading will be used for programs to
reduce poverty and create jobs, strengthen democracy, and
protect human rights, in addition to activities described in
the justification materials submitted to Congress.
Lebanon.--The conferees recommend $500,000 for continued
support for the United States Forest Service's forest and
biodiversity conservation programs in Lebanon.
Mexico.--The conferees support the budget request under
this heading and under the Development Assistance heading for
USAID programs in Mexico and direct the USAID Administrator
to submit a report, not later than 90 days after enactment of
this Act, on how these programs address the root causes of
violence and instability.
Middle East Partnership Initiative (MEPI).--The conferees
provide $70,000,000 for MEPI and recommend that not less than
$10,000,000 of such funds be made available to continue
scholarships for students in countries with significant
Muslim populations at not-for-profit education institutions,
in a manner consistent with prior fiscal years, including the
awarding of funds through an open and competitive process.
The conferees endorse the reporting requirement under this
subheading in the Senate report.
The conferees support efforts to promote peace and
stability in the Middle East, including through activities
that seek to mitigate extremist incitement and propaganda
efforts, in order to further United States counterterrorism
efforts.
The conferees also encourage the use of Internet-based
activities to further peace and reconciliation online.
Middle East Regional Cooperation Program (MERC).--The
conferees recommend $5,000,000 for MERC.
Middle East/North Africa Response Fund (Response Fund).--
The conference agreement includes $50,000,000 for the
Response Fund to provide the Department of State and USAID
with the necessary flexibility to respond quickly to
political crises in the Middle East and North Africa. The
Secretary of State and USAID Administrator are directed to
consult with the Committees on Appropriations on the uses of
such funds and submit a spending plan for all funds provided
in this Act and prior appropriations acts for these purposes.
Near East Regional Democracy (NERD).--The conferees support
the budget request for NERD.
Pakistan.--Funds provided under Chief of Mission authority
in Pakistan shall not be used for cultural programs or for
costs usually associated with Department of State operations.
People's Republic of China.--The conferees recommend
$12,000,000 under this heading for United States institutions
of higher education and nongovernmental organizations for
democracy, governance, rule of law, and environment programs
in the PRC. These programs should support training for
citizens, lawyers, and businesses on key issues including
criminal justice, occupational safety, and environmental
protection. No funds are for the Government of China and
programs should be awarded on a competitive basis.
The conferees endorse the requirement in the Senate report
for an assessment of the PRC's long term strategic intentions
in the region.
Reconciliation Programs.--The conferees recommend
$10,000,000 for ``New Generation in the Middle East''
initiative to build understanding, tolerance, and mutual
respect among young Israelis and Palestinians of diverse
economic and social backgrounds who have leadership
potential. The conferees intend such programs and activities
to be conducted in the region, and direct the Secretary of
State and the USAID Administrator to consult with the
Committees on Appropriations on the development and
implementation of this initiative.
Syria.--The conference agreement includes a provision
relating to democracy and human rights programs in Syria. The
conferees direct that a portion of the funds be programmed in
consultation with other governments in the region,
specifically Turkey and other key allies in the Middle East,
as appropriate.
Tibet.--The conferees endorse the funding and purposes
included in the Senate report for Tibet.
Timor-Leste.--The conferees recommend not less than
$1,000,000 for higher education scholarships in Timor-Leste.
Tunisia.--The conferees recommend $5,000,000 for democracy
and governance programs and for programs to protect human
rights in Tunisia. The conference agreement also authorizes
funding for the cost of loan guarantees.
Uganda.--The conference agreement includes section 7043(h)
regarding areas affected by the Lord's Resistance Army (LRA).
The conferees support the goals of the Lord's Resistance Army
Disarmament and Northern Uganda Recovery Act (Public Law 111-
172) to help end the atrocities committed by the LRA, protect
innocent civilians, and stabilize the affected region. The
conferees direct that up to $10,000,000 be made available for
peace and security in the affected region to address these
issues, including programs to improve physical access,
telecommunications infrastructure and early-warning
mechanisms and to support the disarmament, demobilization,
and reintegration of former LRA combatants, especially child
soldiers.
Vietnam.--The conferees recommend not less than $15,000,000
for environmental remediation of dioxin contamination at the
Da Nang and Bien Hoa airports and other severely contaminated
sites.
West Bank and Gaza.--The conference agreement continues
restrictions in current law on assistance for the West Bank
and Gaza, and includes new limitations.
The conferees endorse Senate report language regarding a
Government Accountability Office assessment of the United
Nations Relief and Works Agency in the West Bank.

GLOBAL PROGRAMS

The conferees recognize the utility of humanitarian cash
disbursements to individuals in certain limited dire
circumstances, but expect that any such assistance provided
through the government of the recipient country will comply
with the determination, consultation, and notification
requirements in section 7031 of this Act relating to direct
government-to-government assistance.
The conferees endorse language in the Senate report on
classification societies, except that the foreign governments
noted shall include those of the Islamic Republic of Iran,
the Democratic People's Republic of North Korea, the Republic
of the Sudan, and Syria.
The conferees recommend $3,000,000 to implement the
Kimberly Process Certification Scheme, but are concerned with
reports that the Kimberley Process is failing to prevent
conflict diamonds from entering the legitimate global diamond
trade. The conferees direct the Department of State to assess
whether the Kimberley Process can achieve its goals, and
whether alternative mechanisms are needed to prevent conflict
diamonds from entering legitimate supply chains.
The conferees recommend $5,000,000 under this heading for
activities to counter violent extremism included in the
budget request under Nonproliferation, Anti-terrorism,
Demining, and Related Programs.
The conference agreement provides the budget request for
counterterrorism programs in Africa. The conferees direct
that an additional $10,000,000 be made available for
counterterrorism programs in East Africa to be managed by
USAID.
The conferees endorse language in the Senate report
recommending $5,000,000 for disability programs.
The conferees support continued funding for the Department
of State's Internet freedom program and direct the Secretary
of State to submit to the Committees on Appropriations prior
to the initial obligation of funds, a report detailing
planned expenditures of the funds made available to promote
Internet freedom. The conferees also direct the Secretary, in
coordination with the USAID Administrator, to submit to the
Committees, not later than September 30, 2012, a report
listing programs supported by the Department of State and
USAID to promote Internet freedom, including an assessment of
the results of these programs and safeguards against the use
of circumvention technology for illicit or illegal purposes,
and detailing how such programs support and are coordinated
with cyber diplomacy and the United States International
Strategy for Cyberspace. The conferees recommend that the
fiscal year 2013 congressional budget justification materials
include a request for funds for this program under this
heading.
The conferees recommend $5,000,000 for the Extractive
Industries Transparency Initiative.
The conferees endorse language in the Senate report on
forensic anthropology in countries of Central and South
America.
The conferees recommend $1,900,000 for the House Democracy
Partnership.
The conferees recommend $4,500,000 under this heading for
polio eradication activities in Afghanistan and Pakistan.
The conferees recommend that not less than $36,000,000
under the Economic Support Fund, International Narcotics
Control and Law Enforcement, Assistance for Europe, Eurasia
and Central Asia, and Development Assistance headings should
be used for activities to combat trafficking in persons
internationally, including to protect and rehabilitate
victims, prosecute perpetrators, and support research
initiatives. Additional funds are provided under Diplomatic
and Consular Programs.
The conferees endorse language included in the Senate
report on assistance for wheelchair programs.

DEMOCRACY FUND

The conference agreement provides $114,770,000 for
Democracy Fund.
The conferees recognize that dissidents and defectors often
possess unique information about the political and economic
situation inside a country, particularly in closed societies.
The conferees therefore direct the Secretary of State, in
consultation with the

[[Page H9775]]

heads of other relevant United States agencies, to consider
ways to better disseminate this information, including to
human rights groups and civil society.

