[Congressional Record (Bound Edition), Volume 157 (2011), Part 12]
[Senate]
[Pages 17391-17523]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 950. Mr. HOEVEN (for himself, Mr. Rockefeller, and Mr. Portman) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2354, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 40, lines 8 and 9, strike ``445,471,000, to remain 
     available until expended: Provided,'' and insert 
     ``$475,471,000, to remain available until expended: Provided, 
     That $10,000,000 shall be available for natural gas 
     technologies, $10,000,000 shall be available for 
     unconventional fossil energy technologies, and $10,000,000 
     shall be available for advanced energy systems: Provided 
     further,''.
       On page 44, line 11, strike ``$2000,000,000'' and insert 
     ``$170,000,000''.
                                 ______
                                 
  SA 951. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available under this Act 
     may be used to pay compensation in the form of bonuses for 
     senior executives at the Federal National Mortgage 
     Association or the Federal Home Loan Mortgage Corporation 
     during fiscal year 2012.
                                 ______
                                 
  SA 952. Mr. CASEY (for himself, Mr. Barrasso, Mr. Blumenthal, Mr. 
Bennet, and Mr. Whitehouse) submitted an amendment intended to be 
proposed by him to the bill H.R. 2354, making appropriations for energy 
and water development and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes; which was ordered to lie on 
the table; as follows:

       In section 7065(c)(5), strike ``Precursor chemicals.--
     Funds'' and insert the following: ``Precursor chemicals.--
       (A) Certification.--
       (i) Limitation.--Funds appropriated or otherwise made 
     available by this division under the headings ``foreign 
     military financing program'' and ``pakistan counter-
     insurgency capability fund'' should not be obligated until 
     the Secretary of State certifies to the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives that the 
     Government of Pakistan is demonstrating a continuing 
     commitment to and is making significant efforts towards the 
     implementation of a strategy to counter improvised explosive 
     devices (IEDs). For purposes of this clause,

[[Page 17392]]

     significant implementation efforts include attacking IED 
     networks, monitoring of known precursors used in IEDs, and 
     the development of a strict protocol for the manufacture of 
     explosive materials, including calcium ammonium nitrate, and 
     accessories and their supply to legitimate end users.
       (ii) Waiver.--The Secretary of State may waive the 
     requirements of clause (i) if the Secretary determines it is 
     in the national security interest of the United States to do 
     so.
       (B) Assistance.--Funds
                                 ______
                                 
  SA 953. Mr. RUBIO (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 481, after line 21, add the following:
       Sec. 7088. (a) None of the amounts appropriated or 
     otherwise made available by this division may be appropriated 
     or otherwise made available for a United States contribution 
     to the United Nations Educational, Scientific and Cultural 
     Organization (UNESCO).
       (b) United States contributions that would have otherwise 
     been provided to UNESCO should be redirected by the Secretary 
     of the Treasury for payment to the Inter-American Development 
     Bank for the United States share of the paid-in portion of 
     the increase in capital stock.
                                 ______
                                 
  SA 954. Mr. BINGAMAN (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 41, strike lines 11 through 22.
                                 ______
                                 
  SA 955. Ms. KLOBUCHAR (for herself, Mr. Thune, Mr. Johnson of South 
Dakota, Mr. Franken, Mr. Harkin, and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 37, between lines 15 and 16, insert the following:
       Sec. 2__.  None of the funds appropriated or otherwise made 
     available by this Act for ongoing work on rural water 
     regional programs of the Bureau of Reclamation that is in 
     addition to the amount requested in the annual budget 
     submission of the President (including funds for related 
     settlements) shall be used by the Secretary of the Interior 
     to carry out any authorized rural water supply project (as 
     defined in section 102 of the Reclamation Rural Water Supply 
     Act of 2006 (43 U.S.C. 2401)) unless the Secretary of the 
     Interior, not later than 30 days after the date of enactment 
     of this Act, issues a work plan prioritizing funding of rural 
     water supply projects carried out by the Bureau of 
     Reclamation based on the following criteria to better utilize 
     taxpayer dollars:
       (1) The percentage of the rural water supply project to be 
     carried out that is complete (as of the date of enactment of 
     this Act) or will be completed by September 30, 2012.
       (2) The number of people served or expected to be served by 
     the rural water supply project.
       (3) The amount of non-Federal funds previously provided or 
     certified as available for the cost of the rural water supply 
     project.
       (4) The extent to which the rural water supply project 
     benefits tribal components.
       (5) The extent to which there is an urgent and compelling 
     need for a rural water supply project that would--
       (A) improve the health or aesthetic quality of water;
       (B) result in continuous, measurable, and significant water 
     quality benefits; or
       (C) address current or future water supply needs of the 
     population served by the rural water supply project.
                                 ______
                                 
  SA 956. Mr. REID proposed an amendment to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
as follows:

       Strike out all after the enacting clause and insert the 
     following:

     DIVISION A--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for energy and water 
     development and related agencies for the fiscal year ending 
     September 30, 2012, and for other purposes, namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

       The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to rivers and harbors, 
     flood and storm damage reduction, short protection, aquatic 
     ecosystem restoration, and related efforts.

                         general investigations

       For expenses necessary where authorized by law for the 
     collection and study of basic information pertaining to river 
     and harbor, flood and storm damage reduction, shore 
     protection, aquatic ecosystem restoration, and related needs; 
     for surveys and detailed studies, and plans and 
     specifications of proposed river and harbor, flood and storm 
     damage reduction, shore protection, and aquatic ecosystem 
     restoration projects and related efforts prior to 
     construction; for restudy of authorized projects; and for 
     miscellaneous investigations and, when authorized by law, 
     surveys and detailed studies, and plans and specifications of 
     projects prior to construction, $125,000,000, to remain 
     available until expended.

                         construction, general

                     (including transfer of funds)

       For expenses necessary for the construction of river and 
     harbor, flood and storm damage reduction, shore protection, 
     aquatic ecosystem restoration, and related projects 
     authorized by law; for conducting detailed studies, and plans 
     and specifications, of such projects (including those 
     involving participation by States, local governments, or 
     private groups) authorized or made eligible for selection by 
     law (but such detailed studies, and plans and specifications, 
     shall not constitute a commitment of the Government to 
     construction); $1,610,000,000, to remain available until 
     expended; of which such sums as are necessary to cover the 
     Federal share of construction costs for facilities under the 
     Dredged Material Disposal Facilities program shall be derived 
     from the Harbor Maintenance Trust Fund as authorized by 
     Public Law 104-303; and of which such sums as are necessary 
     to cover one-half of the costs of construction, replacement, 
     rehabilitation, and expansion of inland waterways projects 
     (including only Lock and Dam 27, Mississippi River, Illinois; 
     Lock and Dams 2, 3, and 4 Monongahela River, Pennsylvania; 
     Olmsted Lock and Dam, Illinois and Kentucky; and Emsworth 
     Locks and Dam, Ohio River, Pennsylvania) shall be derived 
     from the Inland Waterways Trust Fund.

                   mississippi river and tributaries

       For expenses necessary for flood damage reduction projects 
     and related efforts in the Mississippi River alluvial valley 
     below Cape Girardeau, Missouri, as authorized by law, 
     $250,000,000, to remain available until expended, of which 
     such sums as are necessary to cover the Federal share of 
     eligible operation and maintenance costs for inland harbors 
     shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

       For expenses necessary for the operation, maintenance, and 
     care of existing river and harbor, flood and storm damage 
     reduction, aquatic ecosystem restoration, and related 
     projects authorized by law; providing security for 
     infrastructure owned or operated by the Corps, including 
     administrative buildings and laboratories; maintaining harbor 
     channels provided by a State, municipality, or other public 
     agency that serve essential navigation needs of general 
     commerce, where authorized by law; surveying and charting 
     northern and northwestern lakes and connecting waters; 
     clearing and straightening channels; and removing 
     obstructions to navigation, $2,360,000,000, to remain 
     available until expended, of which such sums as are necessary 
     to cover the Federal share of eligible operation and 
     maintenance costs for coastal harbors and channels, and for 
     inland harbors shall be derived from the Harbor Maintenance 
     Trust Fund; of which such sums as become available from the 
     special account for the Corps established by the Land and 
     Water Conservation Act of 1965 (16 U.S.C. 460l-6a(i)) shall 
     be derived from that account for resource protection, 
     research, interpretation, and maintenance activities related 
     to resource protection in areas managed by the Corps at which 
     outdoor recreation is available; and of which such sums as 
     become available from fees collected under section 217 of 
     Public Law 104-303 shall be used to cover the cost of 
     operation and maintenance of the dredged material disposal 
     facilities for which such fees have been collected.

                           regulatory program

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

            formerly utilized sites remedial action program

       For expenses necessary to clean up contamination from sites 
     in the United States resulting from work performed as part of 
     the Nation's early atomic energy program, $109,000,000, to 
     remain available until expended.

[[Page 17393]]



                 flood control and coastal emergencies

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

                            general expenses

       For expenses necessary for the supervision and general 
     administration of the civil works program in the headquarters 
     of the United States Army Corps of Engineers and the offices 
     of the Division Engineers; and for the management and 
     operation of the Humphreys Engineer Center Support Activity, 
     the Institute for Water Resources, the United States Army 
     Engineer Research and Development Center, and the United 
     States Army Corps of Engineers Finance Center, $185,000,000, 
     to remain available until September 30, 2013, of which not to 
     exceed $5,000 may be used for official reception and 
     representation purposes and only during the current fiscal 
     year:  Provided, That no part of any other appropriation 
     provided in title I of this Act shall be available to fund 
     the civil works activities of the Office of the Chief of 
     Engineers or the civil works executive direction and 
     management activities of the division offices:  Provided 
     further, That any Flood Control and Coastal Emergencies 
     appropriation may be used to fund the supervision and general 
     administration of emergency operations, repairs, and other 
     activities in response to any flood, hurricane, or other 
     natural disaster.

     office of the assistant secretary of the army for civil works

       For the Office of the Assistant Secretary of the Army for 
     Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
     $5,000,000, to remain available until September 30, 2013.

                        administrative provision

       The Revolving Fund, Corps of Engineers, shall be available 
     during the current fiscal year for purchase (not to exceed 
     100 for replacement only) and hire of passenger motor 
     vehicles for the civil works program.

             general provisions--corps of engineers--civil

       Sec. 101. (a) None of the funds provided in title I of this 
     Act, or provided by previous appropriations Acts to the 
     agencies or entities funded in title I of this Act that 
     remain available for obligation or expenditure in fiscal year 
     2010, shall be available for obligation or expenditure 
     through a reprogramming of funds that:
       (1) creates or initiates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     this Act, unless prior approval is received from the House 
     and Senate Committees on Appropriations;
       (4) proposes to use funds directed for a specific activity 
     for a different purpose, unless prior approval is received 
     from the House and Senate Committees on Appropriations;
       (5) augments or reduces existing programs, projects or 
     activities in excess of the amounts contained in subsections 
     6 through 10, unless prior approval is received from the 
     House and Senate Committees on Appropriations;
       (6) General investigations.--For a base level over 
     $100,000, reprogramming of 25 percent of the base amount up 
     to a limit of $150,000 per project, study or activity is 
     allowed:  Provided, That for a base level less than $100,000, 
     the reprogramming limit is $25,000:  Provided further, That 
     up to $25,000 may be reprogrammed into any continuing study 
     or activity that did not receive an appropriation for 
     existing obligations and concomitant administrative expenses;
       (7) Construction, general.--For a base level over 
     $2,000,000, reprogramming of 15 percent of the base amount up 
     to a limit of $3,000,000 per project, study or activity is 
     allowed:  Provided, That for a base level less than 
     $2,000,000, the reprogramming limit is $300,000:  Provided 
     further, That up to $3,000,000 may be reprogrammed for 
     settled contractor claims, changed conditions, or real estate 
     deficiency judgments:  Provided further, That up to $300,000 
     may be reprogrammed into any continuing study or activity 
     that did not receive an appropriation for existing 
     obligations and concomitant administrative expenses;
       (8) Operation and maintenance.--Unlimited reprogramming 
     authority is granted in order for the Corps to be able to 
     respond to emergencies:  Provided, That the Chief of 
     Engineers must notify the House and Senate Committees on 
     Appropriations of these emergency actions as soon thereafter 
     as practicable:  Provided further, That for a base level over 
     $1,000,000, reprogramming of 15 percent of the base amount a 
     limit of $5,000,000 per project, study or activity is 
     allowed:  Provided further, That for a base level less than 
     $1,000,000, the reprogramming limit is $150,000:  Provided 
     further, That $150,000 may be reprogrammed into any 
     continuing study or activity that did not receive an 
     appropriation;
       (9) Mississippi river and tributaries.--The same 
     reprogramming guidelines for the Investigations, 
     Construction, and Operation and Maintenance portions of the 
     Mississippi River and Tributaries Account as listed above; 
     and
       (10) Formerly utilized sites remedial action program.--
     Reprogramming of up to 15 percent of the base of the 
     receiving project is permitted.
       (b) De Minimus Reprogrammings.--In no case should a 
     reprogramming for less than $50,000 be submitted to the House 
     and Senate Committees on Appropriations.
       (c) Continuing Authorities Program.--Subsection (a)(1) 
     shall not apply to any project or activity funded under the 
     continuing authorities program.
       (d) Not later than 60 days after the date of enactment of 
     this Act, the Corps of Engineers shall submit a report to the 
     House and Senate Committees on Appropriations to establish 
     the baseline for application of reprogramming and transfer 
     authorities for the current fiscal year:  Provided, That the 
     report shall include:
       (1) A table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) A delineation in the table for each appropriation both 
     by object class and program, project and activity as detailed 
     in the budget appendix for the respective appropriations; and
       (3) An identification of items of special congressional 
     interest.
       Sec. 102.  None of the funds in this Act, or previous Acts, 
     making funds available to the Corps, shall be used to 
     implement any pending or future competitive sourcing actions 
     under OMB Circular A-76 or High Performing Organizations.
       Sec. 103.  None of the funds in this Act, or previous Acts, 
     making funds available to the Corps, shall be used to award 
     any continuing contract that commits additional funding from 
     the Inland Waterways Trust Fund unless or until such time 
     that a long-term mechanism to enhance revenues in this Fund 
     sufficient to meet the cost-sharing authorized in the Water 
     Resources Development Act of 1986 (Public Law 99-662), as 
     amended, is enacted.
       Sec. 104.  Within 120 days of the date of the Chief of 
     Engineers Report on a water resource matter, the Assistant 
     Secretary of the Army (Civil Works) shall submit the report 
     to the appropriate authorizing and appropriating committees 
     of the Congress.
       Sec. 105.  During the fiscal year period covered by this 
     Act, the Secretary of the Army is authorized to implement 
     measures recommended in the efficacy study authorized under 
     section 3061 of the Water Resources Development Act of 2007 
     (121 Stat. 1121) or in interim reports, with such 
     modifications or emergency measures as the Secretary of the 
     Army determines to be appropriate, to prevent aquatic 
     nuisance species from dispersing into the Great Lakes by way 
     of any hydrologic connection between the Great Lakes and the 
     Mississippi River Basin.
       Sec. 106.  The Secretary is authorized to transfer to the 
     ``Construction'' account up to $100,000,000 of the funds 
     provided for reinforcing or replacing flood walls under the 
     ``Flood Control and Coastal Emergencies'' heading in Public 
     Law 109-234 (120 Stat. 455) and Public Law 110-252 (122 Stat. 
     2350) and up to $75,000,000 of the funds provided for 
     projects and measures for the West Bank and Vicinity and Lake 
     Ponchartrain and Vicinity projects under the ``Flood Control 
     and Coastal Emergencies'' heading in Public Law 110-28 (121 
     Stat. 153) to be used with funds provided for the West Bank 
     and Vicinity project under the ``Construction'' heading in 
     Public Law 110-252 (122 Stat. 2349) and Public Law 110-329 
     (122 Stat. 3589), consistent with 65 percent Federal and 35 
     percent non-Federal cost share and the financing of, and 
     payment terms for, the non-Federal cash contribution 
     associated with the West Bank and Vicinity project.
       Sec. 107.  The Secretary of the Army may authorize a member 
     of the Armed Forces under the Secretary's jurisdiction and 
     employees of the Department of the Army to serve without 
     compensation as director, officer, or otherwise in the 
     management of the organization established to support and 
     maintain the participation of the United States in the 
     permanent international commission of the congresses of 
     navigation, or any successor entity.
       Sec. 108. (a) Acquisition.--The Secretary is authorized to 
     acquire any real property and associated real property 
     interests in the vicinity of Hanover, New Hampshire as may be 
     needed for the Engineer Research and Development Center 
     laboratory facilities at the Cold Regions Research and 
     Engineering Laboratory. This real property to be acquired 
     consists of 18.5 acres more or less, identified as Tracts 
     101-1 and 101-2, together with all necessary easements 
     located entirely within the Town of Hanover, New Hampshire. 
     The real property is generally bounded to the east by state 
     route 10-Lyme Road, to the north by the vacant property of 
     the Trustees of the Dartmouth College, to the south by 
     Fletcher Circle graduate student housing owned by the 
     Trustees of Dartmouth College, and to the west by 
     approximately 9 acres of real property acquired in fee 
     through condemnation in 1981 by the Secretary of the Army.

[[Page 17394]]

       (b) Revolving Fund.--The Secretary is authorized to use the 
     Revolving Fund (33 U.S.C. 576) through the Plant Replacement 
     and Improvement Program to acquire the real property and 
     associated real property interests in subsection (a). The 
     Secretary shall ensure that the Revolving Fund is 
     appropriately reimbursed from the benefiting appropriations.
       (c) Right of First Refusal.--The Secretary may provide the 
     Seller of any real property and associated property interests 
     identified in subsection (a)--
       (1) a right of first refusal to acquire such property, or 
     any portion thereof, in the event the property, or any 
     portion thereof, is no longer needed by the Department of the 
     Army.
       (2) a right of first refusal to acquire any real property 
     or associated real property interests acquired by 
     condemnation in Civil Action No. 81-360-L, in the event the 
     property, or any portion thereof, is no longer needed by the 
     Department of the Army.
       (3) the purchase of any property by the Seller exercising 
     either right of first refusal authorized in this section 
     shall be for consideration acceptable to the Secretary and 
     shall be for not less than fair market value at the time the 
     property becomes available for purchase. The right of first 
     refusal authorized in this section shall not inure to the 
     benefit of the Sellers successors or assigns.
       (d) Disposal.--The Secretary of the Army is authorized to 
     dispose of any property or associated real property interests 
     that are subject to the exercise of the right of first 
     refusal as set forth herein.
       Sec. 109.  The Secretary of the Army may transfer, and the 
     Fish and Wildlife Service may accept and expend, up to 
     $3,800,000 of funds provided in this title under the heading 
     ``Operation and Maintenance'', to mitigate for fisheries lost 
     due to Corps of Engineers projects.
       Sec. 110.  The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to fully utilize the Federal 
     dredging fleet in support of all Army Corps of Engineers 
     missions and no restrictions shall be placed on the use or 
     maintenance of any dredge in the Federal Fleet.
       Sec. 111.  The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to maintain the Federal 
     dredging fleet to technologically modern and efficient 
     standards.
       Sec. 112.  The Secretary of the Army, acting through the 
     Chief of Engineers is directed to utilize funds from the 
     revolving fund to expeditiously undertake necessary health 
     and safety improvements, including lead and asbestos 
     abatement, to the dredge ``McFarland'':  Provided, That the 
     Secretary shall ensure that the Revolving Fund is 
     appropriately reimbursed from appropriations of the Corps' 
     benefiting programs by collection each year of amounts 
     sufficient to repay the capitalized cost of such construction 
     and improvements.
       Sec. 113.  With respect to the property covered by the deed 
     described in Auditor's instrument No. 2006-014428 of Benton 
     County, Washington, approximately 1.5 acres, the following 
     deed restrictions are hereby extinguished and of no further 
     force and effect:
       (1) The reversionary interest and use restrictions related 
     to port and industrial purposes;
       (2) The right for the District Engineer to review all pre-
     construction plans and/or specifications pertaining to 
     construction and/or maintenance of any structure intended for 
     human habitation, other building structure, parking lots, or 
     roads, if the elevation of the property is above the standard 
     project flood elevation; and
       (3) The right of the District Engineer to object to, and 
     thereby prevent, in his/her discretion, such activity.
       Sec. 114.  That portion of the project for navigation, 
     Block Island Harbor of Refuge, Rhode Island adopted by the 
     Rivers and Harbors Act of July 11, 1870, consisting of the 
     cut-stone breakwater lining the west side of the Inner Basin; 
     beginning at a point with coordinates N32579.55, E312625.53, 
     thence running northerly about 76.59 feet to a point with 
     coordinates N32655.92, E312631.32, thence running northerly 
     about 206.81 feet to a point with coordinates N32858.33, 
     E312673.74, thence running easterly about 109.00 feet to a 
     point with coordinates N32832.15, E312779.54, shall no longer 
     be authorized after the date of enactment.
       Sec. 115.  The Secretary of the Army, acting through the 
     Chief of Engineers, is authorized, using amounts available in 
     the Revolving Fund established by section 101 of the Act of 
     July 27, 1953, chap. 245 (33 U.S.C. 576), to construct a 
     Consolidated Infrastructure Research Equipment Facility, an 
     Environmental Processes and Risk Lab, a Hydraulic Research 
     Facility, an Engineer Research and Development Center 
     headquarters building, a Modular Hydraulic Flume building, 
     and to purchase real estate, perform construction, and make 
     facility, utility, street, road, and infrastructure 
     improvements to the Engineer Research and Development 
     Center's installations and facilities. The Secretary shall 
     ensure that the Revolving Fund is appropriately reimbursed 
     from the benefitting appropriations.
       Sec. 116.  Section 1148 of the Water Resources Development 
     Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Disposition of Acquired Land.--The Secretary may 
     transfer land acquired under this section to the non-Federal 
     sponsor by quitclaim deed subject to such terms and 
     conditions as the Secretary determines to be in the public 
     interest.''.
       Sec. 117.  The New London Disposal Site and the Cornfield 
     Shoals Disposal Site in Long Island Sound selected by the 
     Department of the Army as alternative dredged material 
     disposal sites under section 103(b) of the Marine Protection, 
     Research, and Sanctuaries Act of 1972, as amended, shall 
     remain open until completion of a Supplemental Environmental 
     Impact Statement to support final designation of an Ocean 
     Dredged Material Disposal Site in eastern Long Island Sound 
     under section 102(c) of the Marine Protection, Research, and 
     Sanctuaries Act of 1972.
       Sec. 118. (a) That portion of the project for navigation, 
     Newport Harbor, Rhode Island adopted by the Rivers and 
     Harbors Acts of March 2, 1907 (34 Stat. 1075); June 25, 1910 
     (36 Stat. 632); August 26, 1937 (50 Stat. 845); and, modified 
     by the Consolidated Appropriations Act, 2000, Public Law 106-
     113, appendix E, title II, section 221 (113 Stat. 1501A-298); 
     consisting of a 13-foot anchorage, an 18-foot anchorage, a 
     21-foot channel, and 18-foot channels described by the 
     following shall no longer be authorized after the date of 
     enactment of this Act: the 21-Foot Entrance Channel, 
     beginning at a point (1) with coordinates 374986.03, 
     150611.01; thence running south 46 degrees 54 minutes 30.7 
     seconds east 900.01 feet to a point (2) with coordinates 
     375643.27, 149996.16; thence running south 8 degrees 4 
     minutes 58.3 east 2,376.87 feet to a point (3) with 
     coordinates 375977.47, 147643.00; thence running south 4 
     degrees 28 minutes 20.4 seconds west 738.56 feet to a point 
     (4) with coordinates 375919.88, 146906.60; thence running 
     south 6 degrees 2 minutes 42.4 seconds east 1,144.00 feet to 
     a point (5) with coordinates 376040.35, 145768.96; thence 
     running south 34 degrees 5 minutes 51.7 seconds west 707.11 
     feet to a point (6) with coordinates 375643.94, 145183.41; 
     thence running south 73 degrees 11 minutes 42.9 seconds west 
     1,300.00 feet to the end point (7) with coordinates 
     374399.46, 144807.57; Returning at a point with coordinates 
     (8) with coordinates 374500.64, 144472.51; thence running 
     north 73 degrees 11 minutes 42.9 seconds east 1,582.85 feet 
     to a point (9) with coordinates 376015.90, 144930.13; thence 
     running north 34 degrees 5 minutes 51.7 seconds east 615.54 
     feet to a point (10) with coordinates 376360.97, 145439.85; 
     thence running north 2 degrees 10 minutes 43.3 seconds west 
     2,236.21 feet to a point (11) with coordinates 376275.96, 
     147674.45; thence running north 8 degrees 4 minutes 55.6 
     seconds west 2,652.83 feet to a point (12) with coordinates 
     375902.99, 150300.93; thence running north 46 degrees 54 
     minutes 30.7 seconds west 881.47 feet to an end point (13) 
     with coordinates 375259.29, 150903.12; and the 18-Foot South 
     Goat Island Channel beginning at a point (14) with 
     coordinates 375509.09, 149444.83; thence running south 25 
     degrees 44 minutes 0.5 second east 430.71 feet to a point 
     (15) with coordinates 375696.10, 149056.84; thence running 
     south 10 degrees 13 minutes 27.4 seconds east 1,540.89 feet 
     to a point (16) with coordinates 375969.61, 147540.41; thence 
     running south 4 degrees 29 minutes 11.3 seconds west 1,662.92 
     feet to a point (17) with coordinates 375839.53, 145882.59; 
     thence running south 34 degrees 5 minutes 51.7 seconds west 
     547.37 feet to a point (18) with coordinates 375532.67, 
     145429.32; thence running south 86 degrees 47 minutes 37.7 
     seconds west 600.01 feet to an end point (19) with 
     coordinates 374933.60, 145395.76; and the 18-Foot Entrance 
     Channel beginning at a point (20) with coordinates 374567.14, 
     144252.33; thence running north 73 degrees 11 minutes 42.9 
     seconds east 1,899.22 feet to a point (21) with coordinates 
     376385.26, 144801.42; thence running north 2 degrees 10 
     minutes 41.5 seconds west 638.89 feet to an end point (10) 
     with coordinates 376360.97, 145439.85; and the 18-Foot South 
     Anchorage beginning at a point (22) with coordinates 
     376286.81, 147389.37; thence running north 78 degrees 56 
     minutes 15.6 seconds east 404.86 feet to a point (23) with 
     coordinates 376684.14, 147467.05; thence running north 78 
     degrees 56 minutes 15.6 seconds east 1,444.33 feet to a point 
     (24) with coordinates 378101.63, 147744.18; thence running 
     south 5 degrees 18 minutes 43.8 seconds west 1,228.20 feet to 
     a point (25) with coordinates 377987.92, 146521.26; thence 
     running south 3 degrees 50 minutes 3.4 seconds east 577.84 
     feet to a point (26) with coordinates 378026.56, 145944.71; 
     thence running south 44 degrees 32 minutes 14.7 seconds west 
     2,314.09 feet to a point (27) with coordinates 376403.52, 
     144295.24 thence running south 60 degrees 5 minutes 58.2 
     seconds west 255.02 feet to an end point (28) with 
     coordinates 376182.45, 144168.12; and the 13-Foot Anchorage 
     beginning at a point (29) with coordinates 376363.39, 
     143666.99; thence running north 63 degrees 34 minutes 19.3 
     seconds east 1,962.37 feet to a point (30) with coordinates 
     378120.68, 144540.38; thence running north 3 degrees 50 
     minutes 3.1 seconds west 1,407.47 feet to an end point (26) 
     with coordinates 378026.56, 145944.71; and the 18-Foot East 
     Channel beginning at a point (23) with coordinates 376684.14, 
     147467.05; thence running north 2 degrees 10 minutes 43.3 
     seconds west 262.95 feet to a point (31) with coordinates 
     376674.14, 147729.81; thence running

[[Page 17395]]

     north 9 degrees 42 minutes 20.3 seconds west 301.35 feet to a 
     point (32) with coordinates 376623.34, 148026.85; thence 
     running south 80 degrees 17 minutes 42.4 seconds west 313.6 
     feet to a point (33) with coordinates 376314.23, 147973.99; 
     thence running north 7 degrees 47 minutes 21.9 seconds west 
     776.24 feet to an end point (34) with coordinates 376209.02, 
     148743.06; and the 18-Foot North Anchorage beginning at a 
     point (35) with coordinates 376123.98, 148744.69; thence 
     running south 88 degrees 54 minutes 16.2 seconds east 377.90 
     feet to a point (36) with coordinates 376501.82, 148737.47; 
     thence running north 9 degrees 42 minutes 19.0 seconds west 
     500.01 feet to a point (37) with coordinates 376417.52, 
     149230.32; thence running north 6 degrees 9 minutes 53.2 
     seconds west 1,300.01 feet to an end point (38) with 
     coordinates 376277.92, 150522.81.
       (b) The area described by the following shall be 
     redesignated as an eighteen-foot channel and turning basin: 
     Beginning at a point (1) with coordinates N144759.41, 
     E374413.16; thence running north 73 degrees 11 minutes 42.9 
     seconds east 1,252.88 feet to a point (2) with coordinates 
     N145121.63, E375612.53; thence running north 26 degrees 29 
     minutes 48.1 seconds east 778.89 feet to a point (3) with 
     coordinates N145818.71, E375960.04; thence running north 0 
     degrees 3 minutes 38.1 seconds west 1,200.24 feet to a point 
     (4) with coordinates N147018.94, E375958.77; thence running 
     north 2 degrees 22 minutes 45.2 seconds east 854.35 feet to a 
     point (5) with coordinates N147872.56, E375994.23; thence 
     running north 7 degrees 47 minutes 21.9 seconds west 753.83 
     feet to a point (6) with coordinates N148619.44, E375892.06; 
     thence running north 88 degrees 46 minutes 16.7 seconds east 
     281.85 feet to a point (7) with coordinates N148625.48, 
     E376173.85; thence running south 7 degrees 47 minutes 21.9 
     seconds east 716.4 feet to a point (8) with coordinates 
     N147915.69, E376270.94; thence running north 80 degrees 17 
     minutes 42.3 seconds east 315.3 feet to a point (9) with 
     coordinates N147968.85, E.76581.73; thence running south 9 
     degrees 42 minutes 20.3 seconds east 248.07 feet to a point 
     (10) with coordinates N147724.33, E376623.55; thence running 
     south 2 degrees 10 minutes 43.3 seconds east 318.09 feet to a 
     point (11) with coordinates N147406.47, E376635.64; thence 
     running north 78 degrees 56 minutes 15.6 seconds east 571.11 
     feet to a point (12) with coordinates N147516.06, E377196.15; 
     thence running south 88 degrees 57 minutes 2.3 seconds east 
     755.09 feet to a point (13) with coordinates N147502.23, 
     E377951.11; thence running south 1 degree 2 minutes 57.7 
     seconds west 100.00 feet to a point (14) with coordinates 
     N147402.25, E377949.28; thence running north 88 degrees 57 
     minutes 2.3 seconds west 744.48 feet to a point (15) with 
     coordinates N147415.88, E377204.92; thence running south 78 
     degrees 56 minutes 15.6 seconds west 931.17 feet to a point 
     (16) with coordinates N147237.21, E376291.06; thence running 
     south 39 degrees 26 minutes 18.7 seconds west 208.34 feet to 
     a point (17) with coordinates N147076.31, E376158.71; thence 
     running south 0 degrees 3 minutes 38.1 seconds east 1,528.26 
     feet to a point (18) with coordinates N145548.05, E376160.32; 
     thence running south 26 degrees 29 minutes 48.1 seconds west 
     686.83 feet to a point (19) with coordinates N144933.37, 
     E375853.90; thence running south 73 degrees 11 minutes 42.9 
     seconds west 1,429.51 feet to end at a point (20) with 
     coordinates N144520.08, E374485.44.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $28,991,000, to remain available 
     until expended, of which $2,000,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account for 
     use by the Utah Reclamation Mitigation and Conservation 
     Commission, and of which $1,550,000 for necessary expenses 
     incurred in carrying out related responsibilities of the 
     Secretary of the Interior. For fiscal year 2012, the 
     Commission may use an amount not to exceed $1,500,000 for 
     administrative expenses.