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

The conference agreement provides $626,718,000 for
Assistance for Europe, Eurasia and Central Asia.
The conferees support the budget request for fiscal year
2012 for countries funded under this heading and note that
any deviation from these amounts is subject to the regular
notification procedures of the Committees on Appropriations.
The conferees endorse language in the Senate report
concerning assistance for the North Caucasus in the amount
and for purposes similar to prior fiscal years.
The conferees recommend assistance for victims of the
Nagorno-Karabakh conflict at levels consistent with prior
years, and for ongoing needs related to the conflict. The
conferees urge a peaceful resolution of the conflict.
The conferees direct the Secretary of the Treasury to keep
the Committees on Appropriations informed on its efforts to
address: export quotas, allocation of grain licenses, and VAT
tax refunds with the Government of Ukraine, and repression of
fundamental rights in Ukraine, including due process of law
and freedoms of expression and association.
The conferees endorse language and funding amounts in the
Senate report for wildlife conservation programs in Russia
and forest management programs in Ukraine.
The conferees support programs to address the fight against
tuberculosis and HIV/AIDS in Ukraine and Georgia.

Department of State

MIGRATION AND REFUGEE ASSISTANCE

The conference agreement provides $1,639,100,000 for
Migration and Refugee Assistance, and an additional
$229,000,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The conferees remain concerned with the plight of refugees
from Burma residing in Thailand and India, and recommend
sufficient funding to address their needs. The conferees
direct the Secretary of State to continue to make the welfare
of such refugees a priority, including in bilateral and
multilateral discussions with other donors and governments.
The conferees endorse directives in the Senate report
concerning Iraqi and Pakistani refugees and internally
displaced persons (IDPs), and the use of assistance for
Pakistani IDPs identified in the Internally Displaced Persons
Vulnerability Assessment and Profiling mechanism.
The conferees encourage the Secretary of State to sustain
and enhance efforts for increasing resettlement opportunities
for Eritrean refugees, and continue to coordinate with the
international community to develop and implement a strategy
to protect and assist displaced Somalis. Additionally, the
conferees encourage the Secretary to build on the Department
of State's report on repatriation and reintegration of
unaccompanied children by exploring initiatives and
partnerships with United States nongovernmental organizations
for the safe return and reintegration of such children.
The conferees endorse the funding recommendation in the
Senate report regarding Tibetan refugees in India and Nepal
and urge the Secretary of State to work with the Government
of Nepal to ensure the safe transit of Tibetan refugees and
provide legal protections to Tibetans residing in Nepal.
The conferees note that United Nations Relief and Works
Agency (UNRWA) schools serve as an alternative to Hamas-run
schools in Gaza, and that UNRWA has included supplemental
human rights and non-violent conflict resolution training in
their curriculum. The conferees urge the Secretary of State
to work with UNRWA to explore steps to further the
elimination of inflammatory and inaccurate information in
host country textbooks used in UNRWA schools. Additionally,
section 7049(d) continues the accountability report included
in prior appropriations acts for the Department of State,
foreign operations and related programs.

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

The conference agreement provides $27,200,000 for the
United States Emergency Refugee and Migration Assistance
Fund.

Independent Agencies

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $375,000,000 for the
Peace Corps.
The conferees note the recent enactment of the Kate Puzey
Peace Corps Volunteer Protection Act of 2011 (Public Law 112-
57) containing various reporting requirements addressing the
safety and security of volunteers, including the prevention
of, and response to, sexual assault.
The conferees direct that opinions and recommendations from
Peace Corps volunteers should be solicited through regular
surveys on a confidential basis, and that information that
would otherwise be obtainable under the Freedom of
Information Act that is of general interest to the public
concerning the Peace Corps is made publicly available in a
timely manner on the Peace Corps Web site.
Funds appropriated under this heading are subject to the
terms of section 7078 of this Act.

MILLENNIUM CHALLENGE CORPORATION

The conference agreement provides $898,200,000 for
Millennium Challenge Corporation (MCC).
The conferees direct the Chief Executive Officer (CEO) of
the MCC to submit a report to the Committees of
Appropriations, not later than 90 days after enactment of
this Act, that includes an assessment of the current
practices, procedures, and recommendations for improvements
in the MCC's ability to identify and track patterns of
corruption; the MCC's process for determining the actions
necessary to inhibit corruption; and the process to determine
if the level of corruption warrants termination or suspension
of the MCC compact.
The conferees reaffirm the MCC's mandate to increase
economic growth and reduce poverty, and direct the CEO of the
MCC to consult with the Committees on Appropriations, prior
to submission of congressional notifications, for new
compacts regarding the corresponding economic rate of return
estimated for each compact component funded.
The conferees recognize that the MCC amended its
procurement guidelines on September 28, 2010, to bar
government-owned enterprises from competing for MCC
procurement contracts. The conferees direct the CEO of the
MCC to consult with the Committees on Appropriations on a
case-by-case basis if this policy is waived.
The conferees direct the MCC CEO to submit an annual report
to the Committees on Appropriations, not later than 120 days
after enactment of this Act, on all MCC-funded investment
funds, that includes the following information for each
investment fund in operation: the identity, selection
process, and professional background of current and past
managers; the fees and compensation currently provided to
senior management; the level of MCC financing provided at the
end of the previous fiscal year; a comprehensive and detailed
description of the fund's operations, activities, financial
condition, and accomplishments for the preceding fiscal year;
and the audit plan for each fund.
Funds in this account are subject to the requirements of
section 7078 of this Act.

INTER-AMERICAN FOUNDATION

The conference agreement provides $22,500,000 for Inter-
American Foundation.

AFRICAN DEVELOPMENT FOUNDATION

The conference agreement provides $30,000,000 for African
Development Foundation.

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

The conference agreement provides $25,448,000 for
International Affairs Technical Assistance, and an additional
$1,552,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.

DEBT RESTRUCTURING

The conference agreement provides $12,000,000 for Debt
Restructuring to support implementation of the Tropical
Forest Conservation Act.

TITLE IV

INTERNATIONAL SECURITY ASSISTANCE

Department of State

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The conference agreement provides $1,061,100,000 for
International Narcotics Control and Law Enforcement, and an
additional $983,605,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
The conferees direct the Secretary of State to notify the
Committees on Appropriations in writing, within 5 days of
exercising authority allowing funds made available under this
heading to be spent ``notwithstanding any other provision of
law'', and such notification shall include a justification of
such activities.
The conferees did not include the requested authority to
disregard the geographic or purpose limitations on assistance
provided in prior acts related to the Andean Counterdrug
Initiative or Andean Counterdrug Programs. The conferees
direct the Department of State and USAID to program remaining
funds without delay and use the funds within the region.
The conferees support the budget request for CARSI and CBSI
and expect the spend plans submitted pursuant to section 7078
of this Act for CARSI and CBSI to include activities that
were conducted with prior year appropriations, achievements
associated with the expenditure of such funds, and activities
that will be funded in fiscal year 2012, including goals to
be met.
The conferees recommend $160,600,000 for activities in
Colombia of which not less than $30,000,000 is for rule of
law programs, including $7,000,000 for USAID human rights
activities, and $15,000,000 for the Office of the Colombian
Attorney General including $7,000,000 for the human rights
unit. The conferees direct the Department of State to report
to the Committees on Appropriations, not later than 45 days
after enactment of this Act, on the proposed uses of funds
for Colombia's judicial agencies, including activities to be
supported, information on how assistance will help to reduce
impunity, and benchmarks to be used for measuring progress in
meeting specific goals.

[[Page H9776]]

The conferees recommend $5,000,000 for the International
Commission Against Impunity in Guatemala (CICIG).
The conferees continue to be concerned with the lack of a
professional, accountable police force in Guatemala and
expect priority be given to funding the implementation of a
police reform strategy that has the support of the Guatemalan
government and human rights organizations.
The conferees direct the Secretary of State to report to
the Committees on Appropriations, not later than 120 days
after enactment of this Act, on the role of United States
assistance in addressing the needs of Guatemalan women and
girls who have been victims of violence. The report shall
include a description of how assistance supports victims of
trafficking, rape and other sexual violence, combats human
trafficking, and improves the capacity of government
institutions, including the judiciary, law enforcement, and
civil society organizations.
The conferees direct that no funds made available under
this heading may be used to transfer excess weapons,
ammunition or other lethal property of an agency of the
United States Government to any individual or unit of the
Haitian National Police if the Secretary of State has
credible information that such individual or unit has
committed a gross violation of human rights or other serious
crimes.
The conferees support the budget request for the
International Law Enforcement Academies.
The conferees recommend up to $248,500,000 for assistance
for Mexico and note efforts by the Government of Mexico to
implement constitutional reforms. The conferees are
concerned, however, with the steadily increasing drug-related
violence in Mexico, and credible reports of a pattern of
abuses by Mexican police. The conferees are also concerned
with ongoing gender-based crimes in Mexico, and encourage the
Department of State to provide forensic equipment and
training to Mexican states and localities that have the
highest rate of homicide and other violent crime to ensure
local law enforcement agencies have tools to solve and
prosecute these cases. Additionally, the conferees direct the
Secretary of State to provide a report, not later than 90
days after enactment of this Act, on how programs funded
under this heading are achieving judicial and law enforcement
reforms in Mexico. The report should include objectives to be
met, benchmarks for measuring progress, intended results, and
the extent to which such programs are coordinated with the
federal and state governments in Mexico.
The conferees support continued assistance to strengthen
civilian law enforcement and judicial institutions to reduce
violent crime and narcotics trafficking in Mexico and
Honduras. The conference agreement includes sections 7045(d)
and 7045(e) that require the withholding of a portion of the
assistance for military and police forces in these countries
until the Secretary of State makes certain findings and
submits them in a report to the Committees on Appropriations.
The conferees direct the Department of State to ensure the
prompt delivery of equipment and training provided under this
heading for Mexico. Additionally, the conferees continue to
support cooperation between the United States and Mexico to
combat organized crime and drug trafficking along the border.
The conferees direct the Secretary of State to develop and
implement a coordinated border security strategy.
The conferees continue to support demand reduction programs
and direct the Secretary of State to provide assistance at
levels consistent with prior fiscal years.
The conferees request that the country-by-country report
required under this heading integrate the additional funds
appropriated under this heading in title VIII for OCO/GWOT
where appropriate, and the OCO/GWOT amounts should be
separately identified in the integrated report.

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

The conference agreement provides $590,113,000 for
Nonproliferation, Anti-terrorism, Demining and Related
Programs (NADR), and an additional $120,657,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
Section 7078 of this Act requires submission of a spend
plan for certain countries and programs not later than 30
days after enactment of the Act. The conferees request that
these spend plans integrate the funds appropriated under this
heading and in title VIII of this Act for OCO/GWOT where
appropriate, and the OCO/GWOT amounts should be separately
identified in the integrated plan.
The conferees direct the Secretary of State to notify the
Committees on Appropriations in writing, within 5 days of
exercising authority allowing funds made available under this
heading to be spent ``notwithstanding any other provision of
law'', and such notification shall include a justification of
such activities.
The conference agreement does not include assistance for
the Countering Violent Extremism program as included in the
budget request, but includes funding for these programs
within the ESF account.
The conferees recognize the importance of mine removal,
mine victim assistance, and the proper storage and
disposition of small arms/light weapons, and support the
Department of State's efforts to expand this work.
The conference agreement prioritizes the clearance of
unexploded ordnance (UXO) in areas where such ordnance was
caused by the United States. The conferees endorse Senate
report language directing that $9,000,000 be made available
for UXO clearance in Laos, and intend that funds also be
prioritized for UXO clearance in locations in the Oceania
region that have high concentrations of United States UXO
dating to World War II.
Section 7078 of this Act requires a spend plan for this
account not later than 30 days after enactment of this Act.
The conferees request that the spend plan integrate the funds
appropriated under this heading in title VIII of this Act for
OCO/GWOT, and the OCO/GWOT amounts should be separately
identified in the integrated plan.
Funds in this account are allocated according to the
following table, and are subject to the provisions of section
7019 of this Act:

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Programs authority
------------------------------------------------------------------------
Nonproliferation Programs:
Nonproliferation and Disarmament Fund................. 30,000
Export Control and Related Border Security Assistance. 60,909
Global Threat Reduction............................... 68,978
IAEA Voluntary Contribution........................... 85,900
CTBT International Monitoring System.................. 33,000
Weapons of Mass Destruction Terrorism................. 6,042
UN Security Council Resolution 1540 Trust Fund........ 1,500
CTBTO Preparatory Commission-Special Contributions.... 7,500
---------------
Subtotal--Nonproliferation Programs............. 293,829
Anti-terrorism Programs \1\
Anti-terrorism Assistance............................. 79,284
Terrorist Interdiction Program........................ 42,000
CT Engagement with Allies............................. 8,000
Counterterrorism Financing............................ 17,000
Countering Violent Extremism.......................... 0
---------------
Subtotal--Anti-terrorism Programs................... 146,284
Regional Stability & Humanitarian Assistance
Conventional Weapons Destruction...................... 150,000
Humanitarian Demining Program (non-add)............. [95,000]
Small Arms/Light Weapons Destruction (non-add)...... [55,000]
---------------
Subtotal--Regional Stability & Humanitarian 150,000
Assistance.....................................
---------------
Total, Nonproliferation, Anti-terrorism, Demining, and 590,113
Related Programs.......................................
------------------------------------------------------------------------
\1\ An additional $120,657,000 is included in title VIII under this
heading designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.

PEACEKEEPING OPERATIONS

The conference agreement provides $302,818,000 for
Peacekeeping Operations, and an additional $81,000,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
Section 7078 of this Act requires submission of a spend
plan for certain countries and programs not later than 30
days after enactment of the Act. The conferees request that
these spend plans integrate the funds appropriated under this
heading and in title VIII of this Act for OCO/GWOT where
appropriate, and the OCO/GWOT amounts should be separately
identified in the integrated plan.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations, prior to the
obligation of funds provided under this heading, for the
Africa Maritime Security Initiative (AMSI), including a
description of how the AMSI will address piracy, terrorist
activity, and trafficking in drugs, arms, and persons along
the African coast, as well as a description of coordination
efforts with the Department of Defense.
The conference agreement provides $28,000,000 for the
Multinational Force and Observers (MFO) including $1,000,000
to address force protection enhancements. The conferees
expect the MFO to account for and apply funds in a manner
such that the principle of equality of contributions to the
basic operating budget between the United States, Egypt, and
Israel shall be maintained.
Section 7078 of this Act requires a spend plan for this
account not later than 30 days after enactment of this Act.
The conferees request that the spend plan integrate the funds
appropriated under this heading in title VIII of this Act for
OCO/GWOT, and the OCO/GWOT amounts should be separately
identified in the integrated plan.

Funds Appropriated to the President

INTERNATIONAL MILITARY EDUCATION AND TRAINING

The conference agreement provides $105,788,000 for
International Military Education and Training (IMET).
The conferees recommend parity in the allocation of funds
for Armenia and Azerbaijan.
The conferees support the budget request for Indonesia and
the Philippines.
The conferees direct the Secretary of State to consult with
the Committees on Appropriations prior to the obligation of
funds provided under this heading for assistance for Libya.