                      water and related resources

                     (including transfers of funds)

       The following appropriations shall be expended to execute 
     authorized functions of the Bureau of Reclamation:
       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, federally recognized Indian 
     tribes, and others, $885,670,000, to remain available until 
     expended, of which $10,698,000 shall be available for 
     transfer to the Upper Colorado River Basin Fund and 
     $6,136,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund; of which such amounts 
     as may be necessary may be advanced to the Colorado River Dam 
     Fund:  Provided, That such transfers may be increased or 
     decreased within the overall appropriation under this 
     heading:  Provided further, That of the total appropriated, 
     the amount for program activities that can be financed by the 
     Reclamation Fund or the Bureau of Reclamation special fee 
     account established by 16 U.S.C. 460l-6a(i) shall be derived 
     from that Fund or account:  Provided further, That funds 
     contributed under 43 U.S.C. 395 are available until expended 
     for the purposes for which contributed:  Provided further, 
     That funds advanced under 43 U.S.C. 397a shall be credited to 
     this account and are available until expended for the same 
     purposes as the sums appropriated under this heading:  
     Provided further, That of the amounts provided herein, funds 
     may be used for high priority projects which shall be carried 
     out by the Youth Conservation Corps, as authorized by 16 
     U.S.C. 1706.

                central valley project restoration fund

       For carrying out the programs, projects, plans, habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $53,068,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), and 3405(f) of Public Law 102-575, to remain 
     available until expended:  Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575:  
     Provided further, That none of the funds made available under 
     this heading may be used for the acquisition or leasing of 
     water for in-stream purposes if the water is already 
     committed to in-stream purposes by a court adopted decree or 
     order.

                    california bay-delta restoration

                     (including transfers of funds)

       For carrying out activities authorized by the Water Supply, 
     Reliability, and Environmental Improvement Act, consistent 
     with plans to be approved by the Secretary of the Interior, 
     $39,651,000, to remain available until expended, of which 
     such amounts as may be necessary to carry out such activities 
     may be transferred to appropriate accounts of other 
     participating Federal agencies to carry out authorized 
     purposes:  Provided, That funds appropriated herein may be 
     used for the Federal share of the costs of CALFED Program 
     management:  Provided further, That the use of any funds 
     provided to the California Bay-Delta Authority for program-
     wide management and oversight activities shall be subject to 
     the approval of the Secretary of the Interior:  Provided 
     further, That CALFED implementation shall be carried out in a 
     balanced manner with clear performance measures demonstrating 
     concurrent progress in achieving the goals and objectives of 
     the Program.

                       policy and administration

       For necessary expenses of policy, administration, and 
     related functions in the Office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until September 30, 2013, 
     $60,000,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377:  Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

       Sec. 201. (a) None of the funds provided in title II of 
     this Act for Water and Related Resources, or provided by 
     previous appropriations Acts to the agencies or entities 
     funded in title II of this Act for Water and Related 
     Resources that remain available for obligation or expenditure 
     in fiscal year 2010, shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       (1) initiates or creates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by this Act, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate;
       (4) restarts or resumes any program, project or activity 
     for which funds are not provided in this Act, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate;
       (5) transfers funds in excess of the following limits, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:
       (A) 15 percent for any program, project or activity for 
     which $2,000,000 or more is available at the beginning of the 
     fiscal year; or
       (B) $300,000 for any program, project or activity for which 
     less than $2,000,000 is available at the beginning of the 
     fiscal year;
       (6) transfers more than $500,000 from either the Facilities 
     Operation, Maintenance, and Rehabilitation category or the 
     Resources Management and Development category to any program, 
     project, or activity in the

[[Page 17396]]

     other category, unless prior approval is received from the 
     Committees on Appropriations of the House of Representatives 
     and the Senate; or
       (7) transfers, where necessary to discharge legal 
     obligations of the Bureau of Reclamation, more than 
     $5,000,000 to provide adequate funds for settled contractor 
     claims, increased contractor earnings due to accelerated 
     rates of operations, and real estate deficiency judgments, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       (b) Subsection (a)(5) shall not apply to any transfer of 
     funds within the Facilities Operation, Maintenance, and 
     Rehabilitation category.
       (c) For purposes of this section, the term ``transfer'' 
     means any movement of funds into or out of a program, 
     project, or activity.
       (d) The Bureau of Reclamation shall submit reports on a 
     quarterly basis to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing all the 
     funds reprogrammed between programs, projects, activities, or 
     categories of funding. The first quarterly report shall be 
     submitted not later than 60 days after the date of enactment 
     of this Act.
       Sec. 202. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program-Alternative 
     Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan'' 
     described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       Sec. 203.  Section 529(b)(3) of Public Law 106-541, as 
     amended by section 115 of Public Law 109-103, is further 
     amended by striking ``$20,000,000'' and inserting 
     ``$30,000,000'' in lieu thereof.
       Sec. 204.  Section 8 of the Water Desalination Act of 1996 
     (42 U.S.C. 10301 note; Public Law 104-298) is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``2011'' and inserting ``2016''; and
       (2) in subsection (b), by striking ``$25,000,000 for fiscal 
     years 1997 through 2011'' and inserting ``$3,000,000 for each 
     of fiscal years 2012 through 2016''.
       Sec. 205. (a) Permitted Uses.--Section 2507(b) of the Farm 
     Security and Rural Investment Act of 2002 (43 U.S.C. 2211 
     note; Public Law 107-171) is amended--
       (1) in the matter preceding paragraph (1), by striking ``In 
     any case in which there are willing sellers'' and inserting 
     ``For the benefit of at-risk natural desert terminal lakes 
     and associated riparian and watershed resources, in any case 
     in which there are willing sellers or willing participants'';
       (2) in paragraph (2), by striking ``in the Walker River'' 
     and all that follows through ``119 Stat. 2268)''; and
       (3) in paragraph (3), by striking ``in the Walker River 
     Basin''.
       (b) Walker Basin Restoration Program.--Section 208(b) of 
     the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2858) 
     is amended--
       (1) in paragraph (1)(B)(iv), by striking ``exercise water 
     rights'' and inserting ``manage land, water appurtenant to 
     the land, and related interests''; and
       (2) in paragraph (2)(A), by striking ``The amount made 
     available under subsection (a)(1) shall be provided to the 
     National Fish and Wildlife Foundation'' and inserting ``Any 
     amount made available to the National Fish and Wildlife 
     Foundation under subsection (a) shall be provided''.
       Sec. 206.  The Federal policy for addressing California's 
     water supply and environmental issues related to the Bay-
     Delta shall be consistent with State law, including the co-
     equal goals of providing a more reliable water supply for the 
     State of California and protecting, restoring, and enhancing 
     the Delta ecosystem. The Secretary of the Interior, the 
     Secretary of Commerce, the Army Corps of Engineers and the 
     Environmental Protection Agency Administrator shall jointly 
     coordinate the efforts of the relevant agencies and work with 
     the State of California and other stakeholders to complete 
     and issue the Bay Delta Conservation Plan Final Environmental 
     Impact Statement no later than February 15, 2013. Nothing 
     herein modifies existing requirements of Federal law.
       Sec. 207.  The Secretary of the Interior may participate in 
     non-Federal groundwater banking programs to increase the 
     operational flexibility, reliability, and efficient use of 
     water in the State of California, and this participation may 
     include making payment for the storage of Central Valley 
     Project water supplies, the purchase of stored water, the 
     purchase of shares or an interest in ground banking 
     facilities, or the use of Central Valley Project water as a 
     medium of payment for groundwater banking services:  
     Provided, That the Secretary of the Interior shall 
     participate in groundwater banking programs only to the 
     extent allowed under State law and consistent with water 
     rights applicable to the Central Valley Project:  Provided 
     further, That any water user to which banked water is 
     delivered shall pay for such water in the same manner 
     provided by that water user's then-current Central Valley 
     Project water service, repayment, or water rights settlement 
     contract at the rate provided by the then-current Central-
     Valley Project Irrigation or Municipal and Industrial Rate 
     Setting Policies; and:  Provided further, That in 
     implementing this section, the Secretary of the Interior 
     shall comply with applicable environmental laws, including 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) Nothing herein shall alter or limit the 
     Secretary's existing authority to use groundwater banking to 
     meet existing fish and wildlife obligations.
       Sec. 208. (a) Subject to compliance with all applicable 
     Federal and State laws, a transfer of irrigation water among 
     Central Valley Project contractors from the Friant, San 
     Felipe, West San Joaquin, and Delta divisions, and a transfer 
     from a long-term Friant Division water service or repayment 
     contractor to a temporary or prior temporary service 
     contractors within the place of use in existence on the date 
     of the transfer, as identified in the Bureau of Reclamation 
     water rights permits for the Friant Division, shall be 
     considered to meet the conditions described in subparagraphs 
     (A) and (I) of section 3405(a)(1) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4709).
       (b) The Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service and 
     the Commissioner of the Bureau of Reclamation shall initiate 
     and complete, on the most expedited basis practicable, 
     programmatic environmental compliance so as to facilitate 
     voluntary water transfers within the Central Valley Project, 
     consistent with all applicable Federal and State law.
       (c) Not later than 180 days after the date of enactment of 
     this Act and each of the 4 years thereafter, the Commissioner 
     of the Bureau of Reclamation shall submit to the committee on 
     Appropriations of the House of Representatives and the 
     Committee on Appropriations of the Senate a report that 
     describes the status of efforts to help facilitate and 
     improve the water transfers within the Central Valley Project 
     and water transfers between the Central Valley Project and 
     other water projects in the State of California; evaluates 
     potential effects of this Act on Federal programs, Indian 
     tribes, Central Valley Project operations, the environment, 
     groundwater aquifers, refuges, and communities; and provides 
     recommendations on ways to facilitate and improve the process 
     for these transfers.
       Sec. 209.  Section 10009(c)(2) of the San Joaquin River 
     Restoration Settlement Act (Public Law 111-11; 123 Stat. 
     1356) is amended by striking ``October 1, 2019, all funds in 
     the Fund shall be available for expenditure without further 
     appropriation.'' and inserting ``October 1, 2014, all funds 
     in the Fund shall be available for expenditure on an annual 
     basis in an amount not to exceed $40,000,000 without further 
     appropriation.'' in lieu thereof.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy efficiency and 
     renewable energy activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $1,795,641,000, to 
     remain available until expended:  Provided, That $165,000,000 
     shall be available until September 30, 2013 for program 
     direction:  Provided further, That of the amount 
     appropriated, the Secretary may use not more than 
     $170,000,000 for activities of the Department of Energy 
     pursuant to the Defense Production Act of 1950 (50 U.S.C. 
     App. 2061, et seq.):  Provided further, That within 12 months 
     of the date of enactment, the Secretary shall initiate 
     separate rulemakings to establish efficiency standards for 
     televisions and set top television boxes.

              Electricity Delivery and Energy Reliability

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and

[[Page 17397]]

     other expenses necessary for electricity delivery and energy 
     reliability activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $141,010,000, to 
     remain available until expended:  Provided, That $27,010,000 
     shall be available until September 30, 2013 for program 
     direction.

                             Nuclear Energy

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for nuclear energy activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not more than 10 buses, all 
     for replacement only, $583,834,000, to remain available until 
     expended:  Provided, That $86,279,000 shall be available 
     until September 30, 2013 for program direction:  Provided 
     further, That, notwithstanding any other provision of law, 
     the Department shall develop a strategy within 3 months of 
     the publication of the final report of the Blue Ribbon 
     Commission on America's Nuclear Future to manage spent 
     nuclear fuel and other nuclear waste at consolidated storage 
     facilities and permanent repositories that can be implemented 
     as expeditiously as possible.

                 Fossil Energy Research and Development

                         (including rescission)

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $445,471,000, to remain available until expended:  Provided, 
     That $151,729,000 shall be available until September 30, 2013 
     for program direction:  Provided further, That for all 
     programs funded under Fossil Energy appropriations in this 
     Act or any other Act, the Secretary may vest fee title or 
     other property interests acquired under projects in any 
     entity, including the United States:  Provided further, That 
     of prior-year balances, $187,000,000 are hereby rescinded:  
     Provided further, That no rescission made by the previous 
     proviso shall apply to any amount previously appropriated in 
     Public Law 111-5 or designated by the Congress as an 
     emergency requirement pursuant to a concurrent resolution on 
     the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                 Naval Petroleum and Oil Shale Reserves

       For expenses necessary to carry out naval petroleum and oil 
     shale reserve activities, $14,909,000, to remain available 
     until expended:  Provided, That, notwithstanding any other 
     provision of law, unobligated funds remaining from prior 
     years shall be available for all naval petroleum and oil 
     shale reserve activities.

                      Strategic Petroleum Reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $192,704,000, 
     to remain available until expended.

                         spr petroleum account

       Notwithstanding sections 161 and 167 of the Energy Policy 
     and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of 
     Energy shall sell $500,00,000 in petroleum products from the 
     Reserve not later than March 1, 2012, and shall deposit any 
     proceeds from such sales in the General Fund of the Treasury: 
      Provided, That paragraphs (a)(1) and (2) of section 160 of 
     the Energy Policy and Conservation Act of 1975 (42 U.S.C. 
     6240(a)(1) and (2)) are hereby repealed:  Provided further, 
     That unobligated balances in this account shall be available 
     to cover the costs of any sale under this Act.

                   Northeast Home Heating Oil Reserve

                         (including rescission)

       For necessary expenses for Northeast Home Heating Oil 
     Reserve storage, operation, and management activities 
     pursuant to the Energy Policy and Conservation Act, 
     $10,119,000, to remain available until expended:  Provided, 
     That amounts net of the purchase of 1 million barrels of 
     petroleum distillates in fiscal year 2011; costs related to 
     transportation, delivery, and storage; and sales of petroleum 
     distillate from the Reserve under section 182 of the Energy 
     Policy and Conservation Act of 1975 (42 U.S.C. 6250a) are 
     hereby rescinded.

                   Energy Information Administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $105,000,000, to 
     remain available until expended.

                   Non-defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     cleanup activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $219,121,000, to 
     remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions, and other activities of title II of the Atomic 
     Energy Act of 1954, and title X, subtitle A, of the Energy 
     Policy Act of 1992, $429,000,000, to be derived from the 
     Uranium Enrichment Decontamination and Decommissioning Fund, 
     to remain available until expended.

                                Science

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not more than 49 passenger motor 
     vehicles for replacement only, including one ambulance and 
     one bus, $4,842,665,000, to remain available until expended:  
     Provided, That $180,786,000 shall be available until 
     September 30, 2013 for program direction.

               Advanced Research Projects Agency--Energy

       For necessary expenses in carrying out the activities 
     authorized by section 5012 of the America COMPETES Act 
     (Public Law 110-69), as amended, $250,000,000, to remain 
     available until expended.

         Title 17 Innovative Technology Loan Guarantee Program

       Subject to section 502 of the Congressional Budget Act of 
     1974, for the cost of loan guarantees for renewable energy or 
     efficient end-use energy technologies under section 1703 of 
     the Energy Policy Act of 2005, $200,000,000 is appropriated 
     to remain available until expended:  Provided, That the 
     amounts in this section are in addition to those provided in 
     any other Act:  Provided further, That, notwithstanding 
     section 1703(a)(2) of the Energy Policy Act of 2005, funds 
     appropriated for the cost of loan guarantees are also 
     available for projects for which an application has been 
     submitted to the Department of Energy prior to February 24, 
     2011, in whole or in part, for a loan guarantee under 1705 of 
     the Energy Policy Act of 2005:  Provided further, That an 
     additional amount for necessary administrative expenses to 
     carry out this Loan Guarantee program, $38,000,000 is 
     appropriated, to remain available until expended:  Provided 
     further, That $38,000,000 of the fees collected pursuant to 
     section 1702(h) of the Energy Policy Act of 2005 shall be 
     credited as offsetting collections to this account to cover 
     administrative expenses and shall remain available until 
     expended, so as to result in a final fiscal year 2011 
     appropriations from the general fund estimated at not more 
     than $0:  Provided further, That fees collected under section 
     1702(h) in excess of the amount appropriated for 
     administrative expenses shall not be available until 
     appropriated:  Provided further, That for amounts collected 
     pursuant to section 1702(b)(2) of the Energy Policy Act of 
     2005, the source of such payment received from borrowers is 
     not a loan or other debt obligation that is guaranteed by the 
     Federal Government:  Provided further, That pursuant to 
     section 1702(b)(2) of the Energy Policy Act of 2005, no 
     appropriations are available to pay the subsidy cost of such 
     guarantees for nuclear power or fossil energy facilities:  
     Provided further, That none of the loan guarantee authority 
     made available in this Act shall be available for commitments 
     to guarantee loans for any projects where funds, personnel, 
     or property (tangible or intangible) of any Federal agency, 
     instrumentality, personnel or affiliated entity are expected 
     to be used (directly or indirectly) through acquisitions, 
     contracts, demonstrations, exchanges, grants, incentives, 
     leases, procurements, sales, other transaction authority, or 
     other arrangements, to support the project or to obtain goods 
     or services from the project:  Provided further, That the 
     previous provision shall not be interpreted as precluding the 
     use of the loan guarantee authority in this Act for 
     commitment to guarantee loans for projects as a result of 
     such projects benefiting from (a) otherwise allowable Federal 
     income tax benefits; (b) being located on Federal land 
     pursuant to a lease or right-of-way agreement for which all 
     consideration for all uses is (i) paid exclusively in cash, 
     (ii) deposited in the Treasury as offsetting receipts, and 
     (iii) equal to the fair market value as determined by the 
     head of the relevant Federal agency; (c) Federal insurance 
     programs, including Price-Anderson; or (d) for electric 
     generation projects, use of transmission facilities owned or 
     operated by a Federal Power Marketing Administration or the 
     Tennessee Valley Authority that have

[[Page 17398]]

     been authorized, approved, and financed independent of the 
     project receiving the guarantee:  Provided further, That none 
     of the loan guarantee authority made available in this Act 
     shall be available for any project unless the Director of the 
     Office of Management and Budget has certified in advance in 
     writing that the loan guarantee and the project comply with 
     the provisions under this title.

        Advanced Technology Vehicles Manufacturing Loan Program

       For administrative expenses in carrying out the Advanced 
     Technology Vehicles Manufacturing Loan Program, $6,000,000, 
     to remain available until expended.

                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     not to exceed $30,000, $237,623,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511 et seq.):  Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended:  
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $111,883,000 in 
     fiscal year 2012 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302:  Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during 2012, 
     and any related appropriated receipt account balances 
     remaining from prior years' miscellaneous revenues, so as to 
     result in a final fiscal year 2012 appropriation from the 
     general fund estimated at not more than $125,740,000.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $41,774,000, to remain 
     available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, the purchase of not 
     to exceed one ambulance and one aircraft; $7,190,000,000, to 
     remain available until expended.

                    Defense Nuclear Nonproliferation

                         (including rescission)

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for defense nuclear 
     nonproliferation activities, in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed one passenger motor vehicle for replacement 
     only, $2,404,300,000, to remain available until expended:  
     Provided, That of the unobligated balances available under 
     this heading, $21,000,000 are hereby rescinded.

                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, $1,100,000,000, to remain 
     available until expended.

                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     in the National Nuclear Security Administration, including 
     official reception and representation expenses not to exceed 
     $12,000,$404,000,000, to remain available until September 30, 
     2013.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental cleanup activities in carrying out the purposes 
     of the Department of Energy Organization Act (42 U.S.C. 7101 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed one ambulances and one fire truck for 
     replacement only, $5,002,308,000, to remain available until 
     expended:  Provided, That $321,628,000 shall be available 
     until September 30, 2013 for program direction.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses, necessary for atomic energy defense, 
     other defense activities, and classified activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not to exceed 10 passenger 
     motor vehicles for replacement only, $819,000,000, to remain 
     available until expended.

                     POWER MARKETING ADMINISTRATION

                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     the Kootenai River Native Fish Conservation Aquaculture 
     Program, Lolo Creek Permanent Weir Facility, and Improving 
     Anadromous Fish production on the Warm Springs Reservation, 
     and, in addition, for official reception and representation 
     expenses in an amount not to exceed $7,000. During fiscal 
     year 2012, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, including transmission wheeling and ancillary 
     services pursuant to section 5 of the Flood Control Act of 
     1944 (16 U.S.C. 825s), as applied to the southeastern power 
     area, $8,428,000, to remain available until expended:  
     Provided, That notwithstanding 31 U.S.C. 3302 and section 5 
     of the Flood Control Act of 1944, up to $8,428,000 collected 
     by the Southeastern Power Administration from the sale of 
     power and related services shall be credited to this account 
     as discretionary offsetting collections, to remain available 
     until expended for the sole purpose of funding the annual 
     expenses of the Southeastern Power Administration:  Provided 
     further, That the sum herein appropriated for annual expenses 
     shall be reduced as collections are received during the 
     fiscal year so as to result in a final fiscal year 2012 
     appropriation estimated at not more than $0:  Provided 
     further, That, notwithstanding 31 U.S.C. 3302, up to 
     $100,162,000 collected by the Southeastern Power 
     Administration pursuant to the Flood Control Act of 1944 to 
     recover purchase power and wheeling expenses shall be 
     credited to this account as offsetting collections, to remain 
     available until expended for the sole purpose of making 
     purchase power and wheeling expenditures:  Provided further, 
     That for purposes of this appropriation, annual expenses 
     means expenditures that are generally recovered in the same 
     year that they are incurred (excluding purchase power and 
     wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, for construction and acquisition of transmission 
     lines, substations and appurtenant facilities, and for 
     administrative expenses, including official reception and 
     representation expenses in an amount not to exceed $1,500 in 
     carrying out section 5 of the Flood Control Act of 1944 (16 
     U.S.C. 825s), as applied to the Southwestern Power 
     Administration, $45,010,000, to remain available until 
     expended:  Provided, That notwithstanding 31 U.S.C. 3302 and 
     section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 
     up to $33,118,000 collected by the Southwestern Power 
     Administration from the sale of power and related services 
     shall be credited to this account as discretionary offsetting 
     collections, to remain available until expended, for the sole 
     purpose of funding the annual expenses of the Southwestern 
     Power Administration:  Provided further, That the sum herein 
     appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2012 appropriation estimated at 
     not more than $11,892,000:  Provided further, That, 
     notwithstanding 31 U.S.C. 3302, up to $40,000,000 collected 
     by the Southwestern Power Administration pursuant to the 
     Flood Control Act of 1944 to recover purchase power and 
     wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures:  Provided further, That for purposes of this 
     appropriation, annual expenses means expenditures that are 
     generally recovered in the same year that they are incurred 
     (excluding purchase power and wheeling expenses).

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

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of

[[Page 17399]]

     August 4, 1977 (42 U.S.C. 7152), and other related activities 
     including conservation and renewable resources programs as 
     authorized, including official reception and representation 
     expenses in an amount not to exceed $1,500; $285,900,000, to 
     remain available until expended, of which $278,856,000 shall 
     be derived from the Department of the Interior Reclamation 
     Fund:  Provided, That notwithstanding 31 U.S.C. 3302, section 
     5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and 
     section 1 of the Interior Department Appropriation Act, 1939 
     (43 U.S.C. 392a), up to $189,932,000 collected by the Western 
     Area Power Administration from the sale of power and related 
     services shall be credited to this account as discretionary 
     offsetting collections, to remain available until expended, 
     for the sole purpose of funding the annual expenses of the 
     Western Area Power Administration:  Provided further, That 
     the sum herein appropriated for annual expenses shall be 
     reduced as collections are received during the fiscal year so 
     as to result in a final fiscal year 2012 appropriation 
     estimated at not more than $95,968,000, of which $88,924,000 
     is derived from the Reclamation Fund:  Provided further, That 
     of the amount herein appropriated, not more than $3,375,000 
     is for deposit into the Utah Reclamation Mitigation and 
     Conservation Account pursuant to title IV of the Reclamation 
     Projects Authorization and Adjustment Act of 1992:  Provided 
     further, That notwithstanding 31 U.S.C. 3302, up to 
     $306,541,000 collected by the Western Area Power 
     Administration pursuant to the Flood Control Act of 1944 and 
     the Reclamation Project Act of 1939 to recover purchase power 
     and wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures:  Provided further, That for purposes of this 
     appropriation, annual expenses means expenditures that are 
     generally recovered in the same year that they are incurred 
     (excluding purchase power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $4,169,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 2 of the Act of June 18, 1954 (68 Stat. 255) as 
     amended:  Provided, That notwithstanding the provisions of 
     that Act and of 31 U.S.C. 3302, up to $3,949,000 collected by 
     the Western Area Power Administration from the sale of power 
     and related services from the Falcon and Amistad Dams shall 
     be credited to this account as discretionary offsetting 
     collections, to remain available until expended for the sole 
     purpose of funding the annual expenses of the hydroelectric 
     facilities of these Dams and associated Western Area Power 
     Administration activities:  Provided further, That the sum 
     herein appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2012 appropriation estimated at 
     not more than $220,000:  Provided further, That for purposes 
     of this appropriation, annual expenses means expenditures 
     that are generally recovered in the same year that they are 
     incurred.

                  Federal Energy Regulatory Commission

                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses not to exceed $3,000,$304,600,000, to 
     remain available until expended:  Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $304,600,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2012 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended:  Provided further, 
     That the sum herein appropriated from the general fund shall 
     be reduced as revenues are received during fiscal year 2012 
     so as to result in a final fiscal year 2012 appropriation 
     from the general fund estimated at not more than $0:  
     Provided further, That not later than 180 days after the date 
     of enactment of this Act, the Commission shall issue such 
     regulations as are necessary to clarify that a State may 
     establish rates for the wholesale sale of electric energy in 
     interstate commerce pursuant to the Public Utility Regulatory 
     Policies Act of 1978 such that those rates shall not unduly 
     discriminate against the qualifying cogeneration facility or 
     qualifying small power production facility selling the 
     electric energy or exceed the costs to produce and deliver 
     the electric energy, as determined for the specific 
     technology at issue.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

       Sec. 301.  The unexpended balances of prior appropriations 
     provided for activities in this Act may be available to the 
     same appropriation accounts for such activities established 
     pursuant to this title. Available balances may be merged with 
     funds in the applicable established accounts and thereafter 
     may be accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 302.  When the Department of Energy makes a user 
     facility available to universities or other potential users, 
     or seeks input from universities or other potential users 
     regarding significant characteristics or equipment in a user 
     facility or a proposed user facility, the Department shall 
     ensure broad public notice of such availability or such need 
     for input to universities and other potential users. When the 
     Department of Energy considers the participation of a 
     university or other potential user as a formal partner in the 
     establishment or operation of a user facility, the Department 
     shall employ full and open competition in selecting such a 
     partner. For purposes of this section, the term ``user 
     facility'' includes, but is not limited to:
       (1) a user facility as described in section 2203(a)(2) of 
     the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2));
       (2) a National Nuclear Security Administration Defense 
     Programs Technology Deployment Center/User Facility; and
       (3) any other Departmental facility designated by the 
     Department as a user facility.
       Sec. 303.  Funds appropriated by this or any other Act, or 
     made available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2012 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2012.
       Sec. 304. (a) Submission to Congress.--The Secretary of 
     Energy shall submit to Congress each year, at the time that 
     the President's budget is submitted to Congress that year 
     under section 1105(a) of title 31, United States Code, a 
     future-years energy program reflecting the estimated 
     expenditures and proposed appropriations included in that 
     budget. Any such future-years energy program shall cover the 
     fiscal year with respect to which the budget is submitted and 
     at least the four succeeding fiscal years. A future-years 
     energy program shall be included in the fiscal year 2014 
     budget submission to Congress and every fiscal year 
     thereafter.
       (b) Elements.--Each future-years energy program shall 
     contain the following:
       (1) The estimated expenditures and proposed appropriations 
     necessary to support programs, projects, and activities of 
     the Secretary of Energy during the 5-fiscal year period 
     covered by the program, expressed in a level of detail 
     comparable to that contained in the budget submitted by the 
     President to Congress under section 1105 of title 31, United 
     States Code.
       (2) The estimated expenditures and proposed appropriations 
     shaped by high-level, prioritized program and budgetary 
     guidance that is consistent with the administration's 
     policies and out year budget projections and reviewed by 
     DOE's senior leadership to ensure that the future-years 
     energy program is consistent and congruent with previously 
     established program and budgetary guidance.
       (3) A description of the anticipated workload requirements 
     for each DOE national laboratory during the 5-fiscal year 
     period.
       (c) Consistency in Budgeting.--
       (1) The Secretary of Energy shall ensure that amounts 
     described in subparagraph (A) of paragraph (2) for any fiscal 
     year are consistent with amounts described in subparagraph 
     (B) of paragraph (2) for that fiscal year.
       (2) Amounts referred to in paragraph (1) are the following:
       (A) The amounts specified in program and budget information 
     submitted to Congress by the Secretary of Energy in support 
     of expenditure estimates and proposed appropriations in the 
     budget submitted to Congress by the President under section 
     1105(a) of title 31, United States Code, for any fiscal year, 
     as shown in the future-years energy program submitted 
     pursuant to subsection (a).
       (B) The total amounts of estimated expenditures and 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the administration included 
     pursuant to paragraph (5) of section 1105(a) of such title in 
     the budget submitted to Congress under that section for any 
     fiscal year.
       Sec. 305.  Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost of the guarantee has 
     been made;
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the guarantee and deposited 
     the payment into the Treasury; or
       ``(C) a combination of one or more appropriations under 
     subparagraph (A) and one or more payments from the borrower 
     under subparagraph (B) has been made that is sufficient to 
     cover the cost of the guarantee.''.
       Sec. 306.  Plant or construction projects for which amounts 
     are made available under this and subsequent appropriation 
     Acts with a current estimated cost of less than $10,000,000 
     are considered for purposes of section 4703 of Public Law 
     107-314 as a plant

[[Page 17400]]

     project for which the approved total estimated cost does not 
     exceed the minor construction threshold and for purposes of 
     section 4704 of Public Law 107-314 as a construction project 
     with a current estimated cost of less than a minor 
     construction threshold.
       Sec. 307.  In section 839b(h)(10)(B) of title 16, United 
     States Code, strike ``$1,000,000'' and insert ``$5,000,000.''

                              (rescission)

       Sec. 308.  None of the funds in this Act or any other Act 
     shall be used to deposit funds in excess of $25,000,000 from 
     any Federal royalties, rents, and bonuses derived from 
     Federal onshore and off-shore oil and gas leases issued under 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
     seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
     into the Ultra-Deepwater and Unconventional Natural Gas and 
     Other Petroleum Research Fund.

                              (rescission)

       Sec. 309.  Of the amounts appropriated in this title, 
     $73,700,000 are hereby rescinded, to reflect savings from the 
     contractor pay freeze instituted by the Department. The 
     Department shall allocate the rescission among the 
     appropriations made in this title.
       Sec. 310.  Recipients of grants awarded by the Department 
     in excess of $1,000,000 shall certify that they will, by the 
     end of the fiscal year, upgrade the efficiency of their 
     facilities by replacing any lighting that does not meet or 
     exceed the energy efficiency standard for incandescent light 
     bulbs set forth in section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295).
       Sec. 311. (a) Any determination (including a determination 
     made prior to the date of enactment of this Act) by the 
     Secretary pursuant to section 3112(d)(2)(B) of the USEC 
     Privatization Act (110 Stat. 1321-335), as amended, that the 
     sale or transfer of uranium will not have an adverse material 
     impact on the domestic uranium mining, conversion, or 
     enrichment industry shall be valid for not more than 2 
     calendar years subsequent to such determination.
       (b) Not less than 30 days prior to the transfer, sale, 
     barter, distribution, or other provision of uranium in any 
     form for the purpose of accelerating cleanup at a Federal 
     site, the Secretary shall notify the House and Senate 
     Committees on Appropriations of the following:
       (1) the amount of uranium to be transferred, sold, 
     bartered, distributed, or otherwise provided;
       (2) an estimate by the Secretary of the gross market value 
     of the uranium on the expected date of the transfer, sale, 
     barter, distribution, or other provision of the uranium;
       (3) the expected date of transfer, sale, barter, 
     distribution, or other provision of the uranium;
       (4) the recipient of the uranium; and
       (5) the value of the services the Secretary expects to 
     receive in exchange for the uranium, including any reductions 
     to the gross value of the uranium by the recipient.
       (c) Not later than June 30, 2012, the Secretary shall 
     submit to the House and Senate Committees on Appropriations a 
     revised excess uranium inventory management plan for fiscal 
     years 2013 through 2018.
       (d) Not later than December 31, 2011 the Secretary shall 
     submit to the House and Senate Committees on Appropriations a 
     report evaluating the economic feasibility of re-enriching 
     depleted uranium located at Federal sites.
       Sec. 312. (a) The Secretary of Energy may allow a third 
     party, on a fee-for-service basis, to operate and maintain a 
     metering station of the Strategic Petroleum Reserve that is 
     underutilized (as defined in section 102-75.50 of title 41, 
     Code of Federal Regulations (or successor regulations)) and 
     related equipment.
       (b) Funds collected under subsection (a) shall be deposited 
     in the general fund of the Treasury.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, for necessary expenses for the Federal Co-Chairman 
     and the Alternate on the Appalachian Regional Commission, for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109, and hire of passenger motor vehicles, 
     $58,024,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $29,130,000, to remain available until 
     September 30, 2013:  Provided, That within 90 days of 
     enactment of this Act the Defense Nuclear Facilities Safety 
     Board shall enter into an agreement for fiscal year 2012 and 
     hereafter with the Office of the Inspector General of either 
     the Nuclear Regulatory Commission or the Department of Energy 
     for inspector general services.

                        Delta Regional Authority

                         salaries and expenses

       For necessary expenses of the Delta Regional Authority and 
     to carry out its activities, as authorized by the Delta 
     Regional Authority Act of 2000, as amended, notwithstanding 
     sections 382C(b)(2), 382F(d), 382M, and 382N of said Act, 
     $9,925,000, to remain available until expended.

                           Denali Commission

       For expenses of the Denali Commission including the 
     purchase, construction, and acquisition of plant and capital 
     equipment as necessary and other expenses, $9,077,000, to 
     remain available until expended, notwithstanding the 
     limitations contained in section 306(g) of the Denali 
     Commission Act of 1998:  Provided, That funds shall be 
     available for construction projects in an amount not to 
     exceed 80 percent of total project cost for distressed 
     communities, as defined by section 307 of the Denali 
     Commission Act of 1998 (division C, title III, Public Law 
     105-277), as amended by section 701 of appendix D, title VII, 
     Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
     to exceed 50 percent for non-distressed communities.

                     Nuclear Regulatory Commission

                         salaries and expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $25,000), $1,027,240,000, to remain available until expended: 
      Provided, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $899,726,000 in fiscal year 2012 shall be retained and used 
     for necessary salaries and expenses in this account, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended:  Provided further, That the sum herein 
     appropriated shall be reduced by the amount of revenues 
     received during fiscal year 2012 so as to result in a final 
     fiscal year 2012 appropriation estimated at not more than 
     $127,514,000.

                      office of inspector general

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $10,860,000, to remain available until 
     expended: Provided, That revenues from licensing fees, 
     inspection services, and other services and collections 
     estimated at $9,774,000 in fiscal year 2012 shall be retained 
     and be available until expended, for necessary salaries and 
     expenses in this account, notwithstanding section 3302 of 
     title 31, United States Code: Provided further, That the sum 
     herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 2012 so as to result in 
     a final fiscal year 2012 appropriation estimated at not more 
     than $1,086,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $3,400,000 to be derived from the Nuclear Waste Fund, 
     and to remain available until expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

       For necessary expenses for the Office of the Federal 
     Coordinator for Alaska Natural Gas Transportation Projects 
     pursuant to the Alaska Natural Gas Pipeline Act of 2004, 
     $1,000,000.

                  Northern Border Regional Commission

       For necessary expenses of the Northern Border Regional 
     Commission in carrying out activities authorized by subtitle 
     V of title 40, United States Code, $1,275,000, to remain 
     available until expended:  Provided, That such amounts shall 
     be available for administrative expenses, notwithstanding 
     section 15751(b) of title 40, United States Code.

                 Southeast Crescent Regional Commission

       For necessary expenses of the Southeast Crescent Regional 
     Commission in carrying out activities authorized by subtitle 
     V of title 40, United States Code, $213,000, to remain 
     available until expended.

                           GENERAL PROVISIONS

       Sec. 401. (a) Definitions.--In this section:
       (1) Chairperson.--The term ``Chairperson'' means the 
     Chairperson of the Commission.
       (2) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (3) Spent fuel pool.--The term ``spent fuel pool'' means an 
     underwater storage and cooling facility for spent (or 
     depleted) fuel assemblies that have been removed from a 
     reactor.
       (b) As soon as practicable after the date of enactment of 
     this Act, the Chairperson shall order licencees to, in 
     accordance with the recommendations of the 90-day task force 
     of the Commission, enhance spent fuel pools by:
       (1) providing sufficient safety-related instrumentation 
     that is able to withstand design-basis natural phenomena to 
     monitor key spent fuel pool parameters (such as water level, 
     temperature, and area radiation levels) from a control room;
       (2) providing safety-related, alternating-current 
     electrical power for the spent fuel pool makeup system;
       (3) providing onsite emergency electrical power for spent 
     fuel pools and instrumentation for cases in which there 
     exists irradiated fuel in a spent fuel pool, regardless of

[[Page 17401]]

     the operational mode of the relevant reactor; and
       (4) installing a seismically qualified means to spray water 
     into spent fuel pools, including an easily accessible 
     connection to supply the water (such as using a portable pump 
     or pumper truck) at grade outside a relevant structure.
       Sec. 402.  Consistent with the findings of its 90 Day Task 
     Force, the Nuclear Regulatory Commission shall order 
     licensees to reevaluate the seismic, tsunami, flooding and 
     other hazards at their sites as expeditiously as possible, 
     and thereafter, at least once every 10 years, and the 
     Commission shall require licensees to demonstrate to the 
     Commission that the design basis of structures, systems, and 
     components for each operating reactor meet current NRC 
     requirements and guidance with regard to these threats. The 
     Commission shall require licensees to update the design basis 
     of structures, systems, and components for each operating 
     reactor, if necessary.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  None of the funds appropriated by this Act may 
     be used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 502.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in this Act 
     or any other appropriation Act.

                                TITLE VI

                 ADDITIONAL FUNDING FOR DISASTER RELIEF

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                   mississippi river and tributaries

       For an additional amount for ``Mississippi River and 
     Tributaries'' for expenses resulting from a major disaster 
     designation pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), 
     $890,177,300, to remain available until expended for repair 
     of damages to Federal projects:  Provided, That the Assistant 
     Secretary of the Army for Civil Works shall provide a monthly 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the allocation and 
     obligation of these funds, beginning not later than 60 days 
     after enactment of this Act:  Provided further, That the 
     amount in this paragraph is designated by Congress as being 
     for disaster relief pursuant to section 251(b)(2)(D) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.

                       operation and maintenance

       For an additional amount for ``Operation and Maintenance'' 
     for expenses resulting from a major disaster designation 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122(2)) to dredge 
     navigation channels and repair damage to Corps projects 
     nationwide, $88,003,700, to remain available until expended:  
     Provided, That the Assistant Secretary of the Army for Civil 
     Works shall provide a monthly report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation and obligation of these funds, 
     beginning not later than 60 days after enactment of this Act: 
      Provided further, That the amount in this paragraph is 
     designated by Congress as being for disaster relief pursuant 
     to section 251(b)(2)(D) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (Public Law 99-177), as amended.

                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', for expenses resulting from a major disaster 
     designation pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) as 
     authorized by section 5 of the Act of August 18, 1941 (33 
     U.S.C. 701n), for necessary expenses to prepare for flood, 
     hurricane and other natural disasters and support emergency 
     operations, repair and other activities in response to recent 
     natural disasters as authorized by law, $66,387,000, to 
     remain available until expended:  Provided, That the 
     Assistant Secretary of the Army for Civil Works shall provide 
     a monthly report to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing the 
     allocation and obligation of these funds, beginning not later 
     than 60 days after enactment of this Act:  Provided further, 
     That the amount in this paragraph is designated by Congress 
     as being for disaster relief pursuant to section 251(b)(2)(D) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.
       This Act may be cited as the ``Energy and Water Development 
     and Related Agencies Appropriations Act, 2012''.

         DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for financial 
     services and general government for the fiscal year ending 
     September 30, 2012, and for other purposes, namely:

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of official 
     business, $306,388,000, including for terrorism and financial 
     intelligence activities; executive direction program 
     activities; international affairs and economic policy 
     activities; domestic finance and tax policy activities; and 
     Treasury-wide management policies and programs activities:  
     Provided, That of the amount appropriated under this heading, 
     not to exceed $3,000,000, to remain available until September 
     30, 2013, is for information technology modernization 
     requirements; not to exceed $200,000 is for official 
     reception and representation expenses; $200,000 is to support 
     international representation commitments of the Secretary; 
     and not to exceed $258,000 is for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Secretary of the Treasury and to be 
     accounted for solely on his certificate:  Provided further, 
     That of the amount appropriated under this heading, 
     $6,787,000, to remain available until September 30, 2013, is 
     for the Treasury-wide Financial Statement Audit and Internal 
     Control Program, of which such amounts as may be necessary 
     may be transferred to accounts of the Department's offices 
     and bureaus to conduct audits:  Provided further, That this 
     transfer authority shall be in addition to any other provided 
     in this Act:  Provided further, That of the amount 
     appropriated under this heading, $500,000, to remain 
     available until September 30, 2013, is for secure space 
     requirements:  Provided further, That of the amount 
     appropriated under this heading, up to $3,400,000, to remain 
     available until September 30, 2014, is to develop and 
     implement programs within the Office of Critical 
     Infrastructure Protection and Compliance Policy, including 
     entering into cooperative agreements:  Provided further, That 
     notwithstanding any other provision of law, up to $1,000,000, 
     may be contributed to the Global Forum on Transparency and 
     Exchange of Information for Tax Purposes, a Part II Program 
     of the Organization for Economic Cooperation and Development, 
     to cover the cost assessed by that organization for 
     Treasury's participation therein:  Provided further, That of 
     the amount appropriated under this heading, up to $2,500,000 
     may be used for training, recruitment, retention, and hiring 
     additional members of the acquisition workforce as defined by 
     the Office of Federal Procurement Policy Act, as amended (41 
     U.S.C. 401 et seq.) and for information technology in support 
     of acquisition workforce effectiveness and management.

                      office of inspector general

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $29,641,000, of which not to exceed $2,000,000 shall 
     be available for official travel expenses, including hire of 
     passenger motor vehicles; of which not to exceed $100,000 
     shall be available for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General of the Treasury; and of 
     which not to exceed $2,500 shall be available for official 
     reception and representation expenses.

           treasury inspector general for tax administration

                         salaries and expenses

       For necessary expenses of the Treasury Inspector General 
     for Tax Administration in carrying out the Inspector General 
     Act of 1978, including purchase (not to exceed 150 for 
     replacement only for police-type use) and hire of passenger 
     motor vehicles (31 U.S.C. 1343(b)); services authorized by 5 
     U.S.C. 3109, at such rates as may be determined by the 
     Inspector General for Tax Administration; $151,696,000, of 
     which not to exceed $6,000,000 shall be available for 
     official travel expenses; of which not to exceed $500,000 
     shall be available for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General for Tax Administration; 
     and of which not to exceed $1,500 shall be available for 
     official reception and representation expenses.

    special inspector general for the troubled asset relief program

                         salaries and expenses

       For necessary expenses of the Office of the Special 
     Inspector General in carrying out the provisions of the 
     Emergency Economic Stabilization Act of 2008 (Public Law 110-
     343), $41,800,000.

[[Page 17402]]



                  Financial Crimes Enforcement Network

                         salaries and expenses

       For necessary expenses of the Financial Crimes Enforcement 
     Network, including hire of passenger motor vehicles; travel 
     and training expenses, including for course development, of 
     non-Federal and foreign government personnel to attend 
     meetings and training concerned with domestic and foreign 
     financial intelligence activities, law enforcement, and 
     financial regulation; not to exceed $14,000 for official 
     reception and representation expenses; and for assistance to 
     Federal law enforcement agencies, with or without 
     reimbursement, $110,788,000, of which not to exceed 
     $34,335,000 shall remain available until September 30, 2014:  
     Provided, That funds appropriated in this account may be used 
     to procure personal services contracts.

                        Treasury Forfeiture Fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $750,000,000 are rescinded.

                      Financial Management Service

                         salaries and expenses

       For necessary expenses of the Financial Management Service, 
     $217,805,000, of which not to exceed $4,210,000 shall remain 
     available until September 30, 2013, for information systems 
     modernization initiatives; and of which not to exceed $2,500 
     shall be available for official reception and representation 
     expenses.

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

       For necessary expenses of carrying out section 1111 of the 
     Homeland Security Act of 2002, including hire of passenger 
     motor vehicles, $99,878,000; of which not to exceed $6,000 
     for official reception and representation expenses; not to 
     exceed $50,000 for cooperative research and development 
     programs for laboratory services; and provision of laboratory 
     assistance to State and local agencies with or without 
     reimbursement:  Provided, That of the amount appropriated 
     under this heading, $2,000,000 shall be for the costs of 
     special law enforcement agents to target tobacco smuggling 
     and other criminal diversion activities.

                           United States Mint

               united states mint public enterprise fund

       Pursuant to section 5136 of title 31, United States Code, 
     the United States Mint is provided funding through the United 
     States Mint Public Enterprise Fund for costs associated with 
     the production of circulating coins, numismatic coins, and 
     protective services, including both operating expenses and 
     capital investments. The aggregate amount of new liabilities 
     and obligations incurred during fiscal year 2012 under such 
     section 5136 for circulating coinage and protective service 
     capital investments of the United States Mint shall not 
     exceed $20,000,000.

                       Bureau of the Public Debt

                     administering the public debt

       For necessary expenses connected with any public-debt 
     issues of the United States, $173,635,000, of which not to 
     exceed $2,500 shall be available for official reception and 
     representation expenses, and of which not to exceed 
     $10,000,000 shall remain available until September 30, 2014, 
     for the Do Not Pay portal initiative:  Provided, That the sum 
     appropriated herein from the general fund for fiscal year 
     2012 shall be reduced by not more than $8,000,000 as 
     definitive security issue fees and Legacy Treasury Direct 
     Investor Account Maintenance fees are collected, so as to 
     result in a final fiscal year 2012 appropriation from the 
     general fund estimated at $165,635,000. In addition, $165,000 
     to be derived from the Oil Spill Liability Trust Fund to 
     reimburse the Bureau for administrative and personnel 
     expenses for financial management of the Fund, as authorized 
     by section 1012 of Public Law 101-380.

   Community Development Financial Institutions Fund Program Account

       To carry out the Community Development Banking and 
     Financial Institutions Act of 1994 (Public Law 103-325), 
     including services authorized by 5 U.S.C. 3109, but at rates 
     for individuals not to exceed the per diem rate equivalent to 
     the rate for ES-3, notwithstanding section 4707(e) of title 
     12, United States Code, $200,000,000, to remain available 
     until September 30, 2013; of which $12,000,000 shall be for 
     financial assistance, technical assistance, training and 
     outreach programs, designed to benefit Native American, 
     Native Hawaiian, and Alaskan Native communities and provided 
     primarily through qualified community development lender 
     organizations with experience and expertise in community 
     development banking and lending in Indian country, Native 
     American organizations, tribes and tribal organizations and 
     other suitable providers; of which, notwithstanding sections 
     4707(d) and 4707(e) of title 12, United States Code, up to 
     $22,000,000 shall be for a Healthy Food Financing Initiative 
     to provide grants and loans to community development 
     financial institutions for the purpose of offering affordable 
     financing and technical assistance to expand the availability 
     of healthy food options in distressed communities; of which 
     up to $36,000,000 shall be for initiatives designed to enable 
     individuals with low or moderate income levels to establish 
     bank accounts and to improve access to the provision of bank 
     accounts as authorized by sections 1204 and 1205 of Public 
     Law 111-203; of which $19,000,000 shall be for the Bank 
     Enterprise Award program; and of which up to $22,965,000 may 
     be used for administrative expenses, including administration 
     of the New Markets Tax Credit.

                        Internal Revenue Service

                           taxpayer services

                     (including transfer of funds)

       For necessary expenses of the Internal Revenue Service to 
     provide taxpayer services, including pre-filing assistance 
     and education, filing and account services, taxpayer advocacy 
     services, and other services as authorized by 5 U.S.C. 3109, 
     at such rates as may be determined by the Commissioner, 
     $2,195,522,000, of which not less than $6,100,000 shall be 
     for the Tax Counseling for the Elderly Program, of which not 
     less than $10,000,000 shall be available for low-income 
     taxpayer clinic grants, of which not less than $12,000,000, 
     to remain available until September 30, 2013, shall be 
     available for a Community Volunteer Income Tax Assistance 
     matching grants demonstration program for tax return 
     preparation assistance, of which not less than $207,738,000 
     shall be available for operating expenses of the Taxpayer 
     Advocate Service, and of which up to $6,000,000 may be 
     transferred as necessary from this account to ``Health 
     Insurance Tax Credit Administration'' upon advance 
     notification of the Committees on Appropriations:  Provided, 
     That this transfer authority shall be in addition to any 
     transfer authority provided in the Act:  Provided further, 
     That notwithstanding any other provision of law, the 
     Secretary may publicize the low-income taxpayer clinic 
     program and refer taxpayers to specific qualified low-income 
     taxpayer clinics receiving funding under this heading.

                              enforcement

                     (including transfer of funds)

       For necessary expenses for tax enforcement activities of 
     the Internal Revenue Service to determine and collect owed 
     taxes, to provide legal and litigation support, to conduct 
     criminal investigations, to enforce criminal statutes related 
     to violations of internal revenue laws and other financial 
     crimes, to purchase (for police-type use, not to exceed 850) 
     and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to 
     provide other services as authorized by 5 U.S.C. 3109, at 
     such rates as may be determined by the Commissioner, 
     $5,228,613,000, of which not less than $60,257,000 shall be 
     for the Interagency Crime and Drug Enforcement program.

                           operations support

       For necessary expenses of the Internal Revenue Service to 
     support taxpayer services and enforcement programs, including 
     rent payments; facilities services; printing; postage; 
     physical security; headquarters and other IRS-wide 
     administration activities; research and statistics of income; 
     telecommunications; information technology development, 
     enhancement, operations, maintenance, and security; the hire 
     of passenger motor vehicles (31 U.S.C. 1343(b)); and other 
     services as authorized by 5 U.S.C. 3109, at such rates as may 
     be determined by the Commissioner; $3,893,216,000, of which 
     up to $250,000,000 shall remain available until September 30, 
     2013, for information technology support; of which up to 
     $65,000,000 shall remain available until expended for 
     acquisition of real property, equipment, construction and 
     renovation of facilities; of which not to exceed $1,000,000 
     shall remain available until September 30, 2014, for 
     research; of which not less than $2,000,000 shall be for the 
     Internal Revenue Service Oversight Board; of which not to 
     exceed $25,000 shall be for official reception and 
     representation expenses.

                     business systems modernization

       For necessary expenses of the Internal Revenue Service's 
     business systems modernization program, $330,210,000, to 
     remain available until September 30, 2014, for the capital 
     asset acquisition of information technology systems, 
     including management and related contractual costs of said 
     acquisitions, including related Internal Revenue Service 
     labor costs, and contractual costs associated with operations 
     authorized by 5 U.S.C. 3109:  Provided, That, with the 
     exception of labor costs, none of these funds may be 
     obligated until the Internal Revenue Service submits to the 
     Committees on Appropriations, and such Committees approve, a 
     plan for expenditure that:
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11;
       (2) complies with the Internal Revenue Service's enterprise 
     architecture, including the modernization blueprint;
       (3) conforms with the Internal Revenue Service's enterprise 
     life cycle methodology;
       (4) is approved by the Internal Revenue Service, the 
     Department of the Treasury, and the Office of Management and 
     Budget;
       (5) has been reviewed by the Government Accountability 
     Office; and
       (6) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government.

[[Page 17403]]



               health insurance tax credit administration

       For expenses necessary to implement the health insurance 
     tax credit included in the Trade Act of 2002 (Public Law 107-
     210), $15,481,000.

          administrative provisions--internal revenue service

                     (including transfer of funds)

       Sec. 101.  Not to exceed 5 percent of any appropriation 
     made available in this Act to the Internal Revenue Service or 
     not to exceed 3 percent of appropriations under the heading 
     ``Enforcement'' may be transferred to any other Internal 
     Revenue Service appropriation upon the advance approval of 
     the Committees on Appropriations.
       Sec. 102.  The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with taxpayers, and in cross-cultural relations.
       Sec. 103.  The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information.
       Sec. 104.  Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased staffing to provide sufficient and 
     effective 1-800 help line service for taxpayers. The 
     Commissioner shall continue to make the improvement of the 
     Internal Revenue Service 1-800 help line service a priority 
     and allocate resources necessary to increase phone lines and 
     staff to improve the Internal Revenue Service 1-800 help line 
     service.
       Sec. 105.  None of the funds made available in this Act may 
     be used to enter into, renew, extend, administer, implement, 
     enforce, or provide oversight of any qualified tax collection 
     contract (as defined in section 6306 of the Internal Revenue 
     Code of 1986).

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

       Sec. 106.  Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.
       Sec. 107.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices--Salaries 
     and Expenses, Office of Inspector General, Special Inspector 
     General for the Troubled Asset Relief Program, Financial 
     Management Service, Alcohol and Tobacco Tax and Trade Bureau, 
     Financial Crimes Enforcement Network, and Bureau of the 
     Public Debt, may be transferred between such appropriations 
     upon the advance approval of the Committees on 
     Appropriations:  Provided, That no transfer may increase or 
     decrease any such appropriation by more than 2 percent.
       Sec. 108.  Not to exceed 2 percent of any appropriation 
     made available in this Act to the Internal Revenue Service 
     may be transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations:  Provided, That no transfer 
     may increase or decrease any such appropriation by more than 
     2 percent.
       Sec. 109.  Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with departmental 
     vehicle management principles:  Provided, That the Secretary 
     may delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 110.  None of the funds appropriated in this Act or 
     otherwise available to the Department of the Treasury or the 
     Bureau of Engraving and Printing may be used to redesign the 
     $1 Federal Reserve note.
       Sec. 111.  The Secretary of the Treasury may transfer funds 
     from Financial Management Service, Salaries and Expenses to 
     the Debt Collection Fund as necessary to cover the costs of 
     debt collection:  Provided, That such amounts shall be 
     reimbursed to such salaries and expenses account from debt 
     collections received in the Debt Collection Fund.
       Sec. 112.  Section 122(g)(1) of Public Law 105-119 (5 
     U.S.C. 3104 note), is further amended by striking ``12 
     years'' and inserting ``14 years''.
       Sec. 113.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, the House Committee 
     on Financial Services, and the Senate Committee on Banking, 
     Housing and Urban Affairs.
       Sec. 114.  None of the funds appropriated or otherwise made 
     available by this or any other Act or source to the 
     Department of the Treasury, the Bureau of Engraving and 
     Printing, and the United States Mint, individually or 
     collectively, may be used to consolidate any or all functions 
     of the Bureau of Engraving and Printing and the United States 
     Mint without the explicit approval of the House Committee on 
     Financial Services; the Senate Committee on Banking, Housing, 
     and Urban Affairs; the House Committee on Appropriations; and 
     the Senate Committee on Appropriations.
       Sec. 115.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for the 
     Department of the Treasury's intelligence or intelligence 
     related activities are deemed to be specifically authorized 
     by the Congress for purposes of section 504 of the National 
     Security Act of 1947 (50 U.S.C. 414) during fiscal year 2011 
     until the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2012.
       Sec. 116.  Not to exceed $5,000 shall be made available 
     from the Bureau of Engraving and Printing's Industrial 
     Revolving Fund for necessary official reception and 
     representation expenses.
       Sec. 117.  The Secretary of the Treasury shall submit a 
     Capital Investment Plan to the Committees on Appropriations 
     of the Senate and the House of Representatives not later than 
     30 days following the submission of the annual budget for the 
     Administration submitted by the President:  Provided, That 
     such Capital Investment Plan shall include capital investment 
     spending from all accounts within the Department of the 
     Treasury, including but not limited to the Department-wide 
     Systems and Capital Investment Programs account, the Working 
     Capital Fund account, and the Treasury Forfeiture Fund 
     account:  Provided further, That such Capital Investment Plan 
     shall include expenditures occurring in previous fiscal years 
     for each capital investment project that has not been fully 
     completed.
        This title may be cited as the ``Department of the 
     Treasury Appropriations Act, 2012''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

       For compensation of the President, including an expense 
     allowance at the rate of $50,000 per annum as authorized by 3 
     U.S.C. 102, $450,000:  Provided, That none of the funds made 
     available for official expenses shall be expended for any 
     other purpose and any unused amount shall revert to the 
     Treasury pursuant to 31 U.S.C. 1552.

                            The White House

                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, newspapers, periodicals, 
     teletype news service, and travel (not to exceed $100,000 to 
     be expended and accounted for as provided by 3 U.S.C. 103); 
     and not to exceed $19,000 for official entertainment 
     expenses, to be available for allocation within the Executive 
     Office of the President; and for necessary expenses of the 
     Office of Policy Development, including services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $57,851,000.

                 Executive Residence at the White House

                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating, and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $13,536,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary:  Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph:  Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses:  Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall be credited to this account and 
     remain available until expended:  Provided further, That the 
     Executive Residence shall require the national committee of 
     the political party of the President to maintain on deposit 
     $25,000, to be separately accounted for and available for 
     expenses relating to reimbursable political events sponsored 
     by such committee during such fiscal year:  Provided further, 
     That the Executive Residence shall ensure that a written 
     notice of any amount owed for a reimbursable operating 
     expense under this paragraph is submitted to the person owing 
     such amount within 60 days after such expense is incurred, 
     and that such amount is

[[Page 17404]]

     collected within 30 days after the submission of such notice: 
      Provided further, That the Executive Residence shall charge 
     interest and assess penalties and other charges on any such 
     amount that is not reimbursed within such 30 days, in 
     accordance with the interest and penalty provisions 
     applicable to an outstanding debt on a United States 
     Government claim under 31 U.S.C. 3717:  Provided further, 
     That each such amount that is reimbursed, and any 
     accompanying interest and charges, shall be deposited in the 
     Treasury as miscellaneous receipts:  Provided further, That 
     the Executive Residence shall prepare and submit to the 
     Committees on Appropriations, by not later than 90 days after 
     the end of the fiscal year covered by this Act, a report 
     setting forth the reimbursable operating expenses of the 
     Executive Residence during the preceding fiscal year, 
     including the total amount of such expenses, the amount of 
     such total that consists of reimbursable official and 
     ceremonial events, the amount of such total that consists of 
     reimbursable political events, and the portion of each such 
     amount that has been reimbursed as of the date of the report: 
      Provided further, That the Executive Residence shall 
     maintain a system for the tracking of expenses related to 
     reimbursable events within the Executive Residence that 
     includes a standard for the classification of any such 
     expense as political or nonpolitical:  Provided further, That 
     no provision of this paragraph may be construed to exempt the 
     Executive Residence from any other applicable requirement of 
     subchapter I or II of chapter 37 of title 31, United States 
     Code.

                   White House Repair and Restoration

       For the repair, alteration, and improvement of the 
     Executive Residence at the White House, $990,000, to remain 
     available until expended, for required maintenance, 
     resolution of safety and health issues, and continued 
     preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

       For necessary expenses of the Council of Economic Advisers 
     in carrying out its functions under the Employment Act of 
     1946 (15 U.S.C. 1021 et seq.), $4,192,000.

        National Security Council and Homeland Security Council

                         salaries and expenses

       For necessary expenses of the National Security Council and 
     the Homeland Security Council, including services as 
     authorized by 5 U.S.C. 3109, $13,048,000.

                        Office of Administration

                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $114,908,000, of which $10,670,000 shall remain available 
     until expended for continued modernization of the information 
     technology infrastructure within the Executive Office of the 
     President.

                    Office of Management and Budget

                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109 and to carry out the 
     provisions of chapter 35 of title 44, United States Code, 
     $90,833,000, of which not to exceed $3,000 shall be available 
     for official representation expenses:  Provided, That none of 
     the funds appropriated in this Act for the Office of 
     Management and Budget may be used for the purpose of 
     reviewing any agricultural marketing orders or any activities 
     or regulations under the provisions of the Agricultural 
     Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):  
     Provided further, That none of the funds made available for 
     the Office of Management and Budget by this Act may be 
     expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or their subcommittees:  Provided further, 
     That none of the funds provided in this or prior Acts shall 
     be used, directly or indirectly, by the Office of Management 
     and Budget, for evaluating or determining if water resource 
     project or study reports submitted by the Chief of Engineers 
     acting through the Secretary of the Army are in compliance 
     with all applicable laws, regulations, and requirements 
     relevant to the Civil Works water resource planning process:  
     Provided further, That the Office of Management and Budget 
     shall have not more than 60 days in which to perform 
     budgetary policy reviews of water resource matters on which 
     the Chief of Engineers has reported:  Provided further, That 
     the Director of the Office of Management and Budget shall 
     notify the appropriate authorizing and appropriating 
     committees when the 60-day review is initiated:  Provided 
     further, That if water resource reports have not been 
     transmitted to the appropriate authorizing and appropriating 
     committees within 15 days after the end of the Office of 
     Management and Budget review period based on the notification 
     from the Director, Congress shall assume Office of Management 
     and Budget concurrence with the report and act accordingly.

                  Government-wide Management Councils

                     (including transfer of funds)

       Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, 
     the head of each Executive department and agency is hereby 
     authorized to transfer to or reimburse ``General Services 
     Administration, Government-wide Policy'' with the approval of 
     the Director of the Office of Management and Budget, funds 
     made available for fiscal year 2012 by this or any other Act, 
     including rebates from charge card and other contracts:  
     Provided, That these funds shall be administered by the 
     Administrator of General Services to support Government-wide 
     and other multi-agency financial, information technology, 
     procurement, and other management innovations, initiatives, 
     and activities, as approved by the Director of the Office of 
     Management and Budget, in consultation with the appropriate 
     interagency and multi-agency groups designated by the 
     Director, including the President's Management Council for 
     overall management improvement initiatives, the Chief 
     Financial Officers Council for financial management 
     initiatives, the Chief Information Officers Council for 
     information technology initiatives, the Chief Human Capital 
     Officers Council for human capital initiatives, the Chief 
     Acquisition Officers Council for procurement initiatives, and 
     the Performance Improvement Council for performance 
     improvement initiatives:  Provided further, That the total 
     funds transferred or reimbursed shall not exceed $17,000,000: 
      Provided further, That the funds transferred to or for 
     reimbursement of ``General Services Administration, 
     Government-wide Policy'' during fiscal year 2012 shall remain 
     available for obligation through September 30, 2013:  
     Provided further, That such transfers or reimbursements may 
     only be made following written approval of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.

                 Office of National Drug Control Policy

                         salaries and expenses

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     2006 (Public Law 109-469); not to exceed $10,000 for official 
     reception and representation expenses; and for participation 
     in joint projects or in the provision of services on matters 
     of mutual interest with nonprofit, research, or public 
     organizations or agencies, with or without reimbursement, 
     $26,125,000:  Provided, That the Office is authorized to 
     accept, hold, administer, and utilize gifts, both real and 
     personal, public and private, without fiscal year limitation, 
     for the purpose of aiding or facilitating the work of the 
     Office.