FOREIGN MILITARY FINANCING PROGRAM

The conference agreement provides $5,210,000,000 for
Foreign Military Financing Program (FMF), and an additional
$1,102,000,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.

[[Page H9777]]

Section 7078 of this Act requires submission of a spend
plan for certain countries and programs not later than 30
days after enactment of the Act. The conferees request that
these spend plans integrate the funds appropriated under this
heading and in title VIII of this Act for OCO/GWOT where
appropriate, and the OCO/GWOT amounts should be separately
identified in the integrated plan.
The conference agreement provides the budget request for
Israel, Egypt, Jordan, and Tunisia.
The conferees note the recent progress of PRC military
modernization, and the increasing frequency of aggressive
assertions in territorial disputes, including on the seas and
in cyberspace. In response, regional neighbors, including
India, Japan, and Singapore, are reviewing defense postures
and updating their military hardware. The conferees encourage
the Administration to continue to engage the People's
Liberation Army in these matters, as well as allies in the
region on the political, economic, and military implications
of the strategic rise of the PRC, including through military
assistance and sales programs.
The conferees recommend parity in the allocation of funds
for Armenia and Azerbaijan.
The conferees note the existence of multiple laws that
prohibit assistance to Foreign Terrorist Organizations
(FTOs). Because of particular concerns with United States
military assistance in Lebanon and Yemen, the conferees
include language in section 7041 reaffirming that such
assistance may not be provided to the armed forces of either
country if such force is controlled by an FTO.
The conferees support programs for the Guatemalan Coast
Guard, Navy, and Army Corps of Engineers that enhance
regional naval cooperation and maritime security and that
increase disaster response and peacekeeping capabilities.
The conference agreement continues restrictions in current
law on assistance for the Guatemalan Army. The conferees will
consider a request for funding for such activities in fiscal
year 2013 if the army has a narrowly defined mission focused
on border security and external threats, is implementing a
reform strategy that has broad support within Guatemalan
society, is respecting human rights, is cooperating with
civilian investigations and prosecutions of cases involving
current and retired officers and with the CICIG, and is
publicly disclosing all military archives pertaining to the
internal armed conflict.
The conferees support the budget request for Mexico.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations, not later than 90
days after enactment of this Act, in classified form if
necessary, on the use of assistance provided by the United
States for the Lebanese Armed Forces, including the training,
curriculum, and equipment provided, and an assessment of the
performance of such forces and of factors that limit the
operational capabilities of such forces. The conferees note
that section 7041 limits the purposes for which funds may be
made available, and the conferees further direct that United
States security assistance not affect Israel's qualitative
military edge in the region.

TITLE V

MULTILATERAL ASSISTANCE

Funds Appropriated to the President

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

The conference agreement provides $348,705,000 for
International Organizations and Programs.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations, not later than 45
days after enactment of this Act, describing the amount of
funds since 2008 that the United Nations Environment Program
has allocated for anti-malaria research and the programs
funded.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Programs authority
------------------------------------------------------------------------
Center for Human Settlements............................... 1,900
International Civil Aviation Organization.................. 950
International Conservation Programs........................ 7,900
International Contributions for Scientific, Educational, 0
and Cultural Activities...................................
International Development Law Organization................. 600
IMO Maritime Security Programs............................. 400
Intergovernmental Panel on Climate Change/U.N. Framework on 10,000
Climate Change............................................
Montreal Protocol Multilateral Fund........................ 27,000
OAS Development Assistance Programs........................ 3,500
OAS Fund for Strengthening Democracy....................... 4,500
Inter-American Commission on Human Rights (non-add).... [2,000]
U.N. Capital Development Fund.............................. 955
U.N. Children's Fund....................................... 131,755
U.N. Democracy Fund........................................ 4,755
U.N. Development Program................................... 82,000
U.N. Environment Program................................... 7,700
U.N. High Commissioner for Human Rights.................... 5,000
Multilateral Action Initiatives............................ 0
U.N. Office for the Coordination of Humanitarian Affairs... 3,000
U.N. Population Fund....................................... 35,000
U.N. Voluntary Fund for Technical Cooperation in the Field 1,400
of Human Rights...........................................
U.N. Voluntary Fund for Victims of Torture................. 6,000
U.N. Women................................................. 7,500
World Meteorological Organization.......................... 2,090
World Trade Organization Technical Assistance.............. 1,150
International Chemicals and Toxics Programs................ 3,650
------------
Total, International Organizations and Programs.... 348,705
------------------------------------------------------------------------

INTERNATIONAL FINANCIAL INSTITUTIONS

The conferees direct the Secretary of the Treasury to
report to the Committees on Appropriations, not later than 45
days after enactment of this Act, on the status of the
implementation of the International Monetary Fund's (IMF) New
Income Model; the degree to which staff reductions have
occurred as planned; a comparison of the number of staff over
the previous three years; the average and median salary for
senior officers of the IMF; and an overview of IMF internal
resources over the previous three years. Additionally, the
report shall include a cost estimate of the planned
renovation of Headquarters Building 1 and the source of funds
to pay for this renovation.
The conference agreement includes a provision, section
7082, directing the Secretary of the Treasury to report to
the Committees on Appropriations, prior to disbursing any
funds for United States contributions to the general capital
increases, that the multilateral banks are making substantial
progress toward implementing reforms, including those agreed
to as part of the general capital increase agreements.
The conferees direct the Secretary of the Treasury to
submit to the Committees on Appropriations, not later than 90
days after enactment of this Act, a report that estimates the
impact on poverty alleviation and economic growth in
communities along the border between the United States and
Mexico if the North American Development Bank's mandate were
expanded to include financing of infrastructure projects in
the border region that promote growth in trade between the
United States and Mexico, sustainable economic and social
development, and job creation in the region.

GLOBAL ENVIRONMENT FACILITY

The conference agreement provides $89,820,000 for the
Global Environment Facility (GEF).
The conferees direct the Secretary of the Treasury to
submit a report to the Committees on Appropriations, not
later than 45 days after enactment of this Act, describing
the amount of funds since 2008 that the GEF has allocated for
anti-malaria research and the programs funded.

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

The conference agreement provides $1,325,000,000 for
Contribution to the International Development Association.
The conference agreement provides $167,000,000 for the
United States' share of the Multilateral Debt Relief
Initiative commitment, including $91,000,000 for the
remainder of the IDA-15 share and $76,000,000 for the IDA-16
share.

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT

The conference agreement provides $117,364,344 for
Contribution to the International Bank for Reconstruction and
Development.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The conference agreement provides $2,928,990,899 for
Limitation on Callable Capital Subscriptions.

CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

The conference agreement provides $184,630,000 for
Contribution to the Clean Technology Fund.

CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

The conference agreement provides $49,900,000 for
Contribution to the Strategic Climate Fund.

GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

The conference agreement provides $135,000,000 for Global
Agriculture and Food Security Program.

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

The conference agreement provides $75,000,000 for
Contribution to the Inter-American Development Bank.
The conference agreement provides $4,670,000 for payment to
the Inter-American Investment Corporation.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The conference agreement provides $4,098,794,833 for
Limitation on Callable Capital Subscriptions.

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND

The conference agreement provides $25,000,000 for
Contribution to the Enterprise for the Americas Multilateral
Investment Fund.

CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

The conference agreement provides $106,586,000 for
Contribution to the Asian Development Bank.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The conference agreement provides $2,558,048,769 for
Limitation on Callable Capital Subscriptions.

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

The conference agreement provides $100,000,000 for
Contribution to the Asian Development Fund.

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

The conference agreement provides $32,417,720 for
Contribution to the African Development Bank.