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $238,522,000, to remain available until September 
     30, 2013, for drug control activities consistent with the 
     approved strategy for each of the designated High Intensity 
     Drug Trafficking Areas (``HIDTAs''), of which not less than 
     51 percent shall be transferred to State and local entities 
     for drug control activities and shall be obligated not later 
     than 120 days after enactment of this Act:  Provided, That up 
     to 49 percent may be transferred to Federal agencies and 
     departments in amounts determined by the Director of the 
     Office of National Drug Control Policy (``the Director''), of 
     which up to $2,700,000 may be used for auditing services and 
     associated activities (including up to $500,000 to ensure the 
     continued operation and maintenance of the Performance 
     Management System):  Provided further, That, notwithstanding 
     the requirements of Public Law 106-58, any unexpended funds 
     obligated prior to fiscal year 2010 may be used for any other 
     approved activities of that High Intensity Drug Trafficking 
     Area, subject to reprogramming requirements:  Provided 
     further, That each High Intensity Drug Trafficking Area 
     designated as of September 30, 2011, shall be funded at not 
     less than the fiscal year 2011 base level, unless the 
     Director submits to the Committees on Appropriations of the 
     House of Representatives and the Senate justification for 
     changes to those levels based on clearly articulated 
     priorities and published Office of National Drug Control 
     Policy performance measures of effectiveness:  Provided 
     further, That the Director shall notify the Committees on 
     Appropriations of the initial allocation of fiscal year 2012 
     funding among HIDTAs not later than 45 days after enactment 
     of this Act, and shall notify the Committees of planned uses 
     of discretionary HIDTA funding, as determined in consultation 
     with the HIDTA Directors, not later than 90 days after 
     enactment of this Act.

                  other federal drug control programs

                     (including transfers of funds)

       For other drug control activities authorized by the Office 
     of National Drug Control Policy Reauthorization Act of 2006 
     (Public Law 109-469), $105,950,000, to remain available until 
     expended, which shall be available as follows: $92,600,000 
     for the Drug-Free Communities Program, of which $2,000,000 
     shall be made available as directed by section 4 of Public 
     Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 
     note); $1,400,000 for drug court training and technical 
     assistance;

[[Page 17405]]

     $8,900,000 for anti-doping activities; $1,900,000 for the 
     United States membership dues to the World Anti-Doping 
     Agency; and $1,150,000 shall be made available as directed by 
     section 1105 of Public Law 109-469.

                          Unanticipated Needs

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, as authorized by 3 U.S.C. 108, 
     $988,000, to remain available until September 30, 2013.

                  Special Assistance to the President

                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions; services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles, $4,328,000.

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

       For the care, operation, refurnishing, improvement, and to 
     the extent not otherwise provided for, heating and lighting, 
     including electric power and fixtures, of the official 
     residence of the Vice President; the hire of passenger motor 
     vehicles; and not to exceed $90,000 for official 
     entertainment expenses of the Vice President, to be accounted 
     for solely on his certificate, $307,000:  Provided, That 
     advances or repayments or transfers from this appropriation 
     may be made to any department or agency for expenses of 
     carrying out such activities.

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

                     (including transfers of funds)

       Sec. 201.  From funds made available in this Act under the 
     headings ``The White House'', ``Executive Residence at the 
     White House'', ``White House Repair and Restoration'', 
     ``Council of Economic Advisers'', ``National Security Council 
     and Homeland Security Council'', ``Office of 
     Administration'', ``Special Assistance to the President'', 
     and ``Official Residence of the Vice President'', the 
     Director of the Office of Management and Budget (or such 
     other officer as the President may designate in writing), 
     may, 15 days after giving notice to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, transfer not to exceed 10 percent of any such 
     appropriation to any other such appropriation, to be merged 
     with and available for the same time and for the same 
     purposes as the appropriation to which transferred:  
     Provided, That the amount of an appropriation shall not be 
     increased by more than 50 percent by such transfers:  
     Provided further, That no amount shall be transferred from 
     ``Special Assistance to the President'' or ``Official 
     Residence of the Vice President'' without the approval of the 
     Vice President.
       Sec. 202.  The Director of the Office of National Drug 
     Control Policy shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not later than 60 days after the date of enactment of this 
     Act, and prior to the initial obligation of more than 20 
     percent of the funds appropriated in any account under the 
     heading ``Office of National Drug Control Policy'', a 
     detailed narrative and financial plan on the proposed uses of 
     all funds under the account by program, project, and 
     activity:  Provided, That the reports required by this 
     section shall be updated and submitted to the Committees on 
     Appropriations every 6 months and shall include information 
     detailing how the estimates and assumptions contained in 
     previous reports have changed:  Provided further, That any 
     new projects and changes in funding of ongoing projects shall 
     be subject to the prior approval of the Committees on 
     Appropriations.
       Sec. 203.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Office of National Drug 
     Control Policy may be transferred between appropriated 
     programs upon the advance approval of the Committees on 
     Appropriations:  Provided, That no transfer may increase or 
     decrease any such appropriation by more than 3 percent.
       Sec. 204.  Not to exceed $1,000,000 of any appropriations 
     in this Act made available to the Office of National Drug 
     Control Policy may be reprogrammed within a program, project, 
     or activity upon the advance approval of the Committees on 
     Appropriations.
       Sec. 205.  From the unobligated balances of prior year 
     appropriations made available for the Counterdrug Technology 
     Assessment Center, $11,328,000 are rescinded.
        This title may be cited as the ``Executive Office of the 
     President Appropriations Act, 2012''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

       For expenses necessary for the operation of the Supreme 
     Court, as required by law, excluding care of the building and 
     grounds, including purchase or hire, driving, maintenance, 
     and operation of an automobile for the Chief Justice, not to 
     exceed $10,000 for the purpose of transporting Associate 
     Justices, and hire of passenger motor vehicles as authorized 
     by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
     official reception and representation expenses; and for 
     miscellaneous expenses, to be expended as the Chief Justice 
     may approve, $74,819,000, of which $2,000,000 shall remain 
     available until expended.

                    care of the building and grounds

       For such expenditures as may be necessary to enable the 
     Architect of the Capitol to carry out the duties imposed upon 
     the Architect by 40 U.S.C. 6111 and 6112, $8,159,000, to 
     remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

       For salaries of the chief judge, judges, and other officers 
     and employees, and for necessary expenses of the court, as 
     authorized by law, $31,913,000.

               United States Court of International Trade

                         salaries and expenses

       For salaries of the chief judge and eight judges, salaries 
     of the officers and employees of the court, services, and 
     necessary expenses of the court, as authorized by law, 
     $20,968,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

                     (including transfer of funds)

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States Court of Federal 
     Claims, bankruptcy judges, magistrate judges, and all other 
     officers and employees of the Federal Judiciary not otherwise 
     specifically provided for, and necessary expenses of the 
     courts, and the purchase of uniforms for Probation and 
     Pretrial Services office staff, as authorized by law, 
     $4,970,646,000 (including the purchase of firearms and 
     ammunition); of which not to exceed $27,817,000 shall remain 
     available until expended for space alteration projects and 
     for furniture and furnishings related to new space alteration 
     and construction projects.
       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986 (Public Law 99-
     660), not to exceed $4,775,000, to be appropriated from the 
     Vaccine Injury Compensation Trust Fund.

                           defender services

       For the operation of Federal Defender organizations; the 
     compensation and reimbursement of expenses of attorneys 
     appointed to represent persons under 18 U.S.C. 3006A, and 
     also under 18 U.S.C. 3599, in cases in which a defendant is 
     charged with a crime that may be punishable by death; the 
     compensation and reimbursement of expenses of persons 
     furnishing investigative, expert, and other services under 18 
     U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), 
     in cases in which a defendant is charged with a crime that 
     may be punishable by death; the compensation (in accordance 
     with the maximums under 18 U.S.C. 3006A) and reimbursement of 
     expenses of attorneys appointed to assist the court in 
     criminal cases where the defendant has waived representation 
     by counsel; the compensation and reimbursement of travel 
     expenses of guardians ad litem appointed under 18 U.S.C. 
     4100(b), acting on behalf of financially eligible minor or 
     incompetent offenders in connection with transfers from the 
     United States to foreign countries with which the United 
     States has a treaty for the execution of penal sentences (18 
     U.S.C. 4100(b)); the compensation and reimbursement of 
     expenses of attorneys appointed to represent jurors in civil 
     actions for the protection of their employment, as authorized 
     by 28 U.S.C. 1875(d)(1); the compensation and reimbursement 
     of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) 
     in connection with certain judicial civil forfeiture 
     proceedings; and for necessary training and general 
     administrative expenses, $1,034,182,000, to remain available 
     until expended.

                    fees of jurors and commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71.1(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71.1(h)), $59,000,000, to remain 
     available until expended:  Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under 5 U.S.C. 5332.

                             court security

                     (including transfers of funds)

       For necessary expenses, not otherwise provided for, 
     incident to the provision of protective guard services for 
     United States courthouses and other facilities housing 
     Federal court operations, and the procurement, installation, 
     and maintenance of security systems and equipment for United 
     States courthouses and other facilities housing Federal

[[Page 17406]]

     court operations, including building ingress-egress control, 
     inspection of mail and packages, directed security patrols, 
     perimeter security, basic security services provided by the 
     Federal Protective Service, and other similar activities as 
     authorized by section 1010 of the Judicial Improvement and 
     Access to Justice Act (Public Law 100-702), $500,000,000, of 
     which not to exceed $15,000,000 shall remain available until 
     expended, to be expended directly or transferred to the 
     United States Marshals Service, which shall be responsible 
     for administering the Judicial Facility Security Program 
     consistent with standards or guidelines agreed to by the 
     Director of the Administrative Office of the United States 
     Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $82,000,000, 
     of which not to exceed $8,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219, $27,000,000; of which 
     $1,800,000 shall remain available through September 30, 2013, 
     to provide education and training to Federal court personnel; 
     and of which not to exceed $1,500 is authorized for official 
     reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

       For payment to the Judicial Officers' Retirement Fund, as 
     authorized by 28 U.S.C. 377(o), $86,968,000; to the Judicial 
     Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), 
     $12,600,000; and to the United States Court of Federal Claims 
     Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), 
     $4,200,000.

                  United States Sentencing Commission

                         salaries and expenses

       For the salaries and expenses necessary to carry out the 
     provisions of chapter 58 of title 28, United States Code, 
     $16,500,000, of which not to exceed $1,000 is authorized for 
     official reception and representation expenses.

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

       Sec. 301.  Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 302.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Judiciary 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except ``Courts of Appeals, 
     District Courts, and Other Judicial Services, Defender 
     Services'' and ``Courts of Appeals, District Courts, and 
     Other Judicial Services, Fees of Jurors and Commissioners'', 
     shall be increased by more than 10 percent by any such 
     transfers:  Provided, That any transfer pursuant to this 
     section shall be treated as a reprogramming of funds under 
     sections 604 and 608 of this Act and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in section 608.
       Sec. 303.  Notwithstanding any other provision of law, the 
     salaries and expenses appropriation for ``Courts of Appeals, 
     District Courts, and Other Judicial Services'' shall be 
     available for official reception and representation expenses 
     of the Judicial Conference of the United States:  Provided, 
     That such available funds shall not exceed $11,000 and shall 
     be administered by the Director of the Administrative Office 
     of the United States Courts in the capacity as Secretary of 
     the Judicial Conference.
       Sec. 304.  Within 90 days after the date of the enactment 
     of this Act, the Administrative Office of the U.S. Courts 
     shall submit to the Committees on Appropriations a 
     comprehensive financial plan for the Judiciary allocating all 
     sources of available funds including appropriations, fee 
     collections, and carryover balances, to include a separate 
     and detailed plan for the Judiciary Information Technology 
     Fund, which will establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year.
       Sec. 305.  Section 3314(a) of title 40, United States Code, 
     shall be applied by substituting ``Federal'' for 
     ``executive'' each place it appears.
       Sec. 306.  In accordance with 28 U.S.C. 561-569, and 
     notwithstanding any other provision of law, the United States 
     Marshals Service shall provide, for such courthouses as its 
     Director may designate in consultation with the Director of 
     the Administrative Office of the United States Courts, for 
     purposes of a pilot program, the security services that 40 
     U.S.C. 1315 authorizes the Department of Homeland Security to 
     provide, except for the services specified in 40 U.S.C. 
     1315(b)(2)(E). For building-specific security services at 
     these courthouses, the Director of the Administrative Office 
     of the United States Courts shall reimburse the United States 
     Marshals Service rather than the Department of Homeland 
     Security.
       Sec. 307.  Section 203(c) of the Judicial Improvements Act 
     of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is 
     amended--
       (1) in the third sentence (relating to the District of 
     Kansas), by striking ``20 years'' and inserting ``21 years''; 
     and
       (2) in the seventh sentence (related to the District of 
     Hawaii), by striking ``17 years'' and inserting ``18 years''.
       This title may be cited as the ``Judiciary Appropriations 
     Act, 2012''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $30,000,000, to remain available 
     until expended:  Provided, That such funds, including any 
     interest accrued thereon, may be used on behalf of eligible 
     District of Columbia residents to pay an amount based upon 
     the difference between in-State and out-of-State tuition at 
     public institutions of higher education, or to pay up to 
     $2,500 each year at eligible private institutions of higher 
     education:  Provided further, That the awarding of such funds 
     may be prioritized on the basis of a resident's academic 
     merit, the income and need of eligible students and such 
     other factors as may be authorized:  Provided further, That 
     the District of Columbia government shall maintain a 
     dedicated account for the Resident Tuition Support Program 
     that shall consist of the Federal funds appropriated to the 
     Program in this Act and any subsequent appropriations, any 
     unobligated balances from prior fiscal years, and any 
     interest earned in this or any fiscal year:  Provided 
     further, That the account shall be under the control of the 
     District of Columbia Chief Financial Officer, who shall use 
     those funds solely for the purposes of carrying out the 
     Resident Tuition Support Program:  Provided further, That the 
     Office of the Chief Financial Officer shall provide a 
     quarterly financial report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     for these funds showing, by object class, the expenditures 
     made and the purpose therefor.

   federal payment for emergency planning and security costs in the 
                          district of columbia

       For a Federal payment of necessary expenses, as determined 
     by the Mayor of the District of Columbia in written 
     consultation with the elected county or city officials of 
     surrounding jurisdictions, $14,900,000, to remain available 
     until expended and in addition any funds that remain 
     available from prior year appropriations under this heading 
     for the District of Columbia Government, for the costs of 
     providing public safety at events related to the presence of 
     the national capital in the District of Columbia, including 
     support requested by the Director of the United States Secret 
     Service Division in carrying out protective duties under the 
     direction of the Secretary of Homeland Security, and for the 
     costs of providing support to respond to immediate and 
     specific terrorist threats or attacks in the District of 
     Columbia or surrounding jurisdictions.

           federal payment to the district of columbia courts

       For salaries and expenses for the District of Columbia 
     Courts, $230,319,000 to be allocated as follows: for the 
     District of Columbia Court of Appeals, $12,830,000, of which 
     not to exceed $2,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $111,687,000, of which not to exceed $2,500 
     is for official reception and representation expenses; for 
     the District of Columbia Court System, $66,712,000, of which 
     not to exceed $2,500 is for official reception and 
     representation expenses; and $39,090,000, to remain available 
     until September 30, 2013, for capital improvements for 
     District of Columbia courthouse facilities:  Provided, That 
     funds made available for capital improvements shall be 
     expended consistent with the District of Columbia Courts 
     master plan study and building evaluation report:  Provided 
     further, That notwithstanding any other provision of law, all 
     amounts under this heading shall be apportioned quarterly by 
     the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies, with payroll 
     and financial services to be provided on a contractual basis 
     with the General Services Administration (GSA), and such 
     services shall include the preparation of monthly financial 
     reports, copies of which shall be submitted directly by GSA 
     to the President and to the Committees on Appropriations of 
     the House of Representatives and the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate:  Provided further, That 
     30 days after providing written notice to the Committees on 
     Appropriations of the House of

[[Page 17407]]

     Representatives and the Senate, the District of Columbia 
     Courts may reallocate not more than $3,000,000 of the funds 
     provided under this heading among the items and entities 
     funded under this heading, but no such allocation shall be 
     increased by more than 10 percent.

  federal payment for defender services in district of columbia courts

                     (including transfer of funds)

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice 
     Act), payments for counsel appointed in proceedings in the 
     Family Court of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Official Code, or 
     pursuant to contractual agreements to provide guardian ad 
     litem representation, training, technical assistance, and 
     such other services as are necessary to improve the quality 
     of guardian ad litem representation, payments for counsel 
     appointed in adoption proceedings under chapter 3 of title 
     16, D.C. Official Code, and payments authorized under section 
     21-2060, D.C. Official Code (relating to services provided 
     under the District of Columbia Guardianship, Protective 
     Proceedings, and Durable Power of Attorney Act of 1986), 
     $55,000,000, to remain available until expended:  Provided, 
     That funds provided under this heading shall be administered 
     by the Joint Committee on Judicial Administration in the 
     District of Columbia:  Provided further, That notwithstanding 
     any other provision of law, this appropriation shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for expenses of other Federal agencies, with 
     payroll and financial services to be provided on a 
     contractual basis with the General Services Administration 
     (GSA), and such services shall include the preparation of 
     monthly financial reports, copies of which shall be submitted 
     directly by GSA to the President and to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on Oversight and Government Reform of 
     the House of Representatives, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate:  Provided 
     further, That not more than $10,000,000 of the funds provided 
     in this account may be transferred to, and merged with, funds 
     made available under the heading ``Federal Payment to the 
     District of Colombia Courts'' for District of Columbia 
     courthouse facilities.

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997, $212,983,000, of which 
     not to exceed $2,000 is for official reception and 
     representation expenses related to Community Supervision and 
     Pretrial Services Agency programs; of which not to exceed 
     $25,000 is for dues and assessments relating to the 
     implementation of the Court Services and Offender Supervision 
     Agency Interstate Supervision Act of 2002; of which 
     $1,000,000 shall remain available until September 30, 2014 
     for relocation of the Pretrial Services Agency drug testing 
     laboratory; of which $153,548,000 shall be for necessary 
     expenses of Community Supervision and Sex Offender 
     Registration, to include expenses relating to the supervision 
     of adults subject to protection orders or the provision of 
     services for or related to such persons; of which $59,435,000 
     shall be available to the Pretrial Services Agency:  
     Provided, That notwithstanding any other provision of law, 
     all amounts under this heading shall be apportioned quarterly 
     by the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies:  Provided 
     further, That not less than $1,500,000 shall be available for 
     re-entrant housing in the District of Columbia:  Provided 
     further, That the Director is authorized to accept and use 
     gifts in the form of in-kind contributions of space and 
     hospitality to support offender and defendant programs, and 
     equipment and vocational training services to educate and 
     train offenders and defendants:  Provided further, That the 
     Director shall keep accurate and detailed records of the 
     acceptance and use of any gift or donation under the previous 
     proviso, and shall make such records available for audit and 
     public inspection:  Provided further, That the Court Services 
     and Offender Supervision Agency Director is authorized to 
     accept and use reimbursement from the District of Columbia 
     Government for space and services provided on a cost 
     reimbursable basis.

  federal payment to the public defender service for the district of 
                                columbia

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the District of Columbia Public 
     Defender Service, as authorized by the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     $37,241,000:  Provided, That notwithstanding any other 
     provision of law, all amounts under this heading shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of Federal agencies.

 federal payment to the district of columbia water and sewer authority

       For a Federal payment to the District of Columbia Water and 
     Sewer Authority, $15,000,000, to remain available until 
     expended, to continue implementation of the Combined Sewer 
     Overflow Long-Term Plan:  Provided, That the District of 
     Columbia Water and Sewer Authority provides a 100 percent 
     match for this payment.

      federal payment to the criminal justice coordinating council

       For a Federal payment to the Criminal Justice Coordinating 
     Council, $1,800,000, to remain available until expended, to 
     support initiatives related to the coordination of Federal 
     and local criminal justice resources in the District of 
     Columbia.

                federal payment for judicial commissions

       For a Federal payment, to remain available until September 
     30, 2013, to the Commission on Judicial Disabilities and 
     Tenure, $295,000, and for the Judicial Nomination Commission, 
     $205,000.

                 federal payment for school improvement

       For a Federal payment for a school improvement program in 
     the District of Columbia, $60,000,000, to be allocated as 
     follows: for the District of Columbia Public Schools, 
     $20,000,000 to improve public school education in the 
     District of Columbia, to remain available until expended; for 
     the State Education Office, $20,000,000 to expand quality 
     public charter schools in the District of Columbia, to remain 
     available until expended; and for the Secretary of the 
     Department of Education, $20,000,000 to provide opportunity 
     scholarships for students in the District of Columbia in 
     accordance with the Scholarships for Opportunity and Results 
     Act (Public Law 112-10, division C, 125 Stat. 199), to remain 
     available until expended.

      federal payment for the district of columbia national guard

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

                       District of Columbia Funds

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the General Fund 
     of the District of Columbia (``General Fund''), except as 
     otherwise specifically provided:  Provided, That 
     notwithstanding any other provision of law, except as 
     provided in section 450A of the District of Columbia Home 
     Rule Act, (114 Stat. 2440; D.C. Official Code, section 1-
     204.50a) and provisions of this Act, the total amount 
     appropriated in this Act for operating expenses for the 
     District of Columbia for fiscal year 2012 under this heading 
     shall not exceed the lesser of the sum of the total revenues 
     of the District of Columbia for such fiscal year or 
     $10,911,966,000 (of which $6,208,646,000 shall be from local 
     funds, (including $526,594,000 from dedicated taxes), 
     $1,015,449,000 shall be from Federal grant funds, 
     $1,499,115,000 from Medicaid payments, $2,040,504,000 shall 
     be from other funds, and $25,677,000 shall be from private 
     funds, and $122,575,000 shall be from funds previously 
     appropriated in this Act as Federal payments:  Provided 
     further, That of the local funds, such amounts as may be 
     necessary may be derived from the District's General Fund 
     balance:  Provided further, That of these funds the 
     District's intra-District authority shall be $619,632,000: in 
     addition, for capital construction projects, an increase of 
     $4,024,828,000, of which $2,934,012,000 shall be from local 
     funds, $223,858,000 from the District of Columbia Highway 
     Trust Fund, $50,466,000 from the Local Transportation Fund, 
     $816,492,000 from Federal grant funds, and a rescission of 
     $2,835,689,000 of which $1,796,345,000 shall be from local 
     funds, $749,426,000 from Federal grant funds, $252,694,000 
     from the District of Columbia Highway Trust Fund, and 
     $37,224,000 from the Local Transportation Fund appropriated 
     under this heading in prior fiscal years, for a net amount of 
     $1,189,139,000, to remain available until expended:  Provided 
     further, That the amounts provided under this heading are to 
     be available, allocated, and expended as proposed under title 
     III of the Fiscal Year 2012 Budget Request Act of 2011, at 
     the rate set forth under ``District of Columbia Funds 
     Division of Expenses'' as included in the of the Fiscal Year 
     2012 Proposed Budget and Financial Plan submitted to the 
     Congress by the District of Columbia:  Provided further, That 
     this amount may be increased by proceeds of one-time 
     transactions, which are expended for emergency or 
     unanticipated operating or capital needs:  Provided further, 
     That such increases shall be approved by enactment of local 
     District law and shall comply with all reserve requirements 
     contained in the District of Columbia Home Rule Act:  
     Provided further, That the Chief Financial Officer of the 
     District of Columbia shall take such steps as are necessary 
     to assure that the District of Columbia meets these 
     requirements, including the apportioning by the Chief 
     Financial Officer of the appropriations and

[[Page 17408]]

     funds made available to the District during fiscal year 2012, 
     except that the Chief Financial Officer may not reprogram for 
     operating expenses any funds derived from bonds, notes, or 
     other obligations issued for capital projects.
        This title may be cited as the ``District of Columbia 
     Appropriations Act, 2012''.

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

       For necessary expenses of the Administrative Conference of 
     the United States, authorized by 5 U.S.C. 591 et seq., 
     $2,900,000, to remain available until September 30, 2013, of 
     which not to exceed $1,000,000 is for official reception and 
     representation expenses.

               Christopher Columbus Fellowship Foundation

                         salaries and expenses

       For payment to the Christopher Columbus Fellowship 
     Foundation, established by section 423 of Public Law 102-281, 
     $450,000, to remain available until expended.

                  Commodity Futures Trading Commission

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
     purchase and hire of passenger motor vehicles, and the rental 
     of space (to include multiple year leases) in the District of 
     Columbia and elsewhere, $240,000,000, to remain available 
     until September 30, 2013, including not to exceed $3,000 for 
     official reception and representation expenses, and not to 
     exceed $25,000 for the expenses for consultations and 
     meetings hosted by the Commission with foreign governmental 
     and other regulatory officials, and of which $66,000,000 
     shall remain available for information technology investments 
     until September 30, 2014.

                   Consumer Product Safety Commission

                         salaries and expenses

       For necessary expenses of the Consumer Product Safety 
     Commission, including hire of passenger motor vehicles, 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable under 5 U.S.C. 5376, purchase of nominal 
     awards to recognize non-Federal officials' contributions to 
     Commission activities, and not to exceed $4,000 for official 
     reception and representation expenses, $114,500,000.

     administrative provisions--consumer product safety commission

       Sec. 501.  Section 4(g) of the Consumer Product Safety Act 
     (15 U.S.C. 2053(g)) is amended by adding at the end the 
     following:
       ``(5) The Chairman may provide to officers and employees of 
     the Commission who are appointed or assigned by the 
     Commission to serve abroad (as defined in section 102 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3902)) travel benefits 
     similar to those authorized for members of the Foreign 
     Service of the United Service under chapter 9 of such Act (22 
     U.S.C. 4081 et seq.).''.
       Sec. 502. (a) The Consumer Product Safety Act (15 U.S.C. 
     2051 et seq.) is amended by inserting after section 17 the 
     following:

     ``SEC. 17A. SERVICE OF PROCESS.

       ``(a) Designating Agents.--
       ``(1) In general.--The Commission may require a 
     manufacturer, or class of manufacturers, offering a consumer 
     product for import to designate an agent in the United States 
     on whom service of notices and process in administrative and 
     judicial proceedings may be made.
       ``(2) Filing.--The designation shall be in writing and 
     filed with the Commission.
       ``(3) Modification.--The designation may be changed in the 
     same way originally made.
       ``(b) Service.--
       ``(1) Place of service.--An agent may be served at the 
     agent's office or usual place of residence.
       ``(2) Service on agent is service on manufacturer.--Service 
     on the agent is deemed to be service on the manufacturer.
       ``(3) No designated agent.--If a manufacturer does not 
     designate an agent, service may be made by posting the notice 
     or process in the office of the Commission.''.
       (b) The table of contents in section 1 of such Act is 
     amended by inserting after the item relating to section 17 
     the following:

``17A. Service of process.''.

       Sec. 503. (a) Not later than 1 year after the date of the 
     enactment of this Act, the Consumer Product Safety Commission 
     shall promulgate, as a final consumer product safety standard 
     under section 7(a) of the Consumer Product Safety Act (15 
     U.S.C. 2056(a))--
       (1) a standard requiring button cell battery compartments 
     of battery-operated or assisted consumer products to be 
     secured, to the greatest extent practicable, in a manner that 
     reduces access to button cell batteries by children that are 
     3 years of age or younger; and
       (2) standards requiring warning labels--
       (A) to be included in any literature that accompanies a 
     battery-operated or assisted consumer product, such as a user 
     manual;
       (B) to be included on packaging for button cell batteries 
     sold to consumers; and
       (C) to be included, as practicable, directly on a battery-
     operated or assisted consumer product in a manner that is 
     visible to the consumer upon installation or replacement of 
     the button cell battery.
       (b) Warning labels required under subsection (a) shall--
       (1) clearly identify the hazard of ingestion; and
       (2) instruct consumers, as practicable, to keep new and 
     used batteries out of the reach of children and to seek 
     immediate medical attention if a battery is ingested.
       (c)(1) The standards required by subsection (a) shall be 
     promulgated in accordance with section 553 of title 5, United 
     States Code.
       (2) The requirements of subsections (a) through (f) and 
     (g)(1) of section 9 of the Consumer Product Safety Act (15 
     U.S.C. 2058) shall not apply to the promulgation of the 
     standards required by subsection (a) of this section.
       (d) Each final consumer product safety standard required by 
     subsection (a) shall apply to battery-operated or assisted 
     consumer products manufactured on or after the date that is 1 
     year after the date on which the Commission promulgates the 
     standard.
       Sec. 504.  Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct an analysis of the potential safety 
     risks associated with new and emerging consumer products, 
     including chemicals and other materials used in their 
     manufacture, taking into account the ability and authority of 
     the Consumer Product Safety Commission--
       (1) to identify, assess, and address such risks in a timely 
     manner; and
       (2) to keep abreast of the effects of new and emerging 
     consumer products on public health and safety.
       Sec. 505.  Not later than 150 days after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct an analysis of--
       (1) the extent to which manufacturers comply with voluntary 
     industry standards for consumer products, particularly with 
     respect to inexpensive, imported products;
       (2) whether there are consequences for such manufacturers 
     for failing to comply with such standards;
       (3) whether the Consumer Product Safety Commission has the 
     authority and the ability to require compliance with such 
     standards; and
       (4) whether there are patterns of non-compliance with such 
     standards among certain types of products or certain types of 
     manufacturers.
       Sec. 505.  Not later than 540 days after the date of the 
     enactment of this Act, the Consumer Product Safety Commission 
     shall--
       (1) in consultation with representatives of consumer 
     groups, window blind manufacturers, and independent engineers 
     and experts, examine and assess the effectiveness of the 
     ANSI/WCMA A100.1-2010 safety standard, as in effect on the 
     day before the date of the enactment of this Act; and
       (2) if the Commission determines that a more stringent 
     standard for window coverings, or revised version of the 
     standard described in paragraph (1), would eliminate the 
     strangulation risk posed by corded window coverings, 
     promulgate, in accordance with section 553 of title 5, United 
     States Code, a window covering safety standard that is more 
     stringent than the standard described in paragraph (1).

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out the Help America Vote 
     Act of 2002 (Public Law 107-252), $14,750,000, of which 
     $3,250,000 shall be transferred to the National Institute of 
     Standards and Technology for election reform activities 
     authorized under the Help America Vote Act of 2002.

                   Federal Communications Commission

                         salaries and expenses

       For necessary expenses of the Federal Communications 
     Commission, as authorized by law, including uniforms and 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; not 
     to exceed $4,000 for official reception and representation 
     expenses; purchase and hire of motor vehicles; special 
     counsel fees; and services as authorized by 5 U.S.C. 3109, 
     $354,181,000:  Provided, That $354,181,000 of offsetting 
     collections shall be assessed and collected pursuant to 
     section 9 of title I of the Communications Act of 1934, shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended:  
     Provided further, That the sum herein appropriated shall be 
     reduced as such offsetting collections are received during 
     fiscal year 2012 so as to result in a final fiscal year 2012 
     appropriation estimated at $0:  Provided further, That any 
     offsetting collections received in excess of $354,181,000 in 
     fiscal year 2012 shall not be available for obligation:  
     Provided further, That remaining offsetting collections from 
     prior years collected in excess of the amount specified for 
     collection in each such year and otherwise becoming available 
     on October 1, 2011, shall not be available for obligation:  
     Provided further, That notwithstanding 47 U.S.C. 
     309(j)(8)(B), proceeds from the use of a competitive bidding 
     system that may be retained and made available for obligation 
     shall not exceed $85,000,000 for fiscal year 2012:  Provided 
     further, That of the amount appropriated under this heading, 
     not less than

[[Page 17409]]

     $11,721,000 shall be for the salaries and expenses of the 
     Office of Inspector General.

      administrative provisions--federal communications commission

       Sec. 510.  Section 302 of the Universal Service 
     Antideficiency Temporary Suspension Act is amended by 
     striking ``December 31, 2011'', each place it appears and 
     inserting ``December 31, 2013''.
       Sec. 511.  None of the funds appropriated by this Act may 
     be used by the Federal Communications Commission to modify, 
     amend, or change its rules or regulations for universal 
     service support payments to implement the February 27, 2004 
     recommendations of the Federal-State Joint Board on Universal 
     Service regarding single connection or primary line 
     restrictions on universal service support payments.

                 Federal Deposit Insurance Corporation

                    office of the inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $45,261,000, to be derived from the Deposit 
     Insurance Fund or, only when appropriate, the FSLIC 
     Resolution Fund.

                      Federal Election Commission

                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, $66,367,000, of which 
     not to exceed $5,000 shall be available for reception and 
     representation expenses.