[[Page H9778]]

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The conference agreement provides $507,860,808 for
Limitation on Callable Capital Subscriptions.

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

The conference agreement provides $172,500,000 for
Contribution to the African Development Fund.
The conference agreement provides $7,500,000 for the
Multilateral Debt Relief Initiative.

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT LIMITATION ON CALLABLE
CAPITAL SUBSCRIPTIONS

The conference agreement provides $1,252,331,952 for
Limitation on Callable Capital Subscriptions.

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT

The conference agreement provides $30,000,000 for
Contribution to the International Fund for Agricultural
Development.

TITLE VI

EXPORT AND INVESTMENT ASSISTANCE

Export-Import Bank of the United States

INSPECTOR GENERAL

The conference agreement provides $4,000,000 for the
Inspector General for the Export-Import Bank (the Bank).
The conferees are concerned with the absence of regular
inspections of Overseas Private Investment Corporation (OPIC)
operations and the oversight of an Inspector General, and
direct the President of OPIC to consult with the Committees
on Appropriations and other appropriate congressional
committees on the options for increasing oversight of OPIC
programs, including under the authorities of the Export-
Import Bank Inspector General.

SUBSIDY APPROPRIATION

The conference agreement provides $58,000,000 for Subsidy
Appropriation for the Export-Import Bank.

ADMINISTRATIVE EXPENSES

The conference agreement provides $89,900,000 for
Administrative Expenses for the Export-Import Bank.
The conference agreement includes $6,000,000 to support the
Bank's efforts to establish regional offices focusing on
small businesses and to significantly increase the number of
small business transactions.
The conferees direct that the use of the aggregate loan,
guarantee, and insurance authorities available to the Bank in
fiscal year 2012 should not result in greenhouse gas
emissions from the extraction or production of fossil fuels
or the use of fossil fuels in electricity generation that
exceed the average of the total emissions in the preceding
three fiscal years resulting from the use of these
authorities unless, not less than 15 days prior to each such
use of such authorities in fiscal year 2012, the Bank
provides a written report to the Committees on Appropriations
that such use would result in emissions exceeding this amount
and indicating the amount of the increase, and posts such
report on the Bank's Web site.
The conference agreement directs that not less than 10
percent of the Bank's authority for aggregate loan,
guarantee, and insurance should be used for renewable energy
and end-use energy efficiency technologies. The conferees
direct the Bank to provide a report to the Committees on
Appropriations, not later than 90 days after enactment of
this Act, that includes: all financing for renewable energy
and end-use energy efficiency technologies, or other
environmentally beneficial exports carried out in fiscal year
2011; efforts made by the Bank to promote and support such
exports; information on which regions and sectors exhibit the
greatest potential for such exports; how the Bank defines and
tracks such activities; data on the Bank's progress toward
meeting the 10 percent directive and the Bank's planned
efforts to overcome any shortfall; the Bank's data, current
policies, and efforts to mitigate greenhouse gas emissions
resulting from projects it finances; and, as applicable, the
implementation status of recommendations made by the GAO
concerning the promotion of renewable energy and end-use
energy efficiency technologies, as well as other
environmentally beneficial exports.

Overseas Private Investment Corporation

NONCREDIT ACCOUNT

The conference agreement provides $54,990,000 for Noncredit
Account of OPIC.

PROGRAM ACCOUNT

The conference agreement provides $25,000,000 for Program
Account of OPIC.
The conferees endorse prior year reporting requirements
relating to a semi-annual report on OPIC investment funds,
and prior consultation on local currency guarantees and
financing for nongovernmental organizations and private and
voluntary organizations, as stated in House Report 111-187
accompanying H.R. 3081.
The conferees direct the President of OPIC to include in
its fiscal year 2013 congressional budget justification a
confidential annex that describes new loans, guarantees, and
insurance approved in fiscal year 2011 by category,
recipient, country, level of OPIC resources provided, and
source year of financing used. The conferees also direct OPIC
to provide additional detail, including an annual summary of
positive and negative subsidy by product line.
The conferees are concerned with the absence of regular
inspections of OPIC operations and the oversight of an
Inspector General, and direct the President of OPIC to
consult with the Committees on Appropriations and other
appropriate congressional committees on the options for
increasing oversight of OPIC programs, including under the
authorities of the Export-Import Bank Inspector General.

TRADE AND DEVELOPMENT AGENCY

The conference agreement provides $50,000,000 for Trade and
Development Agency.

TITLE VII

GENERAL PROVISIONS

The following general provisions are continued in this Act
substantively unchanged from the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117):

Sec. 7001. Allowances and Differentials
Sec. 7003. Consulting Services
Sec. 7005. Personnel Actions
Sec. 7007. Prohibition Against Direct Funding for Certain Countries
Sec. 7010. Reporting Requirement
Sec. 7012. Limitation on Assistance to Countries in Default
Sec. 7014. Reservations of Funds
Sec. 7016. Notification of Excess Defense Equipment
Sec. 7017. Limitation on Availability of Funds for International
Organizations and Programs
Sec. 7018. Prohibition on Funding for Abortions and Involuntary
Sterilization
Sec. 7020. Prohibition of Payment of Certain Expenses
Sec. 7022. Authorization Requirements
Sec. 7023. Definition of Program, Project, and Activity
Sec. 7026. Separate Accounts
Sec. 7027. Eligibility for Assistance
Sec. 7028. Impact on Jobs in the United States
Sec. 7030. Debt-for-Development
Sec. 7032. Authority to Engage in Debt Buybacks or Sales
Sec. 7035. Arab League Boycott of Israel
Sec. 7036. Palestinian Statehood
Sec. 7037. Restrictions Concerning the Palestinian Authority
Sec. 7038. Prohibition on Assistance to the Palestinian Broadcasting
Corporation
Sec. 7039. Assistance for the West Bank and Gaza
Sec. 7047. Prohibition of Payments to United Nations Members
Sec. 7048. War Crimes Tribunals Drawdown
Sec. 7050. Community-Based Police Assistance
Sec. 7053. Parking Fines and Real Property Taxes Owed by Foreign
Governments (incorporates prior year conditions by
reference)
Sec. 7054. Landmines and Cluster Munitions
Sec. 7055. Prohibition on Publicity or Propaganda
Sec. 7056. Limitation on Residence Expenses
Sec. 7059. Prohibition on Promotion of Tobacco
Sec. 7064. Requests for Documents
Sec. 7068. Extradition
Sec. 7069. Commercial Leasing of Defense Articles
Sec. 7072. Repression in the Russian Federation
Sec. 7073. Prohibition on First-Class Travel

The following general provisions are either new, or are
substantively modified, from those included in division F of
Public Law 111-117:
Sec. 7002. Unobligated Balances Report (Modified)
Section 7002 of the conference agreement requires any
department or agency funded by this Act to provide a
quarterly report on unobligated and unexpended balances to
the Committees on Appropriations. The conferees expect the
report to specify, where feasible, funds obligated pursuant
to bilateral agreements which have not been further sub-
obligated. The conferees note that current reports from USAID
designate expired and unexpired funds by account and fiscal
year, and expect the Department of State to continue to work
on modifying their financial systems to enable them to submit
a report in a similar format. The conferees also direct the
Department of State and USAID to provide periodic briefings
on the information in this report, including on the status of
sub-obligations related to bilateral agreements.
Sec. 7004. Embassy Construction (Modified)
The conference agreement includes authorization within
section 7004 for the Maintenance Cost Sharing initiative to
utilize funding from the Capital Security Cost Sharing (CSCS)
program for the maintenance, repair, and rehabilitation of
new facilities with an inter-agency presence.
Sec. 7006. Local Guard Contracts (Modified)
Sec. 7008. Coups d'Etat (Modified)
The conferees intend that the modifications to this
provision shall apply to prospective coups d'etat and shall
not apply to retrospective assessments.