                   Federal Labor Relations Authority

                         salaries and expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services authorized by 5 U.S.C. 3109, and 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, and rental of conference rooms in the 
     District of Columbia and elsewhere, $24,723,000:  Provided, 
     That public members of the Federal Service Impasses Panel may 
     be paid travel expenses and per diem in lieu of subsistence 
     as authorized by law (5 U.S.C. 5703) for persons employed 
     intermittently in the Government service, and compensation as 
     authorized by 5 U.S.C. 3109:  Provided further, That 
     notwithstanding 31 U.S.C. 3302, funds received from fees 
     charged to non-Federal participants at labor-management 
     relations conferences shall be credited to and merged with 
     this account, to be available without further appropriation 
     for the costs of carrying out these conferences.

                        Federal Trade Commission

                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses, 
     $311,563,000, to remain available until expended:  Provided, 
     That not to exceed $300,000 shall be available for use to 
     contract with a person or persons for collection services in 
     accordance with the terms of 31 U.S.C. 3718:  Provided 
     further, That, notwithstanding any other provision of law, 
     not to exceed $149,000,000 of offsetting collections derived 
     from fees collected for premerger notification filings under 
     the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 
     U.S.C. 18a), regardless of the year of collection, shall be 
     retained and used for necessary expenses in this 
     appropriation:  Provided further, That, notwithstanding any 
     other provision of law, not to exceed $21,000,000 in 
     offsetting collections derived from fees sufficient to 
     implement and enforce the Telemarketing Sales Rule, 
     promulgated under the Telemarketing and Consumer Fraud and 
     Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be 
     credited to this account, and be retained and used for 
     necessary expenses in this appropriation:  Provided further, 
     That the sum herein appropriated from the general fund shall 
     be reduced as such offsetting collections are received during 
     fiscal year 2012, so as to result in a final fiscal year 2012 
     appropriation from the general fund estimated at not more 
     than $141,563,000:  Provided further, That none of the funds 
     made available to the Federal Trade Commission may be used to 
     implement subsection (e)(2)(B) of section 43 of the Federal 
     Deposit Insurance Act (12 U.S.C. 1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

       Amounts in the Fund, including revenues and collections 
     deposited into the Fund shall be available for necessary 
     expenses of real property management and related activities 
     not otherwise provided for, including operation, maintenance, 
     and protection of federally owned and leased buildings; 
     rental of buildings in the District of Columbia; restoration 
     of leased premises; moving governmental agencies (including 
     space adjustments and telecommunications relocation expenses) 
     in connection with the assignment, allocation and transfer of 
     space; contractual services incident to cleaning or servicing 
     buildings, and moving; repair and alteration of federally 
     owned buildings including grounds, approaches and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings and sites; conversion and extension of 
     federally owned buildings; preliminary planning and design of 
     projects by contract or otherwise; construction of new 
     buildings (including equipment for such buildings); and 
     payment of principal, interest, and any other obligations for 
     public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $8,144,967,000, 
     of which: (1) $65,000,000 shall remain available until 
     expended for construction and acquisition (including funds 
     for sites and expenses, and associated design and 
     construction services):  Provided, That the General Services 
     Administration shall submit a detailed plan, by project, 
     regarding the use of funds to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 30 days of enactment of this section and will provide 
     notification to the Committees within 15 days prior to any 
     changes regarding the use of these funds; (2) $280,000,000, 
     including $20,000,000 for a Judicial Capital Security 
     program, to remain available until expended for repairs and 
     alterations, which includes associated design and 
     construction services:  Provided further, That funds made 
     available in this or any previous Act in the Federal 
     Buildings Fund for Repairs and Alterations shall, for 
     prospectus projects, be limited to the amount identified for 
     each project, except each project in this or any previous Act 
     may be increased by an amount not to exceed 10 percent unless 
     advance approval is obtained from the Committees on 
     Appropriations of a greater amount:  Provided further, That 
     additional projects for which prospectuses have been fully 
     approved may be funded under this category only if advance 
     approval is obtained from the Committees on Appropriations:  
     Provided further, That the amounts provided in this or any 
     prior Act for ``Repairs and Alterations'' may be used to fund 
     costs associated with implementing security improvements to 
     buildings necessary to meet the minimum standards for 
     security in accordance with current law and in compliance 
     with the reprogramming guidelines of the appropriate 
     Committees of the House and Senate:  Provided further, That 
     the difference between the funds appropriated and expended on 
     any projects in this or any prior Act, under the heading 
     ``Repairs and Alterations'', may be transferred to Basic 
     Repairs and Alterations or used to fund authorized increases 
     in prospectus projects:  Provided further, That all funds for 
     repairs and alterations prospectus projects shall expire on 
     September 30, 2013 and remain in the Federal Buildings Fund 
     except funds for projects as to which funds for design or 
     other funds have been obligated in whole or in part prior to 
     such date:  Provided further, That the amount provided in 
     this or any prior Act for Basic Repairs and Alterations may 
     be used to pay claims against the Government arising from any 
     projects under the heading ``Repairs and Alterations'' or 
     used to fund authorized increases in prospectus projects; (3) 
     $126,801,000 for installment acquisition payments including 
     payments on purchase contracts which shall remain available 
     until expended; (4) $5,285,198,000 for rental of space which 
     shall remain available until expended; and (5) $2,387,968,000 
     for building operations which shall remain available until 
     expended:  Provided further, That funds available to the 
     General Services Administration shall not be available for 
     expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 40 
     U.S.C. 3307(a), has not been approved, except that necessary 
     funds may be expended for each project for required expenses 
     for the development of a proposed prospectus:  Provided 
     further, That funds available in the Federal Buildings Fund 
     may be expended for emergency repairs when advance approval 
     is obtained from the Committees on Appropriations:  Provided 
     further, That amounts necessary to provide reimbursable 
     special services to other agencies under 40 U.S.C. 592(b)(2) 
     and amounts to provide such reimbursable fencing, lighting, 
     guard booths, and other facilities on private or other 
     property not in Government ownership or control as may be 
     appropriate to enable the United States Secret Service to 
     perform its protective functions pursuant to 18 U.S.C. 3056, 
     shall be available from such revenues and collections:  
     Provided further, That revenues and collections and any other 
     sums accruing to this Fund during fiscal year 2012, excluding 
     reimbursements under 40 U.S.C. 592(b)(2) in excess of the 
     aggregate new obligational authority authorized for Real 
     Property Activities of the Federal Buildings Fund in this Act 
     shall remain in the Fund and shall not be available for 
     expenditure except as authorized in appropriations Acts.

                           general activities

                         government-wide policy

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and evaluation activities 
     associated with the management of real and personal property 
     assets and certain administrative services; Government-wide 
     policy support responsibilities relating to acquisition, 
     telecommunications, information technology

[[Page 17410]]

     management, and related technology activities; services as 
     authorized by 5 U.S.C. 3109; and the Office of High 
     Performance Green Buildings; $61,750,000.

                           operating expenses

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide activities associated with utilization 
     and donation of surplus personal property; disposal of real 
     property; agency-wide policy direction, management, and 
     communications; the Civilian Board of Contract Appeals; 
     services as authorized by 5 U.S.C. 3109; and not to exceed 
     $7,500 for official reception and representation expenses; 
     $70,000,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     and service authorized by 5 U.S.C. 3109, $58,000,000:  
     Provided, That not to exceed $15,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property:  Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.

                information and engagement for citizens

                     (including transfer of funds)

       For necessary expenses of the Office of Citizen Services 
     and Innovative Technologies, including services authorized by 
     5 U.S.C. 3109, and for the necessary expenses in support of 
     interagency projects that enable the Federal Government to 
     conduct activities electronically, through the development 
     and implementation of innovative uses of information 
     technology, $39,084,000 to be deposited to the Federal 
     Citizen Services Fund and that these funds may be transferred 
     to Federal agencies to carry out the purpose of the fund and 
     this transfer authority shall be in addition to any other 
     transfer authority provided in the Act:  Provided, That the 
     appropriations, revenues, reimburseables, and collections 
     deposited into the Federal Citizen Services Fund shall only 
     be available for necessary expenses of Federal Citizen 
     Services and other information activities in the aggregate 
     amount not to exceed $90,000,000:  Provided further, That 
     revenues and collections accruing to the Fund during fiscal 
     year 2012 in excess of such amount shall remain available in 
     the Fund without regard to fiscal year and shall not be 
     available for expenditure except as authorized in 
     appropriations acts.

           allowances and office staff for former presidents

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

       administrative provisions--general services administration

             (including transfers of funds and rescission)

       Sec. 520.  Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 521.  Funds in the Federal Buildings Fund made 
     available for fiscal year 2012 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements:  Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations of the House of 
     Representatives and the Senate.
       Sec. 522.  Except as otherwise provided in this title, 
     funds made available by this Act shall be used to transmit a 
     fiscal year 2013 request for United States Courthouse 
     construction only if the request: (1) meets the design guide 
     standards for construction as established and approved by the 
     General Services Administration, the Judicial Conference of 
     the United States, and the Office of Management and Budget; 
     (2) reflects the priorities of the Judicial Conference of the 
     United States as set out in its approved 5-year construction 
     plan; and (3) includes a standardized courtroom utilization 
     study of each facility to be constructed, replaced, or 
     expanded.
       Sec. 523.  None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in compliance with the Public 
     Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 524.  From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 525.  In any case in which the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate adopt a resolution granting lease 
     authority pursuant to a prospectus transmitted to Congress by 
     the Administrator of the General Services Administration 
     under 40 U.S.C. 3307, the Administrator shall ensure that the 
     delineated area of procurement is identical to the delineated 
     area included in the prospectus for all lease agreements, 
     except that, if the Administrator determines that the 
     delineated area of the procurement should not be identical to 
     the delineated area included in the prospectus, the 
     Administrator shall provide an explanatory statement to each 
     of such committees and the Committees on Appropriations of 
     the House of Representatives and the Senate prior to 
     exercising any lease authority provided in the resolution.
       Sec. 526.  Section 1703 of title 41 U.S.C. is amended in 
     paragraph (i)(6) by:
       (1) deleting ``for training''; and
       (2) deleting ``paragraph (2)'' and inserting in lieu 
     thereof ``subparagraphs (A) and (C) to (J) of section 
     1122(a)(5) of this title''.
       Sec. 527. (a) The Administrator of General Services 
     (Administrator), through a deed of release or other 
     appropriate instrument, may release to the city of Tracy, 
     California (the City) the reversionary interests retained by 
     the United States, and all other terms, conditions, 
     reservations, and restrictions imposed, in connection with 
     the conveyance of the 200 acres conveyed pursuant to Public 
     Law 105-277 section 140, as amended by Public Law 106-31 
     section 3034 and Public Law 108-199 section 411. The exact 
     acreage and legal description of the parcel to be released 
     under subsection (a) shall be determined by a survey that is 
     satisfactory to the Administrator.
       (b) As consideration for such release authorized under 
     subsection (a), the City shall pay to the Administrator an 
     amount not less than the property's appraised Fair Market 
     Value as determined by the Administrator. The determination 
     of the Administrator is final. The Administrator shall 
     determine the property's Fair Market Value through an 
     appraisal conducted by a licensed, independent appraiser. The 
     appraisal shall be based on the property's highest and best 
     use.
       (c) As soon as practicable, but not more than 180 days 
     after enactment of this Act, the City shall enter into a 
     binding agreement with the Administrator for the conveyance 
     described in subsection (a) of this section. The net proceeds 
     from sale shall be deposited into the Federal Buildings Fund 
     established under section 592 of title 40 of the United 
     States Code.
       (d) The City shall be responsible for reimbursing the 
     Administrator for the costs associated with implementing this 
     section, including the costs of appraisal and survey. The 
     Administrator may require such additional terms and 
     conditions in connection with the release under subsection 
     (a) as the Administrator considers appropriate to protect the 
     interests of the United States.
       Sec. 528.  Of the amounts made available under the heading 
     ``Policy and Operations'' for the maintenance, protection, 
     and disposal of the U.S. Coast Guard Service Center at 
     Governor's Island, New York and the Lorton Correctional 
     Facility in Lorton, Virginia in prior years whether 
     approporated directly to the General Services Administration 
     (GSA) or to any other agency of the Government and received 
     by GSA for such purpose, $4,600,000 are rescinded.
       Sec. 529.  Within 120 days of enactment, the General 
     Services Administration shall submit a detailed report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that describes each program, project, or 
     activity that is funded by appropriations to General Services 
     Administration but is not under the control or direction, in 
     statute or in practice, of the Administrator of General 
     Services.

                 Harry S Truman Scholarship Foundation

                         salaries and expenses

       For payment to the Harry S Truman Scholarship Foundation 
     Trust Fund, established by section 10 of Public Law 93-642, 
     $700,000, to remain available until expended.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978, the Civil Service Reform Act of 1978, and 
     the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
     note), including services as authorized by 5 U.S.C. 3109, 
     rental of conference rooms in the District of Columbia and 
     elsewhere, hire of passenger motor vehicles, direct 
     procurement of survey printing, and not to exceed $2,000 for 
     official reception and representation expenses, $40,258,000 
     together with not to exceed $2,345,000 for administrative 
     expenses to adjudicate retirement appeals to be transferred 
     from the Civil Service Retirement and Disability Fund in 
     amounts determined by the Merit Systems Protection Board.

            Morris K. Udall and Stewart L. Udall Foundation

            morris k. udall and stewart l. udall trust fund

                     (including transfer of funds)

       For payment to the Morris K. Udall and Stewart L. Udall 
     Trust Fund, pursuant to the Morris K. Udall and Stewart L. 
     Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,200,000, to 
     remain available until expended, of which up to $50,000 shall 
     be used to

[[Page 17411]]

     conduct financial audits pursuant to the Accountability of 
     Tax Dollars Act of 2002 (Public Law 107-289) notwithstanding 
     sections 8 and 9 of Public Law 102-259:  Provided, That up to 
     60 percent of such funds may be transferred by the Morris K. 
     Udall and Stewart L. Udall Foundation for the necessary 
     expenses of the Native Nations Institute.

                 environmental dispute resolution fund

       For payment to the Environmental Dispute Resolution Fund to 
     carry out activities authorized in the Environmental Policy 
     and Conflict Resolution Act of 1998, $3,792,000, to remain 
     available until expended.

              National Archives and Records Administration

                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives and Records 
     Administration (including the Information Security Oversight 
     Office) and archived Federal records and related activities, 
     as provided by law, and for expenses necessary for the review 
     and declassification of documents and the activities of the 
     Public Interest Declassification Board, and for necessary 
     expenses in connection with the operations and maintenance of 
     the electronic records archives to include all direct project 
     costs associated with research, program management, and 
     corrective and adaptive software maintenance, and for the 
     hire of passenger motor vehicles, and for uniforms or 
     allowances therefor, as authorized by law (5 U.S.C. 5901 et 
     seq.), including maintenance, repairs, and cleaning, 
     $378,845,000:  Provided, That all remaining balances 
     appropriated in prior fiscal years under the heading 
     ``Electronic Records Archives'' shall be transferred to this 
     account.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General 
     Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16 
     (2008), and the Inspector General Act of 1978 (5 U.S.C. 
     App.), and for the hire of passenger motor vehicles, 
     $4,100,000.

                        repairs and restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $9,659,000, to remain available until expended:  Provided, 
     That from amounts made available for the Military Personnel 
     Records Center requirement study under this heading in Public 
     Law 108-199, the remaining unobligated balances shall be 
     available to implement the National Archives and Records 
     Administration Capital Improvement Plan:  Provided further, 
     That from amounts made available under this heading in Public 
     Law 111-8 for construction costs and related services for 
     building the addition to the John F. Kennedy Presidential 
     Library and Museum and other necessary expenses, including 
     renovating the Library as needed in constructing the 
     addition, the remaining unobligated balances shall be 
     available to implement the National Archives and Records 
     Administration Capital Improvement Plan.

         national historical publications and records commission

                             grants program

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, $5,000,000, to remain available until expended.

                  National Credit Union Administration

                       central liquidity facility

       During fiscal year 2012, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions, as authorized by 12 U.S.C. 
     1795 et seq., shall be the amount authorized by section 
     307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 
     1795f(a)(4)(A)):  Provided, That administrative expenses of 
     the Central Liquidity Facility in fiscal year 2012 shall not 
     exceed $1,250,000.

               community development revolving loan fund

       For the Community Development Revolving Loan Fund program 
     as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,247,000 
     shall be available until September 30, 2013 for technical 
     assistance to low-income designated credit unions.

                      Office of Government Ethics

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, and the Ethics Reform Act of 1989, including 
     services as authorized by 5 U.S.C. 3109, rental of conference 
     rooms in the District of Columbia and elsewhere, hire of 
     passenger motor vehicles, and not to exceed $1,500 for 
     official reception and representation expenses, $13,664,000.

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management [OPM] pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; advances for reimbursements to applicable funds of 
     OPM and the Federal Bureau of Investigation for expenses 
     incurred under Executive Order No. 10422 of January 9, 1953, 
     as amended; and payment of per diem and/or subsistence 
     allowances to employees where Voting Rights Act activities 
     require an employee to remain overnight at his or her post of 
     duty, $97,774,000, of which $6,004,000 shall remain available 
     until expended for the Enterprise Human Resources Integration 
     project, of which $642,000 may be for strengthening the 
     capacity and capabilities of the acquisition workforce (as 
     defined by the Office of Federal Procurement Policy Act, as 
     amended (41 U.S.C. 4001 et seq.)), including the recruitment, 
     hiring, training, and retention of such workforce and 
     information technology in support of acquisition workforce 
     effectiveness or for management solutions to improve 
     acquisition management, $1,416,000 shall remain available 
     until expended for the Human Resources Line of Business 
     project; and in addition $112,516,000 for administrative 
     expenses, to be transferred from the appropriate trust funds 
     of OPM without regard to other statutes, including direct 
     procurement of printed materials, for the retirement and 
     insurance programs:  Provided, That the provisions of this 
     appropriation shall not affect the authority to use 
     applicable trust funds as provided by sections 8348(a)(1)(B), 
     and 9004(f)(2)(A) of title 5, United States Code:  Provided 
     further, That no part of this appropriation shall be 
     available for salaries and expenses of the Legal Examining 
     Unit of OPM established pursuant to Executive Order No. 9358 
     of July 1, 1943, or any successor unit of like purpose:  
     Provided further, That the President's Commission on White 
     House Fellows, established by Executive Order No. 11183 of 
     October 3, 1964, may, during fiscal year 2012, accept 
     donations of money, property, and personal services:  
     Provided further, That such donations, including those from 
     prior years, may be used for the development of publicity 
     materials to provide information about the White House 
     Fellows, except that no such donations shall be accepted for 
     travel or reimbursement of travel expenses, or for the 
     salaries of employees of such Commission.

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, including services as authorized by 5 U.S.C. 3109, 
     hire of passenger motor vehicles, $3,142,000, and in 
     addition, not to exceed $21,174,000 for administrative 
     expenses to audit, investigate, and provide other oversight 
     of the Office of Personnel Management's retirement and 
     insurance programs, to be transferred from the appropriate 
     trust funds of the Office of Personnel Management, as 
     determined by the Inspector General:  Provided, That the 
     Inspector General is authorized to rent conference rooms in 
     the District of Columbia and elsewhere.

      government payment for annuitants, employees health benefits

       For payment of Government contributions with respect to 
     retired employees, as authorized by chapter 89 of title 5, 
     United States Code, and the Retired Federal Employees Health 
     Benefits Act (74 Stat. 849), such sums as may be necessary.

       government payment for annuitants, employee life insurance

       For payment of Government contributions with respect to 
     employees retiring after December 31, 1989, as required by 
     chapter 87 of title 5, United States Code, such sums as may 
     be necessary.

        payment to civil service retirement and disability fund

       For financing the unfunded liability of new and increased 
     annuity benefits becoming effective on or after October 20, 
     1969, as authorized by 5 U.S.C. 8348, and annuities under 
     special Acts to be credited to the Civil Service Retirement 
     and Disability Fund, such sums as may be necessary:  
     Provided, That annuities authorized by the Act of May 29, 
     1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may 
     hereafter be paid out of the Civil Service Retirement and 
     Disability Fund.

                       Office of Special Counsel

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel pursuant to Reorganization Plan Numbered 2 
     of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
     454), the Whistleblower Protection Act of 1989 (Public Law 
     101-12), Public Law 107-304, and the Uniformed Services 
     Employment and Reemployment Rights Act of 1994 (Public Law 
     103-353), including services as authorized by 5 U.S.C. 3109, 
     payment of fees and expenses for witnesses, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     and hire of passenger motor vehicles; $18,972,000.

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Postal Regulatory Commission 
     in carrying out the provisions of the Postal Accountability 
     and Enhancement Act (Public Law 109-435),

[[Page 17412]]

     $14,304,000, to be derived by transfer from the Postal 
     Service Fund and expended as authorized by section 603(a) of 
     such Act.

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

       For necessary expenses of the Privacy and Civil Liberties 
     Oversight Board, as authorized by section 1061 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (5 
     U.S.C. 601 note), $1,000,000, to remain available until 
     September 30, 2013.

             Recovery Accountability and Transparency Board

                         salaries and expenses

       For necessary expenses of the Recovery Accountability and 
     Transparency Board to carry out the provisions of title XV of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5), $28,400,000, to remain available until September 
     30, 2012.

                   Securities and Exchange Commission

                         salaries and expenses

       For necessary expenses for the Securities and Exchange 
     Commission, including services as authorized by 5 U.S.C. 
     3109, the rental of space (to include multiple year leases) 
     in the District of Columbia and elsewhere, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $1,407,483,130, to remain available until expended; of which 
     not less than $6,795,000 shall be for the Office of Inspector 
     General; of which not to exceed $45,000 may be used toward 
     funding a permanent secretariat for the International 
     Organization of Securities Commissions; of which, $483,130 
     shall be for strengthening the capacity and capabilities of 
     the acquisition workforce as defined by the Office of Federal 
     Procurement Policy Act, as amended (41 U.S.C. 401 et seq.), 
     including the recruitment, hiring, training, and retention of 
     such workforce and information technology in support of 
     acquisition workforce effectiveness or for management 
     solutions to improve acquisition management; and of which not 
     to exceed $100,000 shall be available for expenses for 
     consultations and meetings hosted by the Commission with 
     foreign governmental and other regulatory officials, members 
     of their delegations, appropriate representatives and staff 
     to exchange views concerning developments relating to 
     securities matters, development and implementation of 
     cooperation agreements concerning securities matters and 
     provision of technical assistance for the development of 
     foreign securities markets, such expenses to include 
     necessary logistic and administrative expenses and the 
     expenses of Commission staff and foreign invitees in 
     attendance at such consultations and meetings including: (1) 
     such incidental expenses as meals taken in the course of such 
     attendance; (2) any travel and transportation to or from such 
     meetings; and (3) any other related lodging or subsistence;  
     Provided, That fees and charges authorized by section 31 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be 
     credited to this account as offsetting collections:  Provided 
     further, That not to exceed $1,407,483,000 of such offsetting 
     collections shall be available until expended for necessary 
     expenses of this account:  Provided further, That the total 
     amount appropriated under this heading from the general fund 
     for fiscal year 2012 shall be reduced as such offsetting fees 
     are received so as to result in a final total fiscal year 
     2012 appropriation from the general fund estimated at not 
     more than $0.

                        Selective Service System

                         salaries and expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by 5 U.S.C. 4101-4118 for civilian 
     employees; purchase of uniforms, or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
     vehicles; services as authorized by 5 U.S.C. 3109; and not to 
     exceed $750 for official reception and representation 
     expenses; $23,984,000:  Provided, That during the current 
     fiscal year, the President may exempt this appropriation from 
     the provisions of 31 U.S.C. 1341, whenever the President 
     deems such action to be necessary in the interest of national 
     defense:  Provided further, That none of the funds 
     appropriated by this Act may be expended for or in connection 
     with the induction of any person into the Armed Forces of the 
     United States.

                     Small Business Administration

                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration as authorized by Public Law 
     108-447, including hire of passenger motor vehicles as 
     authorized by 31 U.S.C. 1343 and 1344, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $404,202,000:  Provided, That the Administrator is authorized 
     to charge fees to cover the cost of publications developed by 
     the Small Business Administration, and certain loan program 
     activities, including fees authorized by section 5(b) of the 
     Small Business Act:  Provided further, That, notwithstanding 
     31 U.S.C. 3302, revenues received from all such activities 
     shall be credited to this account, to remain available until 
     expended, for carrying out these purposes without further 
     appropriations:  Provided further, That the Small Business 
     Administration may accept gifts in an amount not to exceed 
     $4,000,000 and may co-sponsor activities, each in accordance 
     with section 132(a) of division K of Public Law 108-447, 
     during fiscal year 2012:  Provided further, That $112,774,000 
     shall be available to fund grants for performance in fiscal 
     year 2012 or fiscal year 2013 as authorized by section 21 of 
     the Small Business Act, of which $1,000,000 shall be for the 
     Veterans Assistance and Services Program authorized by 
     section 21(n) of the Small Business Act, as added by section 
     107 of Public Law 110-186, and of which $1,000,000 shall be 
     for the Small Business Energy Efficiency Program authorized 
     by section 1203(c) of Public Law 110-140:  Provided further, 
     That $21,956,000 shall remain available until September 30, 
     2013 for marketing, management, and technical assistance 
     under section 7(m) of the Small Business Act (15 U.S.C. 
     636(m)(4)) by intermediaries that make microloans under the 
     microloan program:  Provided further, That during fiscal year 
     2012, the applicable percentage under section 7(m)(4)(A) of 
     the Small Business Act shall be 50 percent:  Provided 
     further, That $7,100,000 shall be available for the Loan 
     Modernization and Accounting System, to be available until 
     September 30, 2013:  Provided further, That $2,000,000 shall 
     be for the Federal and State Technology Partnership Program 
     under section 34 of the Small Business Act (15 U.S.C. 657d).

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $16,267,400.

                           office of advocacy

                     (including transfer of funds)

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

                     business loans program account

                     (including transfer of funds)

       For the cost of direct loans, $3,678,000, to remain 
     available until expended, and for the cost of guaranteed 
     loans as authorized by section 7(a) of the Small Business Act 
     and section 503 of the Small Business Investment Act of 1958, 
     $206,862,000, to remain available until expended:  Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974:  Provided further, That subject to 
     section 502 of the Congressional Budget Act of 1974, during 
     fiscal year 2012 commitments to guarantee loans under section 
     503 of the Small Business Investment Act of 1958 shall not 
     exceed $7,500,000,000:  Provided further, That during fiscal 
     year 2012 commitments for general business loans authorized 
     under section 7(a) of the Small Business Act shall not exceed 
     $17,500,000,000 for a combination of amortizing term loans 
     and the aggregated maximum line of credit provided by 
     revolving loans:   Provided further, That during fiscal year 
     2012 commitments to guarantee loans for debentures under 
     section 303(b) of the Small Business Investment Act of 1958, 
     shall not exceed $3,000,000,000:  Provided further, That 
     during fiscal year 2012, guarantees of trust certificates 
     authorized by section 5(g) of the Small Business Act shall 
     not exceed a principal amount of $12,000,000,000. In 
     addition, for administrative expenses to carry out the direct 
     and guaranteed loan programs, $147,958,000, which may be 
     transferred to and merged with the appropriations for 
     Salaries and Expenses.

                     disaster loan program account

       For an additional amount for the ``Disaster Loans Program 
     Account'' for the administrative costs of direct loans 
     authorized by section 7(b) of the Small Business Act and 
     resulting from a major disaster designation pursuant to the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122(2)), $167,300,000, to remain available 
     until expended, of which $1,000,000 is for the Office of 
     Inspector General of the Small Business Administration for 
     audits and reviews of disaster loans and the disaster loan 
     programs and shall be transferred to and merged with the 
     appropriations for the Office of Inspector General; of which 
     $157,300,000 is for direct administrative expense of loan 
     making and servicing to carry out the direct loan program, 
     which may be transferred to and merged with the 
     appropriations for Salaries and Expenses; of which $9,000,000 
     is for indirect administrative expenses for the direct loan 
     program, which may be transferred to and merged with the 
     appropriations for Salaries and Expenses:  Provided, That 
     such amount is designated by Congress as being for disaster 
     relief pursuant to section 251(b)(2)(D) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177), as amended.

        administrative provisions--small business administration

                     (including transfer of funds)

       Sec. 530.  Not to exceed 5 percent of any appropriation 
     made available for the current

[[Page 17413]]

     fiscal year for the Small Business Administration in this Act 
     may be transferred between such appropriations, but no such 
     appropriation shall be increased by more than 10 percent by 
     any such transfers:  Provided, That any transfer pursuant to 
     this paragraph shall be treated as a reprogramming of funds 
     under section 608 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.

                      United States Postal Service

                   payment to the postal service fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $78,153,000, which shall not be available for obligation 
     until October 1, 2012:  Provided, That mail for overseas 
     voting and mail for the blind shall continue to be free:  
     Provided further, That 6-day delivery and rural delivery of 
     mail shall continue at not less than the 1983 level:  
     Provided further, That none of the funds made available to 
     the Postal Service by this Act shall be used to implement any 
     rule, regulation, or policy of charging any officer or 
     employee of any State or local child support enforcement 
     agency, or any individual participating in a State or local 
     program of child support enforcement, a fee for information 
     requested or provided concerning an address of a postal 
     customer:  Provided further, That none of the funds provided 
     in this Act shall be used to consolidate or close small rural 
     and other small post offices in fiscal year 2012.

                      office of inspector general

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $241,468,000, to be derived by transfer from the 
     Postal Service Fund and expended as authorized by section 
     603(b)(3) of the Postal Accountability and Enhancement Act 
     (Public Law 109-435).

                        United States Tax Court

                         salaries and expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $51,469,000:  
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

       Sec. 601.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 602.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 603.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 605.  None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307).
       Sec. 606.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 607.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 608.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2012, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that:
       (1) creates a new program;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     the Congress;
       (4) proposes to use funds directed for a specific activity 
     by the Committee on Appropriations of either the House of 
     Representatives or the Senate for a different purpose;
       (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less;
       (6) reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or
       (7) creates or reorganizes offices, programs, or activities 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided, That prior to any significant 
     reorganization or restructuring of offices, programs, or 
     activities, each agency or entity funded in this Act shall 
     consult with the Committees on Appropriations of the House of 
     Representatives and the Senate:  Provided further, That not 
     later than 60 days after the date of enactment of this Act, 
     each agency funded by this Act shall submit a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate to establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year:  Provided further, That at a minimum, the report shall 
     include:
       (A) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (B) a delineation in the table for each appropriation both 
     by object class and program, project, and activity as 
     detailed in the budget appendix for the respective 
     appropriation; and
       (C) an identification of items of special congressional 
     interest:  Provided further, That the amount appropriated or 
     limited for salaries and expenses for an agency shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       Sec. 609.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2012 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2012 in this Act, shall remain available through 
     September 30, 2013, for each such account for the purposes 
     authorized:  Provided, That a request shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate for approval prior to the 
     expenditure of such funds:  Provided further, That these 
     requests shall be made in compliance with reprogramming 
     guidelines.
       Sec. 610.  None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 611.  The cost accounting standards promulgated under 
     chapter 15 of title 41, United States Code shall not apply 
     with respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 612.  For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office of Personnel Management pursuant to court approval.
       Sec. 613.  In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in chapter 83 of title 41, United States Code 
     (popularly known as the Buy American Act), shall not apply to 
     the acquisition by the Federal Government of information 
     technology (as defined in section 11101 of title 40, United 
     States Code), that is a commercial item (as defined in 
     section 103 of title 41, United States Code).
       Sec. 614.  Notwithstanding section 1353 of title 31, United 
     States Code, no officer or employee of any regulatory agency 
     or commission funded by this Act may accept on behalf of that 
     agency, nor may such agency or commission accept, payment or 
     reimbursement from a non-Federal entity for travel, 
     subsistence, or related expenses for the purpose of enabling 
     an officer or employee to attend and participate in any 
     meeting or similar function relating to the official duties 
     of the officer or employee when the entity offering payment 
     or reimbursement is a person or entity subject to regulation 
     by such agency or commission, or represents a person or 
     entity subject to regulation by such agency or commission, 
     unless the person or entity is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.