Sec. 7009. Transfer Authority (Modified)
Sec. 7011. Availability of Funds (Modified)
Sec. 7013. Prohibition on Taxation of United States Assistance
(Modified)
Sec. 7015. Notification Requirements (Modified)
Sec. 7019. Allocations (Modified)

[[Page H9779]]

Sec. 7021. Prohibition on Assistance to Governments Supporting
International Terrorism (Modified)
Section 7021 of the conference agreement combines sections
7021 and 7022 in division F of Public Law 111-117 relating to
prohibitions on the export of lethal military equipment and
on providing bilateral assistance to countries supporting
international terrorism. Additionally, section 7021 prohibits
bilateral assistance to any foreign government controlled by
a designated terrorist organization.
Sec. 7024. Authorities for the Peace Corps, Inter-American Foundation
and African Development Foundation (Modified)
Sec. 7025. Commerce, Trade and Surplus Commodities
The conference agreement includes language expanding
exceptions to the application of subsection (b). When relying
on this expanded exception, the USAID Administrator should,
in order to maximize program effectiveness, consult with
relevant agriculture industry representatives regarding the
same, similar, or substitute commodities and products.
Sec. 7029. International Financial Institutions (Modified)
Sec. 7031. Financial Management and Budget Transparency (Modified)
For the purposes of this section the term ``direct
government-to-government assistance'' shall include cash
transfers, nonproject sector assistance, and other forms of
assistance where funds appropriated by this Act are provided
directly to the recipient government.
Section 7031(c) includes language related to anti-
kleptocracy. The conferees note that this provision revises
current law (section 7084 of division F of Public Law 111-
117) and includes a national interest waiver. The conferees
note that ineligibility for entry into the United States
under this provision is not dependent on a decision or other
action by any Federal agency other than the Department of
State.
Sec. 7033. Multi-Year Commitments (New)
The conferees understand that the Secretary of the Treasury
does not intend to increase the quota resources of the IMF in
fiscal year 2012. If the Secretary does intend to commit the
United States to additional contributions to the IMF, the
conference agreement includes a provision that would, at a
minimum, require consultation with the Committees on
Appropriations not less than 7 days before such pledge is
made.
Sec. 7034. Special Provisions (Modified)
Section 7034(h)(5) states that 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.
Section 7034(k) redesignates section 620J of the Foreign
Assistance Act of 1961 to section 620M, and modifies it by
substituting ``credible information'' for ``credible
evidence'' in order to clarify that the information need not
be admissible in a court of law to be credible and to conform
to similar wording in a comparable provision in the Defense
Appropriations Act, and by adding guidelines for: tracking
United States assistance to foreign security forces; the
collection, receipt, evaluation, and preservation of
information about gross violations of human rights; vetting
both individuals and units; and, to the maximum extent
practicable, publicly identifying units for which no
assistance shall be furnished pursuant to section 620M.
Sec. 7040. Limitation on Assistance for the Palestinian Authority
(Modified subsection (f))
Sec. 7041. Near East (Modified)
Section 7041(a)(1) of this Act provides limitations on
assistance for Egypt, and includes authorities for an Egypt
debt initiative.
Section 7041(a)(3) provides authority and conditions for an
Egypt initiative. The conferees make available up to
$500,000,000 of the funds appropriated under the Economic
Support Fund heading in this Act and prior acts for such
purposes. However, the conferees note that all funds are
subject to the regular notification procedures of the
Committees on Appropriations and expect that funds will be
provided in tranches, at the minimum rate necessary, and in a
manner consistent with the advancement of United States--
Egyptian strategic interests. The conferees note that this
initiative demonstrates United States support for Egypt's
democratic transition and economic development, and should
serve as an incentive to the Government of Egypt (GOE) to
pursue policies of mutual interest. The conferees intend that
prior to the use of the authority under this initiative the
transition to a civilian government will have substantially
progressed, and the GOE will implement economic development
policies consistent with the objectives of such initiative.
The conferees direct that the notification submitted to the
Committees on Appropriations include a detailed description
and estimate of the economic benefits of projects anticipated
to be undertaken, the role of the GOE in implementing
projects, an explanation of how such projects contribute to
economic and democratic reforms in Egypt, and the means by
which the uses of funds and results achieved will be
monitored and measured. The conferees intend that the
notification may be submitted to other congressional
committees, as appropriate.
The conferees direct the Secretary of State to use prior
appropriated funds to the maximum extent practicable with
respect to supporting projects and initiatives in Egypt, and
to structure the timing and amounts of disbursements of funds
for activities regarding the Egypt debt initiative. The
Secretary of State shall consult with the Committees on
Appropriations and other congressional committees, as
appropriate, on the planned uses of the funds prior to
obligating funds under such structured disbursement. The
conferees expect the Secretary of State to spend down prior
appropriated funds in an efficient manner, and to keep the
Committees on Appropriations informed on a regular basis on
the balances of such funds.
Section 7041(b) of this Act includes language authorizing
the establishment of enterprise funds in Egypt, Tunisia, and
Jordan. The conferees intend that at the termination of the
respective funds, 50 percent of the proceeds realized by each
fund from the liquidation of its assets should be returned to
the United States Treasury. The conferees request that the
Comptroller General of the United States conduct a review,
one year after the establishment of any enterprise fund, to
examine the management and oversight of the funds and to
determine if appropriate and sufficient safeguards exist
against financial misconduct.
The conference agreement includes language regarding
democracy promotion in Libya and Syria, and restricts
infrastructure assistance for Libya.
Sec. 7042. Serbia (Modified)
Sec. 7043. Africa (Modified)
The conferees direct the Secretary of State to provide to
the Committees on Appropriations the report detailed in
section 7061(b)(3) of S. 1601 (112th Congress).
The conferees direct the Secretary of State to ensure that
no United States training, equipment, or other assistance is
provided to any Kenyan military personnel or units who have
been credibly alleged to have violated human rights at Mount
Elgon in March 2008, and to report to the Committees on
Appropriations within 90 days of enactment of this Act on
steps taken by the Government of Kenya to conduct a thorough,
credible investigation of such violations.
The conferees endorse language in the Senate report
regarding the disappearance of journalist Ebrimah Manneh from
The Gambia.
Sec. 7044. Asia (Modified)
Sec. 7045. Western Hemisphere (Modified)
The conferees direct that 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 written report to, the Committees on Appropriations
that--
(1) The Colombian Armed Forces are suspending those
members, of whatever rank, who have been credibly alleged to
have violated human rights, or to have aided, abetted or
benefitted from paramilitary organizations or other illegal
armed groups; all such cases are promptly referred to
civilian jurisdiction for investigation and prosecution, and
the Colombian Armed Forces are not opposing civilian
jurisdiction in such cases; and the Colombian Armed Forces
are cooperating fully with civilian prosecutors and judicial
authorities.
(2) The Government of Colombia has taken all necessary
steps to sever links with paramilitary organizations or other
illegal armed groups.
(3) The Government of Colombia is dismantling paramilitary
networks, including by arresting and prosecuting under
civilian criminal law individuals who have provided
financial, planning, or logistical support, or have otherwise
aided, abetted or benefitted from paramilitary organizations
or other illegal armed groups, and by returning land and
other assets illegally acquired by such organizations or
their associates to their rightful occupants or owners.
(4) The Government of Colombia is respecting the rights of
human rights defenders, journalists, trade unionists, and
other social activists, and the rights and territory of
indigenous and Afro-Colombian communities; and the Colombian
Armed Forces are implementing procedures to distinguish
between civilians, including displaced persons, and
combatants, in their operations.
The conferees also direct 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 any
United States funding, assistance or other support for the
Departamento Administrativo de Seguridad, its officials,
employees, affiliates and contractors during the period 2002
through 2010, including but not limited to training,
equipment, information sharing, technical assistance, and
facilities construction. To the maximum extent possible the
report shall be provided in unclassified form, but may also
include a classified annex.
Sec. 7046. South Asia (Modified)
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations not later than 45
days after enactment of this Act, detailing what steps have
been taken by the Government of Sri Lanka and international
bodies to thoroughly and credibly investigate war crimes and
violations of international humanitarian law during the
internal armed conflict, and evaluating the adequacy of steps
taken by the Government of Sri Lanka to hold perpetrators
accountable. The report should also indicate whether
suspected combatants detained during the conflict remain in
custody and whether humanitarian organizations have access to
such detainees.