[[Page 17414]]

       Sec. 615.  The Public Company Accounting Oversight Board 
     shall have authority to obligate funds for the scholarship 
     program established by section 109(c)(2) of the Sarbanes-
     Oxley Act of 2002 (Public Law 107-204) in an aggregate amount 
     not exceeding the amount of funds collected by the Board as 
     of December 31, 2011, including accrued interest, as a result 
     of the assessment of monetary penalties. Funds available for 
     obligation in fiscal year 2012 shall remain available until 
     expended.
       Sec. 616.  From the unobligated balances of prior year 
     appropriations made available for the Privacy and Civil 
     Liberties Oversight Board, $998,000 are rescinded.
       Sec. 617.  Notwithstanding section 708 of this Act, funds 
     made available to the Commodity Futures Trading Commission 
     and the Securities and Exchange Commission by this or any 
     other Act may be used for the interagency funding and 
     sponsorship of a joint advisory committee to advise on 
     emerging regulatory issues.
       Sec. 618.  Section 1107 of title 31, United States Code, is 
     amended by adding to the end thereof the following: ``The 
     President shall transmit promptly to Congress without change, 
     proposed deficiency and supplemental appropriations submitted 
     to the President by the legislative branch and the judicial 
     branch.''.
       Sec. 619.  Section 7 of the Abraham Lincoln Commemorative 
     Coin Act (31 U.S.C. Sec.  5112 note) is amended in subsection 
     (b) by striking ``Abraham Lincoln Bicentennial Commission to 
     further the work of the Commission'' and inserting ``Abraham 
     Lincoln Bicentennial Foundation for the purposes of 
     commemorating the bicentennial of the birth of Abraham 
     Lincoln, and fostering and promoting the awareness and study 
     of the life of Abraham Lincoln'' and in subsection (c) by 
     striking ``Abraham Lincoln Bicentennial Commission'' and 
     inserting ``Abraham Lincoln Bicentennial Foundation''.
       Sec. 620.  During fiscal year 2012, for purposes of section 
     908(b)(1) of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), the term 
     ``payment of cash in advance'' shall be interpreted as 
     payment before the transfer of title to, and control of, the 
     exported items to the Cuban purchaser.
       Sec. 621.  The Help America Vote Act of 2002 (Public Law 
     107-252) is amended by:
       (1) inserting in section 255(b)(42 U.S.C. 15405) ``posted 
     on the Commission's website with a notice'' after ``cause to 
     have the plan'';
       (2) inserting in section 253(d)(42 U.S.C. 15403) ``notice 
     of'' prior to ``the State plan'';
       (3) inserting in section 254(a)(11)(42 U.S.C. 15404) 
     ``notice of'' prior to ``the change''; and
       (4) inserting in section 254(a)(11)(C)(42 U.S.C. 15404) 
     ``notice of'' prior to ``the change''.
       Sec. 622.  Section 605 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1990 (15 U.S.C. 18a note) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``The filing fees'' and inserting ``Subject to subsection 
     (c), the filing fees'';
       (B) in paragraph (1), by striking ``$45,000'' and inserting 
     ``$60,000'';
       (C) in paragraph (2)--
       (i) by striking ``$125,000'' and inserting ``$160,000''; 
     and
       (ii) by striking ``and'' at the end;
       (D) in paragraph (3)--
       (i) by striking ``$280,000'' and inserting ``$360,000''; 
     and
       (ii) by striking the period at the end and inserting ``but 
     less than $1,000,000,000 (as so adjusted and published); 
     and''; and
       (E) by adding at the end the following:
       ``(4) $500,000 if the aggregate total amount determined 
     under section 7A(a)(2) of the Clayton Act (15 U.S.C. 
     18a(a)(2)) is not less than $1,000,000,000 (as so adjusted 
     and published).''; and
       (2) by adding at the end the following:
       ``(c) For fiscal year 2013, and each fiscal year 
     thereafter, the Federal Trade Commission shall publish in the 
     Federal Register and increase the amount of each filing fee 
     under subsection (b) in the same manner and on the same dates 
     as provided under section 8(a)(5) of the Clayton Act (15 
     U.S.C. 19(a)(5)) to reflect the percentage change in the 
     gross national product for the fiscal year as compared to the 
     gross national product for fiscal year 2011, except that the 
     Federal Trade Commission--
       ``(1) shall round any increase in a filing fee under this 
     subsection to the nearest $5,000;
       ``(2) shall not increase filing fees under this subsection 
     if the increase in the gross national product is less than 1 
     percent; and
       ``(3) shall not decrease filing fees under this 
     subsection.''.
       Sec. 623.  None of the funds appropriated by this or any 
     other Act shall be available for the purpose of conveying the 
     headquarters building of the Federal Trade Commission 
     (located at 600 Pennsylvania Avenue, Northwest, in the 
     District of Columbia) to any entity unless the Administrator 
     of the General Services Administration determines that such 
     transaction is made in the best interest of the taxpayer. In 
     making a final determination, the Administrator shall 
     consider if the Federal Government would be compensated at 
     least the Fair Market Value of such building as determined by 
     the Administrator of the General Services. The Administrator 
     shall determine the property's Fair Market Value through an 
     appraisal conducted by a licensed, independent appraiser. The 
     appraisal shall be based on the property's highest and best 
     use. The Administrator shall also consider cost to the 
     taxpayer for acquiring replacement space for the headquarters 
     building of the Federal Trade Commission and for moving staff 
     and operations to such replacement space. The determination 
     of the Administrator shall be final.
       Sec. 624.  Notwithstanding any other provision of law, the 
     President may not restrict direct transfers from a Cuban 
     financial institution to a United States financial 
     institution executed in payment for a product authorized for 
     sale under the Trade Sanctions Reform and Export Enhancement 
     Act of 2000 (22 U.S.C. 7201 et seq.).

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       Sec. 701.  No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2012 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act (21 U.S.C. 802)) by the officers 
     and employees of such department, agency, or instrumentality.
       Sec. 702.  Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with subsection 1343(c) of title 31, United States 
     Code, for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover surveillance vehicles), is hereby fixed at $13,179 
     except station wagons for which the maximum shall be $13,631: 
      Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles:  Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
      Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles:  
     Provided further, That the limits set forth in this section 
     shall not apply to any vehicle that is a commercial item and 
     which operates on emerging motor vehicle technology, 
     including but not limited to electric, plug-in hybrid 
     electric, and hydrogen fuel cell vehicles.
       Sec. 703.  Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 704.  Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person who is 
     lawfully admitted for permanent residence and is seeking 
     citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a 
     person who is admitted as a refugee under 8 U.S.C. 1157 or is 
     granted asylum under 8 U.S.C. 1158 and has filed a 
     declaration of intention to become a lawful permanent 
     resident and then a citizen when eligible; or (4) is a person 
     who owes allegiance to the United States:  Provided, That for 
     purposes of this section, affidavits signed by any such 
     person shall be considered prima facie evidence that the 
     requirements of this section with respect to his or her 
     status are being complied with:  Provided further, That for 
     purposes of subsections (2) and (3) such affidavits shall be 
     submitted prior to employment and updated thereafter as 
     necessary:  Provided further, That any person making a false 
     affidavit shall be guilty of a felony, and upon conviction, 
     shall be fined no more than $4,000 or imprisoned for not more 
     than 1 year, or both:  Provided further, That the above penal 
     clause shall be in addition to, and not in substitution for, 
     any other provisions of existing law:  Provided further, That 
     any payment made to any officer or employee contrary to the 
     provisions of this section shall be recoverable in action by 
     the Federal Government:  Provided further, That this section 
     shall not apply to any person who is an officer or employee 
     of the Government of the United States on the date of 
     enactment of this Act, or to international broadcasters 
     employed by the Broadcasting Board of Governors, or to 
     temporary employment of translators, or to temporary 
     employment in the field service (not to exceed

[[Page 17415]]

     60 days) as a result of emergencies:  Provided further, That 
     this section does not apply to the employment as Wildland 
     firefighters for not more than 120 days of nonresident aliens 
     employed by the Department of the Interior or the USDA Forest 
     Service pursuant to an agreement with another country.
       Sec. 705.  Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 479), the Public 
     Buildings Amendments of 1972 (86 Stat. 216), or other 
     applicable law.
       Sec. 706.  In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13423 
     (January 24, 2007), including any such programs adopted prior 
     to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 707.  Funds made available by this or any other Act 
     for administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available:  Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 708.  No part of any appropriation contained in this 
     or any other Act shall be available for interagency financing 
     of boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 709.  None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a joint resolution duly adopted in 
     accordance with the applicable law of the United States.
       Sec. 710. (a) Notwithstanding any other provision of law, 
     and except as otherwise provided in this section, no part of 
     any of the funds appropriated for fiscal year 2012, by this 
     or any other Act, may be used to pay any prevailing rate 
     employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by the comparable section for previous 
     fiscal years until the normal effective date of the 
     applicable wage survey adjustment that is to take effect in 
     fiscal year 2012, in an amount that exceeds the rate payable 
     for the applicable grade and step of the applicable wage 
     schedule in accordance with such section; and
       (2) during the period consisting of the remainder of fiscal 
     year 2012, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (A) the percentage adjustment taking effect in fiscal year 
     2012 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (B) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2012 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in the previous fiscal 
     year under such section.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (a) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule not in existence on September 30, 2011, shall 
     be determined under regulations prescribed by the Office of 
     Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 2011, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 2011.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 711.  During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Federal Government appointed by the President 
     of the United States, holds office, no funds may be obligated 
     or expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is transmitted to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate. For the purposes of this section, the term ``office'' 
     shall include the entire suite of offices assigned to the 
     individual, as well as any other space used primarily by the 
     individual or the use of which is directly controlled by the 
     individual.
       Sec. 712.  Notwithstanding section 31 U.S.C. 1346, or 
     section 708 of this Act, funds made available for the current 
     fiscal year by this or any other Act shall be available for 
     the interagency funding of national security and emergency 
     preparedness telecommunications initiatives which benefit 
     multiple Federal departments, agencies, or entities, as 
     provided by Executive Order No. 12472 (April 3, 1984).
       Sec. 713. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to 5 U.S.C. 3302, without a 
     certification to the Office of Personnel Management from the 
     head of the Federal department, agency, or other 
     instrumentality employing the Schedule C appointee that the 
     Schedule C position was not created solely or primarily in 
     order to detail the employee to the White House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed forces detailed to 
     or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the National Geospatial-Intelligence Agency;
       (5) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (6) the Bureau of Intelligence and Research of the 
     Department of State;
       (7) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Department of Homeland Security, 
     the Federal Bureau of Investigation and the Drug Enforcement 
     Administration of the Department of Justice, the Department 
     of Transportation, the Department of the Treasury, and the 
     Department of Energy performing intelligence functions; or
       (8) the Director of National Intelligence or the Office of 
     the Director of National Intelligence.
       Sec. 714.  No part of any appropriation contained in this 
     or any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or

[[Page 17416]]

       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance or 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 715. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants, 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 716. (a) No funds appropriated in this or any other 
     Act may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act of 1989 (governing disclosures of illegality, 
     waste, fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). 
     The definitions, requirements, obligations, rights, 
     sanctions, and liabilities created by said Executive order 
     and listed statutes are incorporated into this agreement and 
     are controlling.'':  Provided, That notwithstanding the 
     preceding provision of this section, a nondisclosure policy 
     form or agreement that is to be executed by a person 
     connected with the conduct of an intelligence or 
     intelligence-related activity, other than an employee or 
     officer of the United States Government, may contain 
     provisions appropriate to the particular activity for which 
     such document is to be used. Such form or agreement shall, at 
     a minimum, require that the person will not disclose any 
     classified information received in the course of such 
     activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that they do not bar disclosures to Congress, 
     or to an authorized official of an executive agency or the 
     Department of Justice, that are essential to reporting a 
     substantial violation of law.
       (b) Effective 180 days after enactment of this Act, 
     subsection (a) is amended by--
       (1) striking ``Executive Order No. 12958'' and inserting 
     ``Executive Order No. 13526 (75 Fed. Reg. 707), or any 
     successor thereto''; and
       (2) after ``the Intelligence Identities Protection Act of 
     1982 (50 U.S.C. 421 et seq.) (governing disclosures that 
     could expose confidential Government agents);'' inserting 
     ``sections 7(c) and 8H of the Inspector General Act of 1978 
     (5 U.S.C. App.) (relating to disclosures to an inspector 
     general, the inspectors general of the Intelligence 
     Community, and Congress); section 103H(g)(3) of the National 
     Security Act of 1947 (50 U.S.C. 403-3h(g)(3) (relating to 
     disclosures to the inspector general of the Intelligence 
     Community); sections 17(d)(5) and 17(e)(3) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5) and 
     403q(e)(3)) (relating to disclosures to the Inspector General 
     of the Central Intelligence Agency and Congress);''.
       (c) A nondisclosure agreement entered into before the 
     effective date of the amendment in subsection (b) may 
     continue to be implemented and enforced after that effective 
     date if it complies with the requirements of subsection (a) 
     that were in effect prior to the effective date of the 
     amendment in subsection (b).
       Sec. 717.  No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 718.  None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 719.  None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 720.  No part of any appropriation contained in this 
     or any other Act shall be used directly or indirectly, 
     including by private contractor, for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.
       Sec. 721. (a) In this section, the term ``agency''--
       (1) means an Executive agency, as defined under 5 U.S.C. 
     105;
       (2) includes a military department, as defined under 
     section 102 of such title, the Postal Service, and the Postal 
     Regulatory Commission; and
       (3) shall not include the Government Accountability Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under 5 U.S.C. 
     6301(2), has an obligation to expend an honest effort and a 
     reasonable proportion of such employee's time in the 
     performance of official duties.
       Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act to any department or agency, which 
     is a member of the Federal Accounting Standards Advisory 
     Board (FASAB), shall be available to finance an appropriate 
     share of FASAB administrative costs.
       Sec. 723.  Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 724.  Notwithstanding 31 U.S.C. 1346, or section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act shall be available for the 
     interagency funding of specific projects, workshops, studies, 
     and similar efforts to carry out the purposes of the National 
     Science and Technology Council (authorized by Executive Order 
     No. 12881), which benefit multiple Federal departments, 
     agencies, or entities:  Provided, That the Office of 
     Management and Budget shall provide a report describing the 
     budget of and resources connected with the National Science 
     and Technology Council to the Committees on Appropriations, 
     the House Committee on Science and Technology, and the Senate 
     Committee on Commerce, Science, and Transportation 90 days 
     after enactment of this Act.
       Sec. 725.  Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided:  Provided, That this provision shall apply 
     to direct payments, formula funds, and grants received by a 
     State receiving Federal funds.
       Sec. 726. (a) Prohibition of Federal Agency Monitoring of 
     Individuals' Internet Use.--None of the funds made available 
     in this or any other Act may be used by any Federal agency--
       (1) to collect, review, or create any aggregation of data, 
     derived from any means, that includes any personally 
     identifiable information relating to an individual's access 
     to or use of any Federal Government Internet site of the 
     agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregation of data, derived from any means, that 
     includes any personally identifiable information relating to 
     an individual's access to or use of any nongovernmental 
     Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or

[[Page 17417]]

       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to providing the Internet 
     site services or to protecting the rights or property of the 
     provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 727. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF HealthPlans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 728.  The Congress of the United States recognizes the 
     United States Anti-Doping Agency (USADA) as the official 
     anti-doping agency for Olympic, Pan American, and Paralympic 
     sport in the United States.
       Sec. 729.  Notwithstanding any other provision of law, 
     funds appropriated for official travel by Federal departments 
     and agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 730.  Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this Act or 
     any other appropriations Act may be used to implement or 
     enforce restrictions or limitations on the Coast Guard 
     Congressional Fellowship Program, or to implement the 
     proposed regulations of the Office of Personnel Management to 
     add sections 300.311 through 300.316 to part 300 of title 5 
     of the Code of Federal Regulations, published in the Federal 
     Register, volume 68, number 174, on September 9, 2003 
     (relating to the detail of executive branch employees to the 
     legislative branch).
       Sec. 731.  Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, except that the 
     Federal Law Enforcement Training Center is authorized to 
     obtain the temporary use of additional facilities by lease, 
     contract, or other agreement for training which cannot be 
     accommodated in existing Center facilities.
       Sec. 732. (a) For fiscal year 2012, no funds shall be 
     available for transfers or reimbursements to the e-government 
     initiatives sponsored by the Office of Management and Budget 
     prior to 15 days following submission of a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate by the Director of the Office of Management 
     and Budget and receipt of approval to transfer funds by the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       (b) The report in subsection (a) and other required 
     justification materials shall include at a minimum--
       (1) a description of each initiative including but not 
     limited to its objectives, benefits, development status, 
     risks, cost effectiveness (including estimated net costs or 
     savings to the government), and the estimated date of full 
     operational capability;
       (2) the total development cost of each initiative by fiscal 
     year including costs to date, the estimated costs to complete 
     its development to full operational capability, and estimated 
     annual operations and maintenance costs; and
       (3) the sources and distribution of funding by fiscal year 
     and by agency and bureau for each initiative including agency 
     contributions to date and estimated future contributions by 
     agency.
       (c) No funds shall be available for obligation or 
     expenditure for new e-government initiatives without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate.
       Sec. 733.  Notwithstanding section 1346 of title 31, United 
     States Code, and section 708 of this Act and any other 
     provision of law, the head of each appropriate executive 
     department and agency shall transfer to or reimburse the 
     United States Fish and Wildlife Service, upon the direction 
     of the Director of the Office of Management and Budget, funds 
     made available by this or any other Act for the purposes 
     described below, and shall submit budget requests for such 
     purposes. These funds shall be administered by the United 
     States Fish and Wildlife Service, in consultation with the 
     appropriate interagency groups designated by the Director and 
     shall be used to ensure the uninterrupted, continuous 
     operation of the Midway Atoll Airfield by the United States 
     Fish and Wildlife Service pursuant to an operational 
     agreement with the Federal Aviation Administration for the 
     entirety of fiscal year 2012 and any period thereafter that 
     precedes the enactment of the Financial Services and General 
     Government Appropriations Act, 2013. The Director of the 
     Office of Management and Budget shall mandate the necessary 
     transfers after determining an equitable allocation between 
     the appropriate executive departments and agencies of the 
     responsibility for funding the continuous operation of the 
     Midway Atoll Airfield based on, but not limited to, potential 
     use, interest in maintaining aviation safety, and 
     applicability to governmental operations and agency mission. 
     The total funds transferred or reimbursed shall not exceed 
     $6,000,000 for any 12-month period. Such sums shall be 
     sufficient to ensure continued operation of the airfield 
     throughout the period cited above. Funds shall be available 
     for operation of the airfield or airfield-related capital 
     upgrades. The Director of the Office of Management and Budget 
     shall notify the Committees on Appropriations of the House of 
     Representatives and the Senate of such transfers or 
     reimbursements within 15 days of this Act. Such transfers or 
     reimbursements shall begin within 30 days of enactment of 
     this Act.
       Sec. 734.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to begin or 
     announce a study or public-private competition regarding the 
     conversion to contractor performance of any function 
     performed by Federal employees pursuant to Office of 
     Management and Budget Circular A-76 or any other 
     administrative regulation, directive, or policy.
       Sec. 735.  Unless otherwise authorized by existing law, 
     none of the funds provided in this Act or any other Act may 
     be used by an executive branch agency to produce any 
     prepackaged news story intended for broadcast or distribution 
     in the United States, unless the story includes a clear 
     notification within the text or audio of the prepackaged news 
     story that the prepackaged news story was prepared or funded 
     by that executive branch agency.
       Sec. 736.  None of the funds made available in this Act may 
     be used in contravention of section 552a of title 5, United 
     States Code (popularly known as the Privacy Act) and 
     regulations implementing that section.
       Sec. 737.  Each executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government travel charge card. Such 
     evaluations for individually billed travel charge cards shall 
     include an assessment of the individual's consumer report 
     from a consumer reporting agency as those terms are defined 
     in section 603 of the Fair Credit Reporting Act (Public Law 
     91-508):  Provided, That the department or agency may not 
     issue a government travel charge card to an individual that 
     either lacks a credit history or is found to have an 
     unsatisfactory credit history as a result of this evaluation: 
      Provided further, That this restriction shall not preclude 
     issuance of a restricted-use charge, debit, or stored value 
     card made in accordance with agency procedures to: (1) an 
     individual with an unsatisfactory credit history where such 
     card is used to pay travel expenses and the agency determines 
     there is no suitable alternative payment mechanism available 
     before issuing the card; or (2) an individual who lacks a 
     credit history. Each executive department and agency shall 
     establish guidelines and procedures for disciplinary actions 
     to be taken against agency personnel for improper, 
     fraudulent, or abusive use of government charge cards, which 
     shall include appropriate disciplinary actions for use of 
     charge cards for purposes, and at establishments, that are 
     inconsistent with the official business of the Department or 
     agency or with applicable standards of conduct.
       Sec. 738. (a) Definitions.--For purposes of this section 
     the following definitions apply:
       (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
     Lakes State'' have the same meanings as such terms have in 
     section 506 of the Water Resources Development Act of 2000 
     (42 U.S.C. 1962d-22).
       (2) Great lakes restoration activities.--The term ``Great 
     Lakes restoration activities'' means any Federal or State 
     activity primarily or entirely within the Great Lakes 
     watershed that seeks to improve the overall health of the 
     Great Lakes ecosystem.
       (b) Report.--Not later than 45 days after submission of the 
     budget of the President to Congress, the Director of the 
     Office of Management and Budget, in coordination with the 
     Governor of each Great Lakes State and the Great Lakes 
     Interagency Task Force, shall submit to the appropriate 
     authorizing and appropriating committees of the Senate and 
     the House of Representatives a financial report, certified by 
     the Secretary of each

[[Page 17418]]

     agency that has budget authority for Great Lakes restoration 
     activities, containing--
       (1) an interagency budget crosscut report that--
       (A) displays the budget proposed, including any planned 
     interagency or intra-agency transfer, for each of the Federal 
     agencies that carries out Great Lakes restoration activities 
     in the upcoming fiscal year, separately reporting the amount 
     of funding to be provided under existing laws pertaining to 
     the Great Lakes ecosystem; and
       (B) identifies all expenditures since fiscal year 2004 by 
     the Federal Government and State governments for Great Lakes 
     restoration activities;
       (2) a detailed accounting of all funds received and 
     obligated by all Federal agencies and, to the extent 
     available, State agencies using Federal funds, for Great 
     Lakes restoration activities during the current and previous 
     fiscal years;
       (3) a budget for the proposed projects (including a 
     description of the project, authorization level, and project 
     status) to be carried out in the upcoming fiscal year with 
     the Federal portion of funds for activities; and
       (4) a listing of all projects to be undertaken in the 
     upcoming fiscal year with the Federal portion of funds for 
     activities.
       Sec. 739. (a) In General.--None of the funds appropriated 
     or otherwise made available by this or any other Act may be 
     used for any Federal Government contract with any foreign 
     incorporated entity which is treated as an inverted domestic 
     corporation under section 835(b) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an 
     entity.
       (b) Waivers.--
       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.--This section shall not apply to any Federal 
     Government contract entered into before the date of the 
     enactment of this Act, or to any task order issued pursuant 
     to such contract.
       Sec. 740.  None of the funds made available by this or any 
     other Act may be used to implement, administer, enforce, or 
     apply the rule entitled ``Competitive Area'' published by the 
     Office of Personnel Management in the Federal Register on 
     April 15, 2008 (73 Fed. Reg. 20180 et seq.).
       Sec. 741.  Section 743 of the Consolidated Appropriations 
     Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is 
     amended--
       (1) in subsection (a)(3), by inserting after ``exercise of 
     an option'' the following: ``, and task orders issued under 
     any such contract,'';
       (2) in subsection (a)(3)(G), by inserting before the period 
     at the end the following: ``, using direct labor hours and 
     associated cost data collected from contractors'';
       (3) in subsection (e)(2)(B), by striking the text and 
     inserting the following: ``the contracts exclude to the 
     maximum extent practicable functions that are closely 
     associated with inherently governmental functions;''; and
       (4) by redesignating subsections (h) and (i) as subsections 
     (i) and (j) and by inserting after subsection (g) the 
     following new subsection:
       ``(h) Submission of Report on Actions Taken Before Public-
     private Competition May Occur.--An executive agency may not 
     begin, plan for, or announce a study or public-private 
     competition regarding the conversion to contractor 
     performance of any function performed by Federal employees 
     pursuant to Office of Management and Budget Circular A-76 or 
     any other administrative regulation or directive until after 
     that agency has submitted to the Office of Management and 
     Budget a report, pursuant to subsection (f), that includes 
     actions taken to convert from contractor to Federal employee 
     performance functions that are not inherently governmental, 
     closely associated with governmental functions, critical, or 
     should not otherwise be reserved for performance by Federal 
     employees. This subsection shall take effect beginning with 
     the report required under subsection (f) that is included as 
     an attachment to the annual inventory due by December 31, 
     2011.''.
       Sec. 742.  The Office of Management and Budget shall 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), to prohibit the use of direct conversions to 
     contract out, in whole or in part, activities or functions 
     last performed by any number of Federal employees by an 
     executive agency without first conducting a public-private 
     competition. Such guidance shall ensure that--
       (1) activities or functions performed by an executive 
     agency and are reengineered, reorganized, modernized, 
     upgraded, expanded, or changed to become more efficient, but 
     still essentially providing the same service, shall not be 
     contacted out without first conducting a public-private 
     conpetition;
       (2) activities or functions performed by Federal employees 
     for an executive agency may not be modified, reorganized, 
     divided, or in any way changed for the purpose of exempting 
     the conversion of the activities or functions from the 
     prohibition against the use of direct conversions; and
       (3) activities or functions performed by Federal employees 
     for an executive agency who have retired or been reassigned 
     to perform other activities may not be converted to 
     contractor performance without first conducting a public-
     private competition.
       Sec. 743.  During fiscal year 2012, for each employee who--
       (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of 
     title 5, United States Code, or
       (2) retires under any other provision of subchapter III of 
     chapter 83 or chapter 84 of such title 5 and receives a 
     payment as an incentive to separate, the separating agency 
     shall remit to the Civil Service Retirement and Disability 
     Fund an amount equal to the Office of Personnel Management's 
     average unit cost of processing a retirement claim for the 
     preceding fiscal year. Such amounts shall be available until 
     expended to the Office of Personnel Management and shall be 
     deemed to be an administrative expense under section 
     8348(a)(1)(B) of title 5, United States Code.
       Sec. 744. (a) Definitions.--In this section--
       (1) the term ``agency''--
       (A) means an Executive agency as defined under section 105 
     of title 5, United States Code; and
       (B) does not apply to the Department of Defense; and
       (2) the term ``Federal employee'' means an employee as 
     defined under section 2105 of title 5, United States Code.
       (b) Prohibition of Certain Personnel Management 
     Limitations.--
       (1) In general.--Federal employees in each agency shall be 
     managed each fiscal year solely on the basis of, and 
     consistent with--
       (A) the workload required to carry out the functions and 
     activities of that agency; and
       (B) the funds made available to that agency for that fiscal 
     year.
       (2) Prohibition on limitations.--Notwithstanding any other 
     provision of law--
       (A) the management of Federal employees in any fiscal year 
     shall not be subject to any limitation in terms of work 
     years, full-time equivalent positions, or maximum number of 
     Federal employees; and
       (B) an agency may not be required to make a reduction in 
     the number of full-time equivalent positions, unless that 
     reduction is--
       (i) necessary due to a reduction in funds available to the 
     agency; or
       (ii) required under a statute that--

       (I) is enacted after the date of enactment of this Act; and
       (II) specifically refers to this section.

       (c)  Employee Numbers, Skills, and Qualifications.--In each 
     fiscal year, the head of each agency shall ensure that there 
     are employed during that fiscal year Federal employees in the 
     number and with the combination of skills and qualifications 
     that are necessary to carry out the functions within the 
     applicable budget activity for which funds are provided for 
     that fiscal year.
       (d) Reports.--
       (1) In general.--Not later than February 1 of each year, 
     the Director of the Office of Management and Budget shall 
     submit to the Committees on Appropriations of the Senate and 
     the House of Representatives a report on the management of 
     the Federal workforce.
       (2) Contents.--Each report submitted under this subsection 
     shall include a statement by the Director of the Office of 
     Management and Budget with respect to the preceding fiscal 
     year--
       (A) on the compliance of agencies (including the Office of 
     Management and Budget) with subsections (b) and (c); and
       (B) that identifies any agency that was not in compliance 
     with subsections (b) and (c).
       (e)  Effective Date.--This section shall apply to fiscal 
     year 2012 and each fiscal year thereafter.
       Sec. 745.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in any title other than 
     title IV or VIII shall not apply to such title IV or VIII.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

       Sec. 801.  Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 802.  Appropriations in this Act shall be available 
     for expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor, or, in the 
     case of the Council of the District of Columbia, funds may be 
     expended with the authorization of the Chairman of the 
     Council.
       Sec. 803.  There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered

[[Page 17419]]

     against the District of Columbia government.
       Sec. 804. (a) None of the Federal funds provided in this 
     Act shall be used for publicity or propaganda purposes or 
     implementation of any policy including boycott designed to 
     support or defeat legislation pending before Congress or any 
     State legislature.
       (b) The District of Columbia may use local funds provided 
     in this title to carry out lobbying activities on any matter.
       Sec. 805. (a) None of the Federal funds provided under this 
     Act to the agencies funded by this Act, both Federal and 
     District government agencies, that remain available for 
     obligation or expenditure in fiscal year 2012, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the agencies 
     funded by this Act, shall be available for obligation or 
     expenditures for an agency through a reprogramming of funds 
     which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) re-establishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $3,000,000 or 10 percent, whichever is less; or
       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center,
     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified in writing 15 
     days in advance of the reprogramming.
       (b) The District of Columbia government is authorized to 
     approve and execute reprogramming and transfer requests of 
     local funds under this title through November 1, 2012.
       Sec. 806.  Consistent with the provisions of section 
     1301(a) of title 31, United States Code, appropriations under 
     this Act shall be applied only to the objects for which the 
     appropriations were made except as otherwise provided by law.
       Sec. 807.  None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 808.  Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this section, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or a 
     District of Columbia government employee as may otherwise be 
     designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day or is otherwise 
     designated by the Fire Chief;
       (3) at the discretion of the Director of the Department of 
     Corrections, an officer or employee of the District of 
     Columbia Department of Corrections who resides in the 
     District of Columbia and is on call 24 hours a day or is 
     otherwise designated by the Director;
       (4) the Mayor of the District of Columbia; and
       (5) the Chairman of the Council of the District of 
     Columbia.
       Sec. 809. (a) None of the Federal funds contained in this 
     Act may be used by the District of Columbia Attorney General 
     or any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Attorney General from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 810.  None of the Federal funds contained in this Act 
     may be used to distribute any needle or syringe for the 
     purpose of preventing the spread of blood borne pathogens in 
     any location that has been determined by the local public 
     health or local law enforcement authorities to be 
     inappropriate for such distribution.
       Sec. 811.  Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 812.  Hereafter, as part of the submission of the 
     annual budget justification, the Mayor of the District of 
     Columbia shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report addressing--
       (1) crime, including the homicide rate, implementation of 
     community policing, and the number of police officers on 
     local beats;
       (2) access to substance and alcohol abuse treatment, 
     including the number of treatment slots, the number of people 
     served, the number of people on waiting lists, and the 
     effectiveness of treatment programs, the retention rates in 
     treatment programs, and the recidivism/re-arrest rates for 
     treatment participants;
       (3) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools, 
     repeated grade rates, high school graduation rates, and post-
     secondary education attendance rates;
       (4) improvement in basic District services, including rat 
     control and abatement; and
       (5) application for and management of Federal grants, 
     including the number and type of grants for which the 
     District was eligible but failed to apply and the number and 
     type of grants awarded to the District but for which the 
     District failed to spend the amounts received.
       Sec. 813.  None of the Federal funds contained in this Act 
     may be used to enact or carry out any law, rule, or 
     regulation to legalize or otherwise reduce penalties 
     associated with the possession, use, or distribution of any 
     schedule I substance under the Controlled Substances Act (21 
     U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
       Sec. 814.  None of the Federal funds appropriated under 
     this Act shall be expended for any abortion except where the 
     life of the mother would be endangered if the fetus were 
     carried to term or where the pregnancy is the result of an 
     act of rape or incest.
       Sec. 815. (a) No later than 30 calendar days after the date 
     of the enactment of this Act, the Chief Financial Officer for 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council of the 
     District of Columbia, a revised appropriated funds operating 
     budget in the format of the budget that the District of 
     Columbia government submitted pursuant to section 442 of the 
     District of Columbia Home Rule Act (D.C. Official Code, sec. 
     1-204.42), for all agencies of the District of Columbia 
     government for fiscal year 2012 that is in the total amount 
     of the approved appropriation and that realigns all budgeted 
     data for personal services and other-than-personal services, 
     respectively, with anticipated actual expenditures.
       (b) This section shall apply only to an agency for which 
     the Chief Financial Officer for the District of Columbia 
     certifies that a reallocation is required to address 
     unanticipated changes in program requirements.
       Sec. 816.  No later than 30 calendar days after the date of 
     the enactment of this Act, the Chief Financial Officer for 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council for the 
     District of Columbia, a revised appropriated funds operating 
     budget for the District of Columbia Public Schools that 
     aligns schools budgets to actual enrollment. The revised 
     appropriated funds budget shall be in the format of the 
     budget that the District of Columbia government submitted 
     pursuant to section 442 of the District of Columbia Home Rule 
     Act (D.C. Official Code, Sec. 1-204.42).
       Sec. 817.  Amounts appropriated in this Act as operating 
     funds may be transferred to the District of Columbia's 
     enterprise and capital funds and such amounts, once 
     transferred, shall retain appropriation authority consistent 
     with the provisions of this Act.
       Sec. 818.  Notwithstanding any other laws, for this and 
     succeeding fiscal years, the Director of the District of 
     Columbia Public Defender Service shall, to the extent the 
     Director considers appropriate, provide representation for 
     and hold harmless, or provide liability insurance for, any 
     person who is an employee, member of the Board of Trustees, 
     or officer of the District of Columbia Public Defender 
     Service for money damages arising out of any claim, 
     proceeding, or case at law relating to the furnishing of 
     representational services or management services or related 
     services while acting within the scope of that person's 
     office or employment, including, but not limited to such 
     claims, proceedings, or cases at law involving employment 
     actions, injury, loss of liberty, property damage, loss of 
     property, or personal injury, or death arising from 
     malpractice or negligence of any such officer or employee.
       Sec. 819.  Section 346 of the District of Columbia 
     Appropriations Act, 2005 (Public Law 108-335) is amended--
       (1) in the title, by striking ``Biennial'';
       (2) in subsection (a), by striking ``Biennial management'' 
     and inserting ``Management'';

[[Page 17420]]

       (3) in subsection (a), by striking ``States.'' and 
     inserting ``States every five years.''; and
       (4) in subsection (b)(6), by striking ``2'' and inserting 
     ``5''.
       Sec. 820.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in this title or in title 
     IV shall be treated as referring only to the provisions of 
     this title or of title IV.
       This Act may be cited as the ``Financial Services and 
     General Government Appropriations Act, 2012''.

   DIVISION C--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                                PROGRAMS

       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Department of State, foreign operations, and related programs 
     for the fiscal year ending September 30, 2012, and for other 
     purposes, namely:

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, $6,877,500,000, 
     of which $1,400,000,000 is for Worldwide Security Protection 
     (to remain available until expended):  Provided, That funds 
     made available under this heading shall be allocated as 
     follows:
       (1) Human resources.--For necessary expenses for training, 
     human resources management, and salaries, including 
     employment without regard to civil service and classification 
     laws of persons on a temporary basis (not to exceed 
     $700,000), as authorized by section 801 of the United States 
     Information and Educational Exchange Act of 1948, 
     $2,387,854,000, to remain available until September 30, 2013, 
     of which not less than $134,700,000 shall be available only 
     for public diplomacy American salaries, and $205,900,000 is 
     for Worldwide Security Protection and shall remain available 
     until expended.
       (2) Overseas programs.--For necessary expenses for the 
     regional bureaus of the Department of State and overseas 
     activities as authorized by law, $2,124,646,000, to remain 
     available until September 30, 2013, of which not less than 
     $360,602,000 shall be available only for public diplomacy 
     international information programs.
       (3) Diplomatic policy and support.--For necessary expenses 
     for the functional bureaus of the Department of State 
     including representation to certain international 
     organizations in which the United States participates 
     pursuant to treaties ratified pursuant to the advice and 
     consent of the Senate or specific Acts of Congress, general 
     administration, and arms control, nonproliferation and 
     disarmament activities as authorized, $865,000,000, to remain 
     available until September 30, 2013.
       (4) Security programs.--For necessary expenses for security 
     activities, $1,500,000,000, to remain available until 
     September 30, 2013, of which $1,194,100,000 is for Worldwide 
     Security Protection and shall remain available until 
     expended.
       (5) Fees and payments collected.--In addition to amounts 
     otherwise made available under this heading--
       (A) not to exceed $1,753,991 shall be derived from fees 
     collected from other executive agencies for lease or use of 
     facilities located at the International Center in accordance 
     with section 4 of the International Center Act, and, in 
     addition, as authorized by section 5 of such Act, $520,150, 
     to be derived from the reserve authorized by that section, to 
     be used for the purposes set out in that section;
       (B) as authorized by section 810 of the United States 
     Information and Educational Exchange Act, not to exceed 
     $5,000,000, to remain available until expended, may be 
     credited to this appropriation from fees or other payments 
     received from English teaching, library, motion pictures, and 
     publication programs and from fees from educational advising 
     and counseling and exchange visitor programs; and
       (C) not to exceed $15,000, which shall be derived from 
     reimbursements, surcharges and fees for use of Blair House 
     facilities.
       (6) Transfer, reprogramming, and spending plan.--
       (A) Notwithstanding any provision of this Act, funds may be 
     reprogrammed within and between subsections under this 
     heading subject to section 7015 of this Act.
       (B) Of the amount made available under this heading, not to 
     exceed $10,000,000 may be transferred to, and merged with, 
     funds made available by this Act under the heading 
     ``Emergencies in the Diplomatic and Consular Service'', to be 
     available only for emergency evacuations and rewards, as 
     authorized.
       (C) Funds appropriated under this heading are available for 
     acquisition by exchange or purchase of passenger motor 
     vehicles as authorized by law and, pursuant to 31 U.S.C. 
     1108(g), for the field examination of programs and activities 
     in the United States funded from any account contained in 
     this title.

                        capital investment fund

       For necessary expenses of the Capital Investment Fund, 
     $69,915,000, to remain available until expended, as 
     authorized:  Provided, That section 135(e) of Public Law 103-
     236 shall not apply to funds available under this heading.

                      office of inspector general

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

               educational and cultural exchange programs

       For expenses of educational and cultural exchange programs, 
     as authorized, $612,000,000, to remain available until 
     expended:  Provided, That not to exceed $5,000,000, to remain 
     available until expended, may be credited to this 
     appropriation from fees or other payments received from or in 
     connection with English teaching, educational advising and 
     counseling programs, and exchange visitor programs as 
     authorized.

                       representation allowances

       For representation allowances as authorized, $7,300,000.

              protection of foreign missions and officials

       For expenses, not otherwise provided, to enable the 
     Secretary of State to provide for extraordinary protective 
     services, as authorized, $27,744,000, to remain available 
     until September 30, 2013.

            embassy security, construction, and maintenance

       For necessary expenses for carrying out the Foreign Service 
     Buildings Act of 1926 (22 U.S.C. 292-303), preserving, 
     maintaining, repairing, and planning for buildings that are 
     owned or directly leased by the Department of State, 
     renovating, in addition to funds otherwise available, the 
     Harry S Truman Building, and carrying out the Diplomatic 
     Security Construction Program as authorized, $795,000,000, to 
     remain available until expended as authorized, of which not 
     to exceed $25,000 may be used for domestic and overseas 
     representation as authorized:  Provided, That none of the 
     funds appropriated in this paragraph shall be available for 
     acquisition of furniture, furnishings, or generators for 
     other departments and agencies.
       In addition, for the costs of worldwide security upgrades, 
     acquisition, and construction as authorized, $775,000,000, to 
     remain available until expended:  Provided, That not later 
     than 45 days after enactment of this Act, the Secretary of 
     State shall submit to the Committees on Appropriations the 
     proposed allocation of funds made available under this 
     heading and the actual and anticipated proceeds of sales for 
     all projects in fiscal year 2012.

           emergencies in the diplomatic and consular service

                     (including transfer of funds)

       For necessary expenses to enable the Secretary of State to 
     meet unforeseen emergencies arising in the Diplomatic and 
     Consular Service, $9,300,000, to remain available until 
     expended as authorized, of which not to exceed $1,000,000 may 
     be transferred to, and merged with, funds appropriated by 
     this Act under the heading ``Repatriation Loans Program 
     Account'', subject to the same terms and conditions.

                   repatriation loans program account

                     (including transfer of funds)

       For the cost of direct loans, $1,447,000, as authorized, of 
     which $710,000 may be made available for administrative 
     expenses necessary to carry out the direct loan program and 
     may be paid to ``Diplomatic and Consular Programs'':  
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974.

              payment to the american institute in taiwan

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

     payment to the foreign service retirement and disability fund

       For payment to the Foreign Service Retirement and 
     Disability Fund, as authorized, $158,900,000.

                      International Organizations

              contributions to international organizations

       For necessary expenses, not otherwise provided for, to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $1,585,000,000:  Provided, That 
     the Secretary of State shall, at the time of the submission 
     of the President's budget to Congress under section 1105(a) 
     of title 31, United States Code, transmit to the Committees 
     on Appropriations the most recent biennial budget prepared by 
     the United Nations for the operations of the United Nations:  
     Provided further, That the Secretary of State shall notify 
     the Committees on Appropriations of any United Nations action 
     to increase funding for any United Nations program without 
     identifying an offsetting decrease elsewhere in the United 
     Nations budget:  Provided further, That notwithstanding

[[Page 17421]]

     any other provision of law, credits to United States assessed 
     contributions to the United Nations Tax Equalization Fund 
     should be used to offset other assessed contributions to the 
     United Nations, subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That any payment of arrearages under this heading 
     shall be directed toward activities that are mutually agreed 
     upon by the United States and the respective international 
     organization:  Provided further, That none of the funds 
     appropriated under this heading shall be available for a 
     United States contribution to an international organization 
     for the United States share of interest costs made known to 
     the United States Government by such organization for loans 
     incurred on or after October 1, 1984, through external 
     borrowings.

        contributions for international peacekeeping activities

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security, $1,900,000,000, of which 15 percent shall remain 
     available until September 30, 2013:  Provided, That at least 
     15 days in advance of voting for a new or expanded mission in 
     the United Nations Security Council (or in an emergency as 
     far in advance as is practicable): (1) the Committees on 
     Appropriations shall be notified of the estimated cost and 
     duration of the mission, the national interest that will be 
     served, the exit strategy, and that the United Nations has 
     taken appropriate measures to prevent United Nations 
     employees, contractor personnel, and peacekeeping forces 
     serving in the mission from trafficking in persons, 
     exploiting victims of trafficking, or committing acts of 
     illegal sexual exploitation or other violations of human 
     rights, and to hold accountable individuals who engage in 
     such acts while participating in the peacekeeping mission, 
     including the prosecution in their home countries of such 
     individuals in connection with such acts; and (2) 
     notification pursuant to section 7015 of this Act is 
     submitted, and the procedures therein followed, setting forth 
     the source of funds that will be used to pay for the cost of 
     the new or expanded mission:  Provided further, That funds 
     shall be available for peacekeeping expenses unless the 
     Secretary of State determines that American manufacturers and 
     suppliers are not being given opportunities to provide 
     equipment, services, and material for United Nations 
     peacekeeping activities equal to those being given to foreign 
     manufacturers and suppliers:  Provided further, That the 
     Secretary of State shall work with the United Nations and 
     governments contributing peacekeeping troops to develop 
     effective vetting procedures to ensure that troops have not 
     violated human rights:  Provided further, That 
     notwithstanding any other provision of law, credits to United 
     States assessed contributions to United Nations peacekeeping 
     missions and to the United Nations Tax Equalization Fund 
     should be used to offset other assessed contributions to the 
     United Nations, subject to the regular notification 
     procedures of the Committees on Appropriations.

                       International Commissions

       For necessary expenses, not otherwise provided for, to meet 
     obligations of the United States arising under treaties, or 
     specific Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

       For necessary expenses for the United States Section of the 
     International Boundary and Water Commission, United States 
     and Mexico, and to comply with laws applicable to the United 
     States Section, including not to exceed $6,000 for 
     representation; as follows:

                         salaries and expenses

       For salaries and expenses, not otherwise provided for, 
     $45,000,000.

                              construction

       For detailed plan preparation and construction of 
     authorized projects, $29,862,000, to remain available until 
     expended, as authorized.

              american sections, international commissions

       For necessary expenses, not otherwise provided, for the 
     International Joint Commission and the International Boundary 
     Commission, United States and Canada, as authorized by 
     treaties between the United States and Canada or Great 
     Britain, and the Border Environment Cooperation Commission as 
     authorized by Public Law 103-182, $11,687,000:  Provided, 
     That of the amount provided under this heading for the 
     International Joint Commission, $9,000 may be made available 
     for representation expenses.

                  international fisheries commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $36,300,000:  Provided, That the United States share of 
     such expenses may be advanced to the respective commissions 
     pursuant to 31 U.S.C. 3324.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

       For necessary expenses to enable the Broadcasting Board of 
     Governors (BBG), as authorized, to carry out international 
     communication activities, and to make and supervise grants 
     for radio and television broadcasting to the Middle East, 
     $740,039,000:  Provided, That of the total amount in this 
     heading, not less than $2,500,000 shall be used to expand 
     unrestricted access to information on the Internet through 
     the development and use of circumvention and secure 
     communication technologies:  Provided further, That the BBG 
     shall coordinate the use of such technologies with the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development, as appropriate:  
     Provided further, That the circumvention technologies and 
     programs supported by funds made available by this Act or 
     Public Law 112-10 shall undergo a peer review, to include an 
     assessment of protections against such technologies being 
     used for illicit purposes such as furthering the 
     communications capabilities of extremist groups or their 
     supporters:  Provided further, That prior to obligation, the 
     BBG shall submit to the Committees on Appropriations a report 
     detailing planned expenditures for funds made available for 
     such activities:  Provided further, That not later than 
     September 30, 2012, the BBG shall submit a report to the 
     Committees on Appropriations listing programs supported by 
     the BBG to promote unrestricted access to information through 
     the Internet, including an assessment of the results of such 
     programs:  Provided further, That of the total amount 
     appropriated under this heading, not to exceed $16,000 may be 
     used for official receptions within the United States as 
     authorized, not to exceed $35,000 may be used for 
     representation abroad as authorized, and not to exceed 
     $39,000 may be used for official reception and representation 
     expenses of Radio Free Europe/Radio Liberty:  Provided 
     further, That the authority provided by section 504(c) of the 
     Foreign Relations Authorization Act, Fiscal Year 2003 (Public 
     Law 107-228; 22 U.S.C. 6206 note) shall remain in effect 
     through September 30, 2012:  Provided further, That the BBG 
     shall notify the Committees on Appropriations within 15 days 
     of any determination by the Board that any of its broadcast 
     entities, including its grantee organizations, provides an 
     open platform for international terrorists or those who 
     support international terrorism, or is in violation of the 
     principles and standards set forth in the United States 
     International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and 
     (b)) or the entity's journalistic code of ethics:  Provided 
     further, That reductions and increases to BBG broadcast hours 
     previously justified to Congress, including changes to 
     transmission platforms (shortwave, medium wave, satellite, 
     and television), for all BBG language services shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That in 
     addition to funds made available under this heading, and 
     notwithstanding any other provision of law, up to $2,000,000 
     in receipts from advertising and revenue from business 
     ventures, up to $500,000 in receipts from cooperating 
     international organizations, and up to $1,000,000 in receipts 
     from privatization efforts of the Voice of America and the 
     International Broadcasting Bureau, to remain available until 
     expended for carrying out authorized purposes.

                   broadcasting capital improvements

       For the purchase, rent, construction, and improvement of 
     facilities for radio and television transmission and 
     reception, and purchase and installation of necessary 
     equipment for radio and television transmission and 
     reception, including to Cuba, as authorized, $9,361,000, to 
     remain available until expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

       For a grant to The Asia Foundation, as authorized by The 
     Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain 
     available until expended, as authorized.

                    United States Institute of Peace

       For necessary expenses of the United States Institute of 
     Peace, as authorized by the United States Institute of Peace 
     Act, $31,589,000, to remain available until September 30, 
     2012, which shall not be used for construction activities.

         Center for Middle Eastern-Western Dialogue Trust Fund

       For necessary expenses of the Center for Middle Eastern-
     Western Dialogue Trust Fund, as authorized by section 633 of 
     the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 2004 (22 
     U.S.C. 2078), the total amount of the interest and earnings 
     accruing to such Fund on or before September 30, 2012, to 
     remain available until expended.

                 Eisenhower Exchange Fellowship Program

       For necessary expenses of Eisenhower Exchange Fellowships, 
     Incorporated, as authorized by sections 4 and 5 of the 
     Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
     5205), all interest and earnings accruing to the Eisenhower 
     Exchange Fellowship Program Trust Fund on or before September 
     30, 2012, to remain available until expended:  Provided, That 
     none of the funds appropriated herein shall be used to pay 
     any salary or other compensation, or to enter into any 
     contract providing for the payment thereof,

[[Page 17422]]

     in excess of the rate authorized by 5 U.S.C. 5376; or for 
     purposes which are not in accordance with OMB Circulars A-110 
     (Uniform Administrative Requirements) and A-122 (Cost 
     Principles for Non-profit Organizations), including the 
     restrictions on compensation for personal services.

                    Israeli Arab Scholarship Program

       For necessary expenses of the Israeli Arab Scholarship 
     Program, as authorized by section 214 of the Foreign 
     Relations Authorization Act, Fiscal Years 1992 and 1993 (22 
     U.S.C. 2452), all interest and earnings accruing to the 
     Israeli Arab Scholarship Fund on or before September 30, 
     2012, to remain available until expended.

                            East-West Center

       To enable the Secretary of State to provide for carrying 
     out the provisions of the Center for Cultural and Technical 
     Interchange Between East and West Act of 1960, by grant to 
     the Center for Cultural and Technical Interchange Between 
     East and West in the State of Hawaii, $16,700,000:  Provided, 
     That none of the funds appropriated herein shall be used to 
     pay any salary, or enter into any contract providing for the 
     payment thereof, in excess of the rate authorized by 5 U.S.C. 
     5376.

                    National Endowment for Democracy

       For grants made by the Department of State to the National 
     Endowment for Democracy, as authorized by the National 
     Endowment for Democracy Act, $117,764,000, to remain 
     available until expended, of which $100,000,000 shall be 
     allocated in the traditional and customary manner, including 
     for the core institutes, and $25,000,000 shall be for 
     democracy, human rights, and rule of law programs:  Provided, 
     That the President of the National Endowment for Democracy 
     shall submit to the Committees on Appropriations not later 
     than 45 days after the date of enactment of this Act a report 
     on the proposed uses of funds under this heading on a 
     regional and country basis.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

       For necessary expenses for the Commission for the 
     Preservation of America's Heritage Abroad, $656,000, as 
     authorized by section 1303 of Public Law 99-83.

      United States Commission on International Religious Freedom

                         salaries and expenses

       For necessary expenses for the United States Commission on 
     International Religious Freedom, as authorized by title II of 
     the International Religious Freedom Act of 1998 (Public Law 
     105-292), $4,291,000, to remain available until September 30, 
     2013:  Provided, That notwithstanding the expenditure 
     limitation specified in section 208(c)(1) of such Act (22 
     U.S.C. 6435a(c)(1)), the Commission may expend up to $250,000 
     of the funds made available under this heading to procure 
     temporary and intermittent services under the authority of 
     section 3109(b) of title 5, United States Code.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

       For necessary expenses of the Commission on Security and 
     Cooperation in Europe, as authorized by Public Law 94-304, 
     $2,715,000, to remain available until September 30, 2013.

  Congressional-Executive Commission on the People's Republic of China

                         salaries and expenses

       For necessary expenses of the Congressional-Executive 
     Commission on the People's Republic of China, as authorized 
     by title III of the U.S.-China Relations Act of 2000 (22 
     U.S.C. 6911-6919), $1,996,000, including not more than $3,000 
     for the purpose of official representation, to remain 
     available until September 30, 2013.

      United States-China Economic and Security Review Commission

                         salaries and expenses

       For necessary expenses of the United States-China Economic 
     and Security Review Commission, as authorized by section 1238 
     of the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (22 U.S.C. 7002), $3,493,000, including not 
     more than $4,000 for the purpose of official representation, 
     to remain available until September 30, 2013:  Provided, That 
     the second through sixth provisos under this heading in 
     division F of Public Law 111-117 shall continue in effect 
     during fiscal year 2012 and shall apply as if part of this 
     Act.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $1,251,000,000, to remain available until September 30, 2013: 
      Provided, That none of the funds appropriated under this 
     heading and under the heading ``Capital Investment Fund'' in 
     this title may be made available to finance the construction 
     (including architect and engineering services), purchase, or 
     long-term lease of offices for use by the United States 
     Agency for International Development (USAID), unless the 
     USAID Administrator has identified such proposed use of funds 
     in a report submitted to the Committees on Appropriations at 
     least 15 days prior to the obligation of funds for such 
     purposes:  Provided further, That contracts or agreements 
     entered into with funds appropriated under this heading may 
     entail commitments for the expenditure of such funds through 
     the following fiscal year:  Provided further, That any 
     decision to open a new USAID mission, bureau, center, or 
     office or, except where there is a substantial security risk 
     to mission personnel, to close or significantly reduce the 
     number of personnel of any such mission or office, shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That the 
     authority of sections 610 and 109 of the Foreign Assistance 
     Act of 1961 may be exercised by the Secretary of State to 
     transfer funds appropriated to carry out chapter 1 of part I 
     of such Act to ``Operating Expenses'' in accordance with the 
     provisions of those sections:  Provided further, That any 
     reprogramming of funds in excess of $1,000,000 or 10 percent, 
     whichever is less, to the cost categories in the table 
     included under this heading in the report accompanying this 
     Act for funds appropriated under this heading, shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That of the 
     funds appropriated or made available under this heading, not 
     to exceed $250,000 may be available for representation and 
     entertainment allowances, of which not to exceed $5,000 may 
     be available for entertainment allowances, for USAID during 
     the current fiscal year:  Provided further, That no such 
     entertainment funds may be used for the purposes listed in 
     section 7020 of this Act:  Provided further, That appropriate 
     steps shall be taken to assure that, to the maximum extent 
     possible, United States-owned foreign currencies are utilized 
     in lieu of dollars.

                        capital investment fund

       For necessary expenses for overseas construction and 
     related costs, and for the procurement and enhancement of 
     information technology and related capital investments, 
     pursuant to section 667 of the Foreign Assistance Act of 
     1961, $137,000,000, to remain available until expended:  
     Provided, That this amount is in addition to funds otherwise 
     available for such purposes:  Provided further, That funds 
     appropriated under this heading shall be available for 
     obligation only pursuant to the regular notification 
     procedures of the Committees on Appropriations.

                      office of inspector general

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $49,000,000, to remain available until September 30, 2013, 
     which sum shall be available for the Office of Inspector 
     General of the United States Agency for International 
     Development.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For necessary expenses to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, to remain available until September 30, 2012, 
     unless otherwise specified herein, as follows:

                         global health programs

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for global health activities, in addition to funds 
     otherwise available for such purposes, $2,657,500,000, to 
     remain available until September 30, 2013, and which shall be 
     apportioned directly to the United States Agency for 
     International Development (USAID):  Provided, That this 
     amount shall be made available for training, equipment, and 
     technical assistance to build the capacity of public health 
     institutions and organizations in developing countries, and 
     for such activities as: (1) child survival and maternal 
     health programs; (2) immunization and oral rehydration 
     programs; (3) other health, nutrition, water and sanitation 
     programs which directly address the needs of mothers and 
     children, and related education programs; (4) assistance for 
     children displaced or orphaned by causes other than AIDS; (5) 
     programs for the prevention, treatment, control of, and 
     research on HIV/AIDS, tuberculosis, polio, malaria, and other 
     infectious diseases including neglected tropical diseases, 
     and for assistance to communities severely affected by HIV/
     AIDS, including children infected or affected by AIDS; and 
     (6) family planning/reproductive health:  Provided further, 
     That funds appropriated under this paragraph shall be made 
     available for a United States contribution to the GAVI 
     Alliance:  Provided further, That none of the funds made 
     available in this Act nor any unobligated balances from prior 
     appropriations Acts may be made available to any organization 
     or program which, as determined by the President of the 
     United States, supports or participates in the management of 
     a program of coercive abortion or involuntary sterilization:  
     Provided further, That any determination made under the 
     previous proviso must be made no later than 6 months after 
     enactment of this Act, and must be accompanied

[[Page 17423]]

     by the evidence and criteria utilized to make the 
     determination:  Provided further, That none of the funds made 
     available under this Act may be used to pay for the 
     performance of abortion as a method of family planning or to 
     motivate or coerce any person to practice abortions:  
     Provided further, That nothing in this paragraph shall be 
     construed to alter any existing statutory prohibitions 
     against abortion under section 104 of the Foreign Assistance 
     Act of 1961:  Provided further, That none of the funds made 
     available under this Act may be used to lobby for or against 
     abortion:  Provided further, That the ninth and tenth 
     provisos under this heading in the Consolidated 
     Appropriations Act, 2010 (Public Law 111-117) shall apply to 
     funds appropriated under this heading in this Act:  Provided 
     further, That for purposes of this or any other Act 
     authorizing or appropriating funds for the Department of 
     State, foreign operations, and related programs, the term 
     ``motivate'', as it relates to family planning assistance, 
     shall not be construed to prohibit the provision, consistent 
     with local law, of information or counseling about all 
     pregnancy options:  Provided further, That information 
     provided about the use of condoms as part of projects or 
     activities that are funded from amounts appropriated by this 
     Act shall be medically accurate and shall include the public 
     health benefits and failure rates of such use.
       In addition, for necessary expenses to carry out the 
     provisions of the Foreign Assistance Act of 1961 for the 
     prevention, treatment, and control of, and research on, HIV/
     AIDS, $5,250,000,000, to remain available until September 30, 
     2015, which shall be apportioned directly to the Department 
     of State:  Provided, That of the funds appropriated under 
     this paragraph, not less than $750,000,000 shall be made 
     available, notwithstanding any other provision of law, except 
     for the United States Leadership Against HIV/AIDS, 
     Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as 
     amended, for a United States contribution to the Global Fund 
     to Fight AIDS, Tuberculosis and Malaria (Global Fund), and 
     shall be expended at the minimum rate necessary to make 
     timely payment for projects and activities:  Provided 
     further, That up to 5 percent of the aggregate amount of 
     funds made available to the Global Fund in fiscal year 2012 
     may be made available to USAID for technical assistance 
     related to the activities of the Global Fund:  Provided 
     further, That of the funds appropriated under this paragraph, 
     up to $14,250,000 may be made available, in addition to 
     amounts otherwise available for such purposes, for 
     administrative expenses of the Office of the United States 
     Global AIDS Coordinator.

                         development assistance

       For necessary expenses to carry out the provisions of 
     sections 103, 105, 106, 214, and sections 251 through 255, 
     and chapter 10 of part I of the Foreign Assistance Act of 
     1961, $2,550,000,000, to remain available until September 30, 
     2013:  Provided, That relevant bureaus and offices of the 
     United States Agency for International Development (USAID) 
     that support cross-cutting development programs shall 
     coordinate such programs on a regular basis:  Provided 
     further, That funds appropriated by this Act shall be made 
     available for water and sanitation supply projects pursuant 
     to the Paul Simon Water for the Poor Act of 2005 (Public Law 
     109-121):  Provided further, That funds appropriated by this 
     Act for food security and agricultural development programs 
     may be made available notwithstanding any other provision of 
     law and shall be made available for a United States 
     contribution to the endowment of the Global Crop Diversity 
     Trust pursuant to section 3202 of Public Law 110-246:  
     Provided further, That funds appropriated under this heading 
     shall be made available for programs to improve women's 
     leadership capacity in recipient countries.

                   international disaster assistance

       For necessary expenses to carry out the provisions of 
     section 491 of the Foreign Assistance Act of 1961 for 
     international disaster relief, rehabilitation, and 
     reconstruction assistance, $850,000,000, to remain available 
     until expended.

                         transition initiatives

       For necessary expenses for international disaster 
     rehabilitation and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, 
     $55,000,000, to remain available until expended, to support 
     transition to democracy and to long-term development of 
     countries in crisis:  Provided, That such support may include 
     assistance to develop, strengthen, or preserve democratic 
     institutions and processes, revitalize basic infrastructure, 
     and foster the peaceful resolution of conflict:  Provided 
     further, That the United States Agency for International 
     Development shall submit a report to the Committees on 
     Appropriations at least 5 days prior to beginning a new 
     program of assistance:  Provided further, That if the 
     Secretary of State determines that it is important to the 
     national interests of the United States to provide transition 
     assistance in excess of the amount appropriated under this 
     heading, up to $15,000,000 of the funds appropriated by this 
     Act to carry out the provisions of part I of the Foreign 
     Assistance Act of 1961 may be used for purposes of this 
     heading and under the authorities applicable to funds 
     appropriated under this heading:  Provided further, That 
     funds made available pursuant to the previous proviso shall 
     be made available subject to prior consultation with the 
     Committees on Appropriations.

                          complex crises fund

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 to enable the Administrator of 
     the United States Agency for International Development 
     (USAID), with the concurrence of the Secretary of State, to 
     support programs and activities to prevent or respond to 
     emerging or unforeseen complex crises overseas, $30,000,000, 
     to remain available until expended:  Provided, That the 
     administrative authorities of the Foreign Assistance Act of 
     1961 shall be applicable to funds appropriated under this 
     heading:  Provided further, That funds appropriated under 
     this heading may be made available on such terms and 
     conditions as the USAID Administrator may determine, in 
     consultation with the Committees on Appropriations, for the 
     purposes of preventing or responding to such crises, except 
     that no funds shall be made available to respond to natural 
     disasters:  Provided further, That funds appropriated under 
     this heading shall be made available notwithstanding section 
     10 of Public Law 91-672 and section 15 of the State 
     Department Basic Authorities Act of 1956:  Provided further, 
     That funds appropriated under this heading may be made 
     available notwithstanding any other provision of law, except 
     sections 7007, 7008, and 7018 of this Act:  Provided further, 
     That funds appropriated under this heading shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations, except that such notifications shall be 
     transmitted at least 5 days in advance of the obligation of 
     funds.

                      development credit authority

                     (including transfer of funds)

       For the cost of direct loans and loan guarantees provided 
     by the United States Agency for International Development, as 
     authorized by sections 256 and 635 of the Foreign Assistance 
     Act of 1961, up to $50,000,000 may be derived by transfer 
     from funds appropriated by this Act to carry out part I of 
     such Act and under the heading ``Assistance for Europe, 
     Eurasia and Central Asia'':  Provided, That funds provided 
     under this paragraph and funds provided as a gift pursuant to 
     section 635(d) of the Foreign Assistance Act of 1961 shall be 
     made available only for micro and small enterprise programs, 
     urban programs, and other programs which further the purposes 
     of part I of such Act:  Provided further, That such costs, 
     including the cost of modifying such direct and guaranteed 
     loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended:  Provided 
     further, That funds made available by this paragraph may be 
     used for the cost of modifying any such guaranteed loans 
     under this Act or prior Acts, and funds used for such costs 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations:  Provided further, That the 
     provisions of section 107A(d) (relating to general provisions 
     applicable to the Development Credit Authority) of the 
     Foreign Assistance Act of 1961, as contained in section 306 
     of H.R. 1486 as reported by the House Committee on 
     International Relations on May 9, 1997, shall be applicable 
     to direct loans and loan guarantees provided under this 
     heading, except that the principal amount of loans made or 
     guaranteed under this heading with respect to any single 
     country or borrower shall not exceed $300,000,000:  Provided 
     further, That these funds are available to subsidize total 
     loan principal, any portion of which is to be guaranteed, of 
     up to $1,000,000,000.
       In addition, for administrative expenses to carry out 
     credit programs administered by the United States Agency for 
     International Development, $8,300,000, which may be 
     transferred to, and merged with, funds made available under 
     the heading ``Operating Expenses'' in title II of this Act:  
     Provided, That funds made available under this heading shall 
     remain available until September 30, 2014.