[[Page H9780]]

The conferees direct that funds available for Afghanistan
under the ESF and INCLE headings for training of foreign
police, judicial, and military personnel should address
gender-based violence, where appropriate.
The conferees direct that, not later than 180 days after
enactment of this Act, the Secretary of State, in
consultation with the USAID Administrator, submit a report to
the Committees on Appropriations detailing actions taken by
the Government of Afghanistan to expand rail transport in
Afghanistan since 2009; providing an assessment of any
national rail transport strategy, including the costs
associated with implementation of such strategy; providing an
analysis of the economic benefits of expanding and improving
rail connections with neighboring countries, including in
areas with significant resources; and making recommendations
for the standardization of rail gauge in Afghanistan that is
compatible with Central Asian countries, including
Uzbekistan.
Sec. 7049. United Nations (New)
Section 7049(a) requires that 15 percent of United States
contributions to United Nations agencies and the Organization
of American States shall be withheld from obligation if the
Secretary of State determines and reports that such agency or
organization is not taking steps to meet certain conditions.
The Secretary may waive this requirement if to do so is in
the national interest. The conferees intend this restriction
to apply only to such entities that receive annual United
States contributions exceeding $20,000,000. The conferees
further intend that for the purposes of this section,
``necessary access'' means access necessary for United States
Government officials to obtain the results of financial and
performance audits in a timely manner.

Sec. 7051. Attendance at International Conferences (Modified)
Sec. 7052. Aircraft Transfer and Coordination (Modified)

Sec. 7057. United States Agency for International
Development Management (Modified)
The conferees intend that funds appropriated under the
heading Operating Expenses in title II of this Act are made
available to develop and implement training for staff in
overseas USAID missions to promote the full inclusion and
equal participation of people with disabilities.

Sec. 7058. Global Health Activities (Modified)
Sec. 7060. Programs to Promote Gender Equality (Modified)

Sec. 7061. Gender-Based Violence
For the purposes of this Act, the conferees direct that
gender-based violence should include any form of violence or
abuse that targets women or men on the basis of their gender
and results in physical, sexual or psychological harm.
The conferees direct the Secretary of State and the USAID
Administrator to submit to the Committees on Appropriations,
not later than 180 days after the enactment of this Act, a
multi-year strategy to prevent and respond to violence
against women and girls in countries where it is common. The
strategy should include achievable and sustainable goals,
benchmarks for measuring progress, and expected results. The
formulation of the strategy should include regular engagement
with men and boys as community leaders and advocates in
ending such violence.
Sec. 7062. Sector Allocations (New)
This section consolidates directives, related reporting
requirements and limitations for program funding in sectors
including education, environment, and food security and
agriculture development. The conferees expect these funds to
be awarded competitively and in accordance with all
applicable rules and regulations. With respect to funding
requirements in this section and other minimum funding
requirements contained in the conference agreement, the
conferees note that funds appropriated in title VIII of this
Act under the same headings may be used to meet such
requirements.

Sec. 7063. Central Asia (Modified)
Sec. 7065. Overseas Private Investment Corporation (Modified)
Sec. 7066. International Prison Conditions (Modified)
Sec. 7067. Prohibition on Use of Torture (Modified)
Sec. 7070. Independent States of the Former Soviet Union (Modified)
Sec. 7071. International Monetary Fund (Modified)
Sec. 7074. Disability Programs (Modified)
Sec. 7075. Enterprise Funds (Modified)
Sec. 7076. Consular Affairs (New)
Sec. 7077. Procurement Reform (New)
Section 7077 provides authority to the USAID Administrator
to award contracts and other acquisition instruments to local
entities if the procurement meets the criteria described in
this provision.

Sec. 7078. Operating and Spend Plans (New)
Sec. 7079. Rescissions (New)
Sec. 7080. Special Defense Acquisition Fund (New)
Sec. 7081. Authority for Capital Increases (New)
Sec. 7082. Reforms Related to General Capital Increases (New)
Sec. 7083. Authority for Replenishments (New)
Sec. 7084. Authority for the Fund for Special Operations (New)
Sec. 7085. United Nations Population Fund (Modified)
The conference agreement continues prior year conditions on
funding for the United Nations Population Fund and modifies
the funding level.
Sec. 7086. Limitations (New)
Sec. 7087. Use of Funds in Contravention of this Act (Modified)
The conferees continue the requirement that the Executive
Branch notify the Committees on Appropriations 5 days in
advance of any action or other decision that would otherwise
have been prohibited or required by this Act but for a
determination that a provision in this Act is
unconstitutional.
The following general provisions included in division F of
Public Law 111-117 have been modified and merged with other
provisions in this Act: Sections 7022, 7043, 7046, 7050,
7052, 7054, 7064, 7065, 7076, 7081, 7084, 7086, and 7089.
The conference agreement does not include section 7066
included in division F of Public Law 111-117 regarding a
comprehensive expenditures report. Instead, the conferees
direct the Secretary of State, in consultation with relevant
agency heads, to report to the Committees on Appropriations,
not later than 180 days after enactment of this Act, on
options for standardizing assistance information, by program,
country, and fiscal year. The conferees intend to direct the
submission of this report in future fiscal years, and to
require its posting on the Foreign Assistance Dashboard.
The conference agreement does not continue the following
general provisions included in division F of Public Law 111-
117: Sections 7033, 7041, 7068, 7088, and 7091.

TITLE VIII

OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Funds appropriated as OCO/GWOT under this title address the
``extraordinary and temporary'' costs of contingency
operations in Afghanistan, Pakistan and Iraq, as well as
other counterterrorism and counterinsurgency programs and
response to conflict-related and other crises. As noted in
the congressional budget justification for fiscal year 2012,
OCO funds are expected to be phased out over time.

Department of State

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

The conference agreement provides $4,389,064,000 for
Diplomatic and Consular Programs, of which $236,201,000 is
for Worldwide Security Protection. The amount provided is for
the extraordinary costs of operations in Afghanistan,
Pakistan, and Iraq and is designated for OCO/GWOT pursuant to
the Balanced Budget and Emergency Deficit Control Act of
1985.
The conferees intend that funds made available for
operations in Afghanistan will be used to train and deploy
additional direct-hire personnel to improve monitoring and
control of United States assistance.
The conferees direct the Secretary of State to cooperate
with the Office of Inspector General for the Department of
State and SIGIR, including requests from the SIGIR for
information and documentation involving operations in support
of foreign assistance programs.
The conferees direct that the spend plan required by
section 7078 of this Act include a detailed description of
the designated amounts by category, break-out costs of
operations by location and provide staffing levels for each
location and provincial area, where applicable. In addition,
with respect to funds transferred to other agencies in
support of Afghanistan operations, the spend plan should
include projected transfer amounts and number of staff
supported by each agency.

CONFLICT STABILIZATION OPERATIONS

The conference agreement provides $8,500,000 for CSO for
deployment costs, including to Afghanistan, Pakistan, and
Iraq. The amount provided is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985. In addition, the agreement includes authority for the
Secretary of State to transfer up to $35,000,000 of the funds
appropriated under the heading Diplomatic and Consular
Programs in title I for the support of CSO operations and
activities.
The conferees direct that the Secretary of State notify the
Committees on Appropriations within fifteen days of a new
deployment of the Civilian Response Corps (CRC), to include
the destination, size, composition, and expected duration and
cost of the deployment.
The conferees expect the spend plan required by section
7078 of this Act to include details on projected staffing of
the CRC, a list of deployments and planned deployments for
the fiscal year, and a summary of any strategic review of CSO
operations, including a timeline for implementation of
organizational, personnel, and program changes.

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $67,182,000 for the
Office of Inspector General at the Department of State, of
which $3,250,000 is for support of the Middle East Regional
Office, $44,387,000 is for SIGAR, and $19,545,000 is to
sustain the current level of operations for SIGIR. The amount
provided is for the extraordinary costs of program oversight
in Afghanistan, Pakistan, and Iraq and is designated for OCO/
GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conferees do not support the proposed drawdown of SIGIR
in fiscal year 2012 as proposed in the request. SIGIR should
continue

[[Page H9781]]

to exercise oversight over the assistance programs in Iraq,
including the support costs associated with programs funded
under the International Narcotics Control and Law Enforcement
heading.
Section 7078 of this Act requires the relevant department,
agency, or organization to submit to the Committees on
Appropriations a spend plan for funds appropriated in titles
I and II of this Act. The conferees expect both SIGAR and
SIGIR to submit such plans not later than 30 days after
enactment of this Act.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The conference agreement provides $15,600,000 for
Educational and Cultural Exchange Programs. The amount
provided is for the extraordinary costs of exchange and
public diplomacy programs in Afghanistan and Pakistan, and is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The conference agreement provides $33,000,000 for Embassy
Security, Construction, and Maintenance. The amount provided
is for the extraordinary costs of leased facilities in Iraq
and is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.

International Organizations

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The conference agreement provides $101,300,000 for
Contributions to International Organizations. The amount
provided is for the extraordinary costs of United Nations
missions in Afghanistan and Iraq and is designated for OCO/
GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.

RELATED AGENCY

Broadcasting Board of Governors

INTERNATIONAL BROADCASTING OPERATIONS

The conference agreement provides $4,400,000 for
International Broadcasting Operations for the extraordinary
costs of United States international broadcasting to Iraq,
Afghanistan, Pakistan, and the Middle East and is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.

RELATED PROGRAMS

United States Institute of Peace

The conference agreement provides $8,411,000 for USIP. The
amount provided is for the extraordinary costs of USIP
programs in Afghanistan, Pakistan, and Iraq and is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Funds Appropriated to the President

OPERATING EXPENSES

The conference agreement provides $255,000,000 for
Operating Expenses. The amount provided is for the
extraordinary costs of operations in Afghanistan, Pakistan,
and Iraq and is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $4,500,000 for the Office
of Inspector General. The amount provided is for the
extraordinary costs of oversight activities of programs and
operations in Afghanistan, Pakistan, and Iraq and is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

INTERNATIONAL DISASTER ASSISTANCE

The conference agreement provides $150,000,000 for
International Disaster Assistance. The amount provided is for
the extraordinary costs of the United States response to
crises resulting from conflict, including in Afghanistan,
Pakistan, Iraq, Yemen, and the Horn of Africa, and is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.

TRANSITION INITIATIVES

The conference agreement provides $6,554,000 for Transition
Initiatives. The amount provided is for the extraordinary
costs of contingency operations in conflict countries, such
as Afghanistan, Pakistan, Libya, and Yemen and is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.

COMPLEX CRISES FUND

The conference agreement provides $30,000,000 for the
Complex Crises Fund. The amount provided is for the
extraordinary costs of addressing security and stabilization
requirements in conflict countries, such as Pakistan,
Somalia, and Yemen, and countries emerging from conflict and
is designated for OCO/GWOT pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985.

ECONOMIC SUPPORT FUND

The conference agreement provides $2,761,462,000 for the
Economic Support Fund for the extraordinary costs of
contingency operations, including in Afghanistan, Pakistan,
Iraq, Yemen, Somalia, North Africa, and for African
counterterrorism partnerships. The full amount provided is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.

Department of State

MIGRATION AND REFUGEE ASSISTANCE

The conference agreement provides $229,000,000 for
Migration and Refugee Assistance. The amount provided is for
the extraordinary costs of United States response to crises
resulting from conflict, including in Afghanistan, Pakistan,
Iraq, Yemen, and the Horn of Africa, and is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

The conference agreement provides $1,552,000 for
International Affairs Technical Assistance. The amount
provided is for the extraordinary costs of contingency
operations, including in Afghanistan, Pakistan, and Iraq and
is designated for OCO/GWOT pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985.

INTERNATIONAL SECURITY ASSISTANCE

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The conference agreement provides $983,605,000 for
International Narcotics Control and Law Enforcement for the
extraordinary costs of contingency operations, including in
Afghanistan, Pakistan, Iraq, Yemen, Somalia, and for African
counterterrorism partnerships. The amount provided is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

The conference agreement provides $120,657,000 for
Nonproliferation, Anti-terrorism, Demining and Related
Programs for the extraordinary costs of anti-terrorism
assistance, including in Afghanistan, Pakistan, Iraq, Yemen,
Kenya, and for support of the Office of the Coordinator for
Counterterrorism, to include the Regional Strategic
Initiative. The amount provided is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.

PEACEKEEPING OPERATIONS

The conference agreement provides $81,000,000 for
Peacekeeping Operations for the extraordinary costs of
contingency operations in Somalia and counterterrorism
activities in Africa. The amount provided is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.

Funds Appropriated to the President

FOREIGN MILITARY FINANCING PROGRAM

The conference agreement provides $1,102,000,000 for the
Foreign Military Financing Program for the extraordinary
costs of contingency operations, including in Iraq, Pakistan,
the Philippines, and Yemen. The amount provided is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The conferees expect that the spend plan required by
section 7078 of this Act will include a detailed description,
by program objective, of all activities supported with funds
made available under this heading.

PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $850,000,000 for the
Pakistan Counterinsurgency Capability Fund. The amount
provided is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS

Sec. 8001
This provision clarifies that the amounts appropriated by
this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2012.
Sec. 8002
This provision makes applicable to funds appropriated in
this title the authorities and conditions applicable to such
accounts elsewhere in the Act.
Sec. 8003
This provision confers authority to the Secretary of State
to transfer funds appropriated in this title for assistance
between accounts, subject to the regular notification
procedures of the Committees on Appropriations.
Sec. 8004
This provision provides for transfer of up to $50,000,000
to the Global Security Contingency Fund pending authorization
of the account.

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Harold Rogers,
C.W. Bill Young,
Jerry Lewis,
Rodney P. Frelinghuysen,
Robert B. Aderholt,
Jo Ann Emerson,
Kay Granger,
Michael K. Simpson,
John Abney Culberson,
Ander Crenshaw,
Denny Rehberg,
John R. Carter,
Norman D. Dicks,
Peter J. Visclosky,
Nita M. Lowey,
Jose E. Serrano,
Rosa L. DeLauro,
James P. Moran,
David E. Price,
Sanford D. Bishop.
Managers on the part of the House.

Tim Johnson,
Daniel K. Inouye,
Mary Landrieu,
Patty Murray,
Jack Reed,
Ben Nelson,
Mark Pryor,
Patrick J. Leahy,
Kay Bailey Hutchison,
Lisa Murkowski,
Roy Blunt,
John Hoeven,
Thad Cochran.
Managers on the part of the Senate.