                         economic support fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     $4,378,560,000, to remain available until September 30, 2013: 
      Provided, That of the funds appropriated under this heading, 
     up to $250,000,000 shall be available for assistance for 
     Egypt, which shall be for programs and activities (including 
     to implement sections 7039(a)(3) and (b) of this Act) to 
     reduce poverty and create jobs, strengthen democracy, and 
     protect human rights, including not less than $35,000,000 for 
     education programs of which not less than $10,000,000 is for 
     scholarships at not-for-profit institutions for Egyptian 
     students with high financial need:  Provided further, That 
     funds appropriated under this heading that are made available 
     for assistance for Cyprus shall be used only for 
     scholarships, administrative support of the scholarship 
     program, bicommunal projects, and measures aimed at 
     reunification of the island and designed to reduce tensions 
     and promote peace and cooperation between the two communities 
     on Cyprus:  Provided further, That $12,000,000 of the funds 
     made available

[[Page 17424]]

     for assistance for Lebanon under this heading shall be for 
     scholarships at not-for-profit institutions for students in 
     Lebanon with high financial need:  Provided further, That of 
     the funds appropriated under this heading, not less than 
     $360,000,000 shall be available for assistance for Jordan, 
     including for programs and activities to reduce poverty and 
     create jobs, strengthen democracy, and protect human rights:  
     Provided further, That up to $30,000,000 of the funds 
     appropriated for fiscal year 2011 under this heading in 
     Public Law 112-10, division B, may be made available for the 
     costs, as defined in section 502 of the Congressional Budget 
     Act of 1974, of loan guarantees for Tunisia, which are 
     authorized to be provided:  Provided further, That amounts 
     that are made available under the previous proviso for the 
     cost of guarantees shall not be considered ``assistance'' for 
     the purposes of provisions of law limiting assistance to a 
     country:  Provided further, That none of the funds 
     appropriated under this heading may be made available for the 
     Palestinian Authority if Palestine becomes a member or non-
     member state of the United Nations outside of an agreement 
     negotiated between Israel and the Palestinians:  Provided 
     further, That the Secretary may waive the previous proviso if 
     the Secretary certifies to the Committees on Appropriations 
     that to do so is in the national security interests of the 
     United States:  Provided further, That of the funds 
     appropriated under this heading, $179,000,000 shall be 
     apportioned directly to the United States Agency for 
     International Development for alternative development/
     institution building programs in Colombia:  Provided further, 
     That of the funds appropriated under this heading that are 
     available for assistance for Colombia, not less than 
     $8,000,000 shall be transferred to, and merged with, funds 
     appropriated under the heading ``Migration and Refugee 
     Assistance'' and shall be made available only for assistance 
     to nongovernmental and international organizations that 
     provide assistance to Colombian refugees in neighboring 
     countries:  Provided further, That of the funds appropriated 
     under this heading, $15,000,000 may be made available for 
     assistance for Cuba, including humanitarian and democracy 
     assistance, support for economic reform, private sector 
     initiatives, and human rights.

                             democracy fund

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 for the promotion of democracy 
     globally, $114,770,000, to remain available until September 
     30, 2013, of which $70,910,000 shall be made available for 
     the Human Rights and Democracy Fund of the Bureau of 
     Democracy, Human Rights and Labor, Department of State, and 
     $43,860,000 shall be made available for the Office of 
     Democracy and Governance of the Bureau for Democracy, 
     Conflict, and Humanitarian Assistance, United States Agency 
     for International Development.

            assistance for europe, eurasia and central asia

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961, the FREEDOM Support Act, and 
     the Support for East European Democracy (SEED) Act of 1989, 
     $626,718,000, to remain available until September 30, 2013, 
     which shall be available, notwithstanding any other provision 
     of law, for assistance and for related programs for countries 
     identified in section 3 of the FREEDOM Support Act and 
     section 3(c) of the SEED Act:  Provided, That funds 
     appropriated under this heading shall be considered to be 
     economic assistance under the Foreign Assistance Act of 1961 
     for purposes of making available the administrative 
     authorities contained in that Act for the use of economic 
     assistance:  Provided further, That funds made available for 
     the Southern Caucasus region may be used for confidence-
     building measures and other activities in furtherance of the 
     peaceful resolution of conflicts, including in Nagorno-
     Karabakh:  Provided further, That of the funds appropriated 
     under this heading, not less than $7,000,000 shall be made 
     available for humanitarian, conflict mitigation, human 
     rights, civil society, and relief and reconstruction 
     assistance for the North Caucasus.

                          Department of State

                    migration and refugee assistance

       For necessary expenses not otherwise provided for, to 
     enable the Secretary of State to carry out the provisions of 
     section 2(a) and (b) of the Migration and Refugee Assistance 
     Act of 1962, and other activities to meet refugee and 
     migration needs; salaries and expenses of personnel and 
     dependents as authorized by the Foreign Service Act of 1980; 
     allowances as authorized by sections 5921 through 5925 of 
     title 5, United States Code; purchase and hire of passenger 
     motor vehicles; and services as authorized by section 3109 of 
     title 5, United States Code, $1,700,000,000, to remain 
     available until expended, of which $20,000,000 shall be made 
     available for refugees resettling in Israel, and not less 
     than $35,000,000 shall be made available to respond to small-
     scale emergency humanitarian requirements of international 
     and nongovernmental partners.

                          Independent Agencies

                              peace corps

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of the 
     Peace Corps Act (22 U.S.C. 2501-2523), including the purchase 
     of not to exceed five passenger motor vehicles for 
     administrative purposes for use outside of the United States, 
     $375,000,000, of which $5,000,000 is for the Office of 
     Inspector General, to remain available until September 30, 
     2013:  Provided, That the Director of the Peace Corps may 
     transfer to the Foreign Currency Fluctuations Account, as 
     authorized by 22 U.S.C. 2515, an amount not to exceed 
     $5,000,000:  Provided further, That funds transferred 
     pursuant to the previous proviso may not be derived from 
     amounts made available for Peace Corps overseas operations:  
     Provided further, That of the funds appropriated under this 
     heading, not to exceed $4,000 may be made available for 
     entertainment expenses:  Provided further, That not later 
     than 45 days after enactment of this Act, the Director shall 
     submit a spending plan to the Committees on Appropriations on 
     the proposed uses of funds under this heading:  Provided 
     further, That none of the funds appropriated under this 
     heading may be used to pay for abortions, except when the 
     life of the mother would be endangered if the fetus were 
     carried to term, or the pregnancy is the result of an act of 
     rape or incest.

                    millennium challenge corporation

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of the 
     Millennium Challenge Act of 2003, $898,200,000 to remain 
     available until expended:  Provided, That of the funds 
     appropriated under this heading, up to $105,000,000 may be 
     available for administrative expenses of the Millennium 
     Challenge Corporation (the Corporation):  Provided further, 
     That up to 5 percent of the funds appropriated under this 
     heading may be made available to carry out the purposes of 
     section 616 of the Millennium Challenge Act of 2003 for 
     fiscal year 2012:  Provided further, That section 605(e)(4) 
     of the Millennium Challenge Act of 2003 shall apply to funds 
     appropriated under this heading:  Provided further, That 
     funds appropriated under this heading may be made available 
     for a Millennium Challenge Compact entered into pursuant to 
     section 609 of the Millennium Challenge Act of 2003 only if 
     such Compact obligates, or contains a commitment to obligate 
     subject to the availability of funds and the mutual agreement 
     of the parties to the Compact to proceed, the entire amount 
     of the United States Government funding anticipated for the 
     duration of the Compact:  Provided further, That the Chief 
     Executive Officer of the Corporation shall notify the 
     Committees on Appropriations not later than 15 days prior to 
     signing any new country compact or new threshold country 
     program; terminating or suspending any country compact or 
     threshold country program; or commencing negotiations for any 
     new compact or threshold country program:  Provided further, 
     That funds appropriated by this Act or any prior Act 
     appropriating funds for the Department of State, foreign 
     operations, and related programs that are made available for 
     a Millennium Challenge Compact and that are suspended or 
     terminated by the Chief Executive Officer of the Corporation 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations prior to re-obligation:  
     Provided further, That none of the funds appropriated by this 
     Act and prior Acts making appropriations for the Department 
     of State, foreign operations, and related programs under this 
     heading may be used for military assistance or military 
     training, including for assistance for military or 
     paramilitary purposes and for assistance to military forces:  
     Provided further, That of the funds appropriated under this 
     heading, not to exceed $100,000 may be available for 
     representation and entertainment allowances, of which not to 
     exceed $5,000 may be available for entertainment allowances.

                       inter-american foundation

       For necessary expenses to carry out the functions of the 
     Inter-American Foundation in accordance with the provisions 
     of section 401 of the Foreign Assistance Act of 1969, 
     $22,500,000, to remain available until September 30, 2013:  
     Provided, That of the funds appropriated under this heading, 
     not to exceed $2,000 may be available for entertainment and 
     representation allowances.

                     african development foundation

       For necessary expenses to carry out title V of the 
     International Security and Development Cooperation Act of 
     1980 (Public Law 96-533), $30,000,000, to remain available 
     until September 30, 2013:  Provided, That funds made 
     available to grantees may be invested pending expenditure for 
     project purposes when authorized by the Board of Directors of 
     the Foundation:  Provided further, That interest earned shall 
     be used only for the purposes for which the grant was made:  
     Provided further, That notwithstanding section 505(a)(2) of 
     the African Development Foundation Act, in exceptional 
     circumstances the Board of Directors of the Foundation may 
     waive the $250,000 limitation contained in that section with 
     respect to a project and a project may exceed the limitation 
     by up to 10 percent if the increase is due solely to foreign 
     currency fluctuation:  Provided further, That the Foundation 
     shall provide a report to the Committees on Appropriations 
     after each time such waiver authority is exercised.

[[Page 17425]]



                       Department of the Treasury

               international affairs technical assistance

       For necessary expenses to carry out the provisions of 
     section 129 of the Foreign Assistance Act of 1961, 
     $27,000,000, to remain available until September 30, 2013, 
     which shall be available notwithstanding any other provision 
     of law.

                           debt restructuring

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to part V of the 
     Foreign Assistance Act of 1961, $15,000,000, to remain 
     available until September 30, 2013.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

                     (including transfer of funds)

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $1,056,000,000, to remain 
     available until September 30, 2013:  Provided, That during 
     fiscal year 2012, the Department of State may also use the 
     authority of section 608 of the Foreign Assistance Act of 
     1961, without regard to its restrictions, to receive excess 
     property from an agency of the United States Government for 
     the purpose of providing it to a foreign country or 
     international organization under chapter 8 of part I of that 
     Act subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That the 
     Secretary of State shall provide to the Committees on 
     Appropriations not later than 45 days after the date of 
     enactment of this Act and prior to the initial obligation of 
     funds appropriated under this heading, a report on the 
     proposed uses of all funds under this heading on a country-
     by-country basis for each proposed program, project, or 
     activity:  Provided further, That section 482(b) of the 
     Foreign Assistance Act of 1961 shall not apply to funds 
     appropriated under this heading:  Provided further, That 
     assistance provided with funds appropriated under this 
     heading that is made available notwithstanding section 482(b) 
     of the Foreign Assistance Act of 1961 shall be made available 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That 
     notwithstanding any provision of this or any other Act, funds 
     appropriated in prior years under the headings ``Andean 
     Counterdrug Initiative'' and ``Andean Counterdrug Program'' 
     shall be available for use in any country for which funds may 
     be made available under this heading without regard to the 
     geographic or purpose limitations under which such funds were 
     originally appropriated, subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That, notwithstanding any other provision of law, of 
     the funds appropriated under this heading, $5,000,000 should 
     be made available to combat piracy of United States 
     copyrighted materials, consistent with the requirements of 
     section 688(a) and (b) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161):  Provided further, That 
     not later than 90 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing the operation and maintenance costs 
     of aircraft utilized in Iraq in support of programs funded 
     under this heading, a justification for not including such 
     costs under the heading ``Diplomatic and Consular Programs'', 
     and estimates for overhead costs associated with the 
     Stabilization Operations and Security Sector Reform program:  
     Provided further, That the concurrence of the Secretary of 
     State shall be required for the provision of assistance which 
     is comparable to assistance made available under this heading 
     but which is provided under any other provision of law.

    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-
     terrorism, demining and related programs and activities, 
     $685,500,000, to carry out the provisions of chapter 8 of 
     part II of the Foreign Assistance Act of 1961 for anti-
     terrorism assistance, chapter 9 of part II of the Foreign 
     Assistance Act of 1961, section 504 of the FREEDOM Support 
     Act, section 23 of the Arms Export Control Act or the Foreign 
     Assistance Act of 1961 for demining activities, the clearance 
     of unexploded ordnance, the destruction of small arms, and 
     related activities, notwithstanding any other provision of 
     law, including activities implemented through nongovernmental 
     and international organizations, and section 301 of the 
     Foreign Assistance Act of 1961 for a voluntary contribution 
     to the International Atomic Energy Agency (IAEA), and for a 
     United States contribution to the Comprehensive Nuclear Test 
     Ban Treaty Preparatory Commission:  Provided, That the 
     clearance of unexploded ordnance should prioritize areas 
     where such ordnance was caused by the United States:  
     Provided further, That of the funds made available under this 
     heading, not to exceed $30,000,000, to remain available until 
     expended, may be made available for the Nonproliferation and 
     Disarmament Fund, notwithstanding any other provision of law 
     and subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations, 
     to promote bilateral and multilateral activities relating to 
     nonproliferation, disarmament and weapons destruction:  
     Provided further, That such funds may also be used for such 
     countries other than the Independent States of the former 
     Soviet Union and international organizations when it is in 
     the national security interest of the United States to do so: 
      Provided further, That funds appropriated under this heading 
     may be made available for the IAEA unless the Secretary of 
     State determines that Israel is being denied its right to 
     participate in the activities of that Agency:  Provided 
     further, That funds appropriated under this heading may be 
     made available for public-private partnerships for 
     conventional weapons and mine action by grant, cooperative 
     agreement or contract:  Provided further, That funds made 
     available for demining and related activities, in addition to 
     funds otherwise available for such purposes, may be used for 
     administrative expenses related to the operation and 
     management of the demining program:  Provided further, That 
     funds appropriated under this heading that are available for 
     ``Anti-terrorism Assistance'' and ``Export Control and Border 
     Security'' shall remain available until September 30, 2013.

                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $262,000,000:  Provided, That funds appropriated under this 
     heading may be used, notwithstanding section 660 of such Act, 
     to provide assistance to enhance the capacity of foreign 
     civilian security forces, including gendarmes, to participate 
     in peacekeeping operations:  Provided further, That funds 
     appropriated under this heading may be used to pay assessed 
     expenses of international peacekeeping activities in Somalia 
     and shall be available until September 30, 2013:  Provided 
     further, That funds appropriated under this Act should not be 
     used to support any military training or operations that 
     include child soldiers:  Provided further, That none of the 
     funds appropriated under this heading shall be obligated or 
     expended except as provided through the regular notification 
     procedures of the Committees on Appropriations.

                  Funds Appropriated to the President

             international military education and training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance Act of 1961, 
     $105,788,000:  Provided, That the civilian personnel for whom 
     military education and training may be provided under this 
     heading may include civilians who are not members of a 
     government whose participation would contribute to improved 
     civil-military relations, civilian control of the military, 
     or respect for human rights:  Provided further, That funds 
     made available under this heading for assistance for Angola, 
     Bahrain, Bangladesh, Cameroon, Central African Republic, 
     Chad, Cote d'Ivoire, Democratic Republic of the Congo, 
     Ethiopia, Guatemala, Guinea, Haiti, Indonesia, Kenya, Libya, 
     Nepal, Nigeria, and Sri Lanka may only be provided through 
     the regular notification procedures of the Committees on 
     Appropriations and any such notification shall include a 
     detailed description of proposed activities:  Provided 
     further, That of the funds appropriated under this heading, 
     not to exceed $55,000 may be available for entertainment 
     allowances.

                   foreign military financing program

                     (including transfer of funds)

       For necessary expenses for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $5,346,000,000:  Provided, That to expedite the 
     provision of assistance to foreign countries and 
     international organizations, the Secretary of State, 
     following consultation with the Committees on Appropriations 
     and subject to the regular notification procedures of such 
     Committees, may use the funds appropriated under this heading 
     to procure defense articles and services to enhance the 
     capacity of foreign security forces:  Provided further, That 
     of the funds appropriated under this heading, not less than 
     $3,075,000,000 shall be available for grants only for Israel, 
     and up to $1,300,000,000 shall be made available for grants 
     only for Egypt, including for border security programs and 
     activities in the Sinai:  Provided further, That prior to the 
     obligation of funds appropriated under this heading for 
     assistance for Egypt, the Secretary of State shall certify to 
     the Committees on Appropriations that the Governments of the 
     United States and Egypt have agreed upon the specific uses of 
     such funds, that such funds further the national interests of 
     the United States in Egypt and the region, and that the 
     Government of Egypt has held free and fair elections and is 
     implementing policies to protect the rights of journalists, 
     due process, and freedoms of expression and association:  
     Provided further,

[[Page 17426]]

     That the funds appropriated under this heading for assistance 
     for Israel shall be disbursed within 30 days of enactment of 
     this Act:  Provided further, That to the extent that the 
     Government of Israel requests that funds be used for such 
     purposes, grants made available for Israel under this heading 
     shall, as agreed by the United States and Israel, be 
     available for advanced weapons systems, of which not less 
     than $808,725,000 shall be available for the procurement in 
     Israel of defense articles and defense services, including 
     research and development:  Provided further, That funds 
     appropriated under this heading estimated to be outlayed for 
     Egypt during fiscal year 2012 may be transferred to an 
     interest bearing account for Egypt in the Federal Reserve 
     Bank of New York within 30 days of enactment of this Act:  
     Provided further, That of the funds appropriated under this 
     heading, $300,000,000 shall be made available for assistance 
     for Jordan:  Provided further, That none of the funds made 
     available under this heading shall be made available to 
     support or continue any program initially funded under the 
     authority of section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3456) unless the Secretary of State, in 
     consultation with the Secretary of Defense, has justified 
     such program to the Committees on Appropriations:  Provided 
     further, That funds appropriated or otherwise made available 
     under this heading shall be nonrepayable notwithstanding any 
     requirement in section 23 of the Arms Export Control Act:  
     Provided further, That funds made available under this 
     heading shall be obligated upon apportionment in accordance 
     with paragraph (5)(C) of title 31, United States Code, 
     section 1501(a).
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurement has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurement may be financed with such funds:  
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 7015 of this Act:  
     Provided further, That funds made available under this 
     heading may be used, notwithstanding any other provision of 
     law, for demining, the clearance of unexploded ordnance, and 
     related activities, and may include activities implemented 
     through nongovernmental and international organizations:  
     Provided further, That none of the funds appropriated under 
     this heading may be made available for assistance for Nepal, 
     Sri Lanka, Pakistan, Bangladesh, Bahrain, Philippines, 
     Indonesia, Haiti, Guatemala, Honduras, Ethiopia, Cambodia, 
     Kenya, Chad, and the Democratic Republic of the Congo except 
     pursuant to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That only 
     those countries for which assistance was justified for the 
     ``Foreign Military Sales Financing Program'' in the fiscal 
     year 1989 congressional presentation for security assistance 
     programs may utilize funds made available under this heading 
     for procurement of defense articles, defense services or 
     design and construction services that are not sold by the 
     United States Government under the Arms Export Control Act:  
     Provided further, That funds appropriated under this heading 
     shall be expended at the minimum rate necessary to make 
     timely payment for defense articles and services:  Provided 
     further, That not more than $62,800,000 of the funds 
     appropriated under this heading may be obligated for 
     necessary expenses, including the purchase of passenger motor 
     vehicles for replacement only for use outside of the United 
     States, for the general costs of administering military 
     assistance and sales, except that this limitation may be 
     exceeded only through the regular notification procedures of 
     the Committees on Appropriations:  Provided further, That of 
     the funds appropriated under this heading for general costs 
     of administering military assistance and sales, not to exceed 
     $4,000 may be available for entertainment expenses and not to 
     exceed $130,000 may be available for representation 
     allowances:  Provided further, That not more than 
     $836,900,000 of funds realized pursuant to section 
     21(e)(1)(A) of the Arms Export Control Act may be obligated 
     for expenses incurred by the Department of Defense during 
     fiscal year 2012 pursuant to section 43(b) of the Arms Export 
     Control Act, except that this limitation may be exceeded only 
     through the regular notification procedures of the Committees 
     on Appropriations:  Provided further, That, with respect to 
     the previous proviso, up to $100,000,000 of such funds may be 
     transferred to the Special Defense Acquisition Fund pursuant 
     to section 51 of the Arms Export Control Act.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                international organizations and programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $352,950,000:  Provided, That 
     section 307(a) of the Foreign Assistance Act of 1961 shall 
     not apply to contributions to the United Nations Democracy 
     Fund.

                  international financial institutions

                      global environment facility

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Global Environment 
     Facility by the Secretary of the Treasury, $120,000,000, to 
     remain available until expended.

     contribution to the international bank for reconstruction and 
                              development

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

              limitation on callable capital subscriptions

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

       contribution to the international development association

       For payment to the International Development Association by 
     the Secretary of the Treasury, $1,355,000,000, to remain 
     available until expended.
       For payment to the International Development Association by 
     the Secretary of the Treasury for costs incurred under the 
     Multilateral Debt Relief Initiative, $167,000,000, to remain 
     available until expended.

               contribution to the clean technology fund

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Clean Technology Fund by 
     the Secretary of the Treasury, $350,000,000, to remain 
     available until expended.

               contribution to the strategic climate fund

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Strategic Climate Fund by 
     the Secretary of the Treasury, $100,000,000, to remain 
     available until expended.

              global agriculture and food security program

       For payment to the Global Agriculture and Food Security 
     Program by the Secretary of the Treasury, $200,000,000, to 
     remain available until expended.

          contribution to the inter-american development bank

       For payment to the Inter-American Development Bank by the 
     Secretary of the Treasury for the United States share of the 
     paid-in portion of the increase in capital stock, 
     $25,000,000, to remain available until expended.
       For payment to the Inter-American Investment Corporation by 
     the Secretary of the Treasury, $4,670,000, to remain 
     available until expended.

              limitation on callable capital subscriptions

       The United States Governor of the Inter-American 
     Development Bank may subscribe without fiscal year limitation 
     to the callable capital portion of the United States share of 
     such capital stock in an amount not to exceed $4,098,794,833.

contribution to the enterprise for the americas multilateral investment 
                                  fund

       For payment to the Enterprise for the Americas Multilateral 
     Investment Fund by the Secretary of the Treasury, 
     $25,000,000, to remain available until expended.

               contribution to the asian development bank

       For payment to the Asian Development Bank by the Secretary 
     of the Treasury for the United States share of the paid-in 
     portion of increase in capital stock, $106,586,000, to remain 
     available until expended.

              limitation on callable capital subscriptions

       The United States Governor of the Asian Development Bank 
     may subscribe without fiscal year limitation to the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $2,558,048,769.

               contribution to the asian development fund

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

              contribution to the african development bank

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

              limitation on callable capital subscriptions

       The United States Governor of the African Development Bank 
     may subscribe without

[[Page 17427]]

     fiscal year limitation to the callable capital portion of the 
     United States share of such capital stock in an amount not to 
     exceed $507,860,808.

              contribution to the african development fund

       For payment to the African Development Fund by the 
     Secretary of the Treasury, $125,000,000, to remain available 
     until expended.
       For payment to the African Development Fund by the 
     Secretary of the Treasury for costs incurred under the 
     Multilateral Debt Relief Initiative, $7,500,000, to remain 
     available until expended.

            european bank for reconstruction and development

              limitation on callable capital subscriptions

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

  contribution to the international fund for agricultural development

       For payment to the International Fund for Agricultural 
     Development by the Secretary of the Treasury, $30,000,000, to 
     remain available until expended.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

                           inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $4,000,000, to remain available until 
     September 30, 2013.

                            program account

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation:  Provided, That 
     none of the funds available during the current fiscal year 
     may be used to make expenditures, contracts, or commitments 
     for the export of nuclear equipment, fuel, or technology to 
     any country, other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act, that has detonated a nuclear explosive after 
     the date of the enactment of this Act:  Provided further, 
     That the use of the aggregate loan, guarantee, and insurance 
     authority available to the Export-Import Bank during the 
     current fiscal year should not result in greenhouse gas 
     emissions from the extraction or production of fossil fuels 
     and the use of fossil fuels in electricity generation 
     exceeding the total amount of such emissions resulting from 
     the use of such authority during fiscal year 2010, unless not 
     less than 15 days prior to the use of such authority the 
     Export-Import Bank provides written notification to the 
     Committees on Appropriations that the use of such authority 
     would result in greenhouse gas emissions exceeding such 
     amount and indicating the amount of the increase, and posts 
     such notification on the Bank's Web site:  Provided further, 
     That not less than 10 percent of such aggregate should be 
     used for renewable energy technology and end-use energy 
     efficiency technologies:  Provided further, That 
     notwithstanding section 1(c) of Public Law 103-428, as 
     amended, sections 1(a) and (b) of Public Law 103-428 shall 
     remain in effect through October 1, 2012:  Provided further, 
     That notwithstanding the dates specified in section 7 of the 
     Export-Import Bank Act of 1945 (12 U.S.C. 6350 and section 
     1(c) of Public Law 103-428), the Export-Import Bank of the 
     United States shall continue to exercise its functions in 
     connection with and in furtherance of its objects and 
     purposes through September 30, 2012.

                         subsidy appropriation

       For the cost of direct loans, loan guarantees, insurance, 
     and tied-aid grants as authorized by section 10 of the 
     Export-Import Bank Act of 1945, as amended, not to exceed 
     $58,000,000:  Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974:  Provided further, 
     That such funds shall remain available until September 30, 
     2027, for the disbursement of direct loans, loan guarantees, 
     insurance and tied-aid grants obligated in fiscal years 2012, 
     2013, 2014, and 2015:  Provided further, That none of the 
     funds appropriated by this Act or any prior Acts 
     appropriating funds for the Department of State, foreign 
     operations, and related programs for tied-aid credits or 
     grants may be used for any other purpose except through the 
     regular notification procedures of the Committees on 
     Appropriations.

                        administrative expenses

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs, including hire of 
     passenger motor vehicles and services as authorized by 5 
     U.S.C. 3109, and not to exceed $30,000 for official reception 
     and representation expenses for members of the Board of 
     Directors, not to exceed $89,900,000:  Provided, That the 
     Export- Import Bank may accept, and use, payment or services 
     provided by transaction participants for legal, financial, or 
     technical services in connection with any transaction for 
     which an application for a loan, guarantee or insurance 
     commitment has been made:  Provided further, That 
     notwithstanding subsection (b) of section 117 of the Export 
     Enhancement Act of 1992, subsection (a) thereof shall remain 
     in effect until October 1, 2012:  Provided further, That the 
     Export-Import Bank shall charge fees for necessary expenses 
     (including special services performed on a contract or fee 
     basis, but not including other personal services) in 
     connection with the collection of moneys owed the Export-
     Import Bank, repossession or sale of pledged collateral or 
     other assets acquired by the Export-Import Bank in 
     satisfaction of moneys owed the Export-Import Bank, or the 
     investigation or appraisal of any property, or the evaluation 
     of the legal, financial, or technical aspects of any 
     transaction for which an application for a loan, guarantee or 
     insurance commitment has been made:  Provided further, That, 
     in addition to other funds appropriated for administrative 
     expenses, such fees shall be credited to this account, to 
     remain available until expended.

                           receipts collected

       Receipts collected pursuant to the Export-Import Bank Act 
     of 1945, as amended, and the Federal Credit Reform Act of 
     1990, as amended, in an amount not to exceed the amount 
     appropriated herein, shall be credited as offsetting 
     collections to this account:  Provided, That the sums herein 
     appropriated from the General Fund shall be reduced on a 
     dollar-for-dollar basis by such offsetting collections so as 
     to result in a final fiscal year appropriation from the 
     General Fund estimated at $0:  Provided further, That amounts 
     collected in fiscal year 2012 in excess of obligations, up to 
     $50,000,000, shall become available on September 1, 2012 and 
     shall remain available until September 30, 2015.

                Overseas Private Investment Corporation

                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the limits of funds available to it and in accordance 
     with law as may be necessary:  Provided, That the amount 
     available for administrative expenses to carry out the credit 
     and insurance programs (including an amount for official 
     reception and representation expenses which shall not exceed 
     $35,000) shall not exceed $54,990,000:  Provided further, 
     That project-specific transaction costs, including direct and 
     indirect costs incurred in claims settlements, and other 
     direct costs associated with services provided to specific 
     investors or potential investors pursuant to section 234 of 
     the Foreign Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.

                            program account

       For the cost of direct and guaranteed loans, $29,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961, to be derived by transfer from the Overseas Private 
     Investment Corporation Noncredit Account:  Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974:  Provided further, That such sums shall be available 
     for direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 2012, 2013, and 2014:  
     Provided further, That funds so obligated in fiscal year 2012 
     remain available for disbursement through 2020; funds 
     obligated in fiscal year 2013 remain available for 
     disbursement through 2021; and funds obligated in fiscal year 
     2014 remain available for disbursement through 2022:  
     Provided further, That notwithstanding any other provision of 
     law, the Overseas Private Investment Corporation is 
     authorized to undertake any program authorized by title IV of 
     chapter 2 of part I of the Foreign Assistance Act of 1961 in 
     Iraq:  Provided further, That funds made available pursuant 
     to the authority of the previous proviso shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.
       In addition, such sums as may be necessary for 
     administrative expenses to carry out the credit program may 
     be derived from amounts available for administrative expenses 
     to carry out the credit and insurance programs in the 
     Overseas Private Investment Corporation Noncredit Account and 
     merged with said account.

                      trade and development agency

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $50,000,000, to remain available until September 30, 2013:  
     Provided, That of the funds appropriated under this heading, 
     not more than $4,000 may be available for representation and 
     entertainment allowances.

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

       Sec. 7001.  Funds appropriated under title I of this Act 
     shall be available, except as otherwise provided, for 
     allowances and differentials as authorized by subchapter 59 
     of title

[[Page 17428]]

     5, United States Code; for services as authorized by 5 U.S.C. 
     3109; and for hire of passenger transportation pursuant to 31 
     U.S.C. 1343(b).

                      unobligated balances report

       Sec. 7002.  Any department or agency of the United States 
     Government to which funds are appropriated or otherwise made 
     available by this Act shall provide to the Committees on 
     Appropriations a quarterly accounting of cumulative 
     unobligated balances and obligated, but unexpended, balances 
     by program, project, and activity, and Treasury Account Fund 
     Symbol of all expired and unexpired funds received by such 
     department or agency in fiscal year 2012 or any previous 
     fiscal year:  Provided, That for the purposes of this 
     section, obligated balances shall not include obligations 
     made through bilateral agreements unless further sub-
     obligated.

                          consulting services

       Sec. 7003.  The expenditure of any appropriation under 
     title I of this Act for any consulting service through 
     procurement contract, pursuant to 5 U.S.C. 3109, shall be 
     limited to those contracts where such expenditures are a 
     matter of public record and available for public inspection, 
     except where otherwise provided under existing law, or under 
     existing Executive order issued pursuant to existing law.

                          embassy construction

       Sec. 7004. (a) Of funds provided under title I of this Act, 
     except as provided in subsection (b), a project to construct 
     a diplomatic facility of the United States may not include 
     office space or other accommodations for an employee of a 
     Federal agency or department if the Secretary of State 
     determines that such department or agency has not provided to 
     the Department of State the full amount of funding required 
     by subsection (e) of section 604 of the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (as enacted 
     into law by section 1000(a)(7) of Public Law 106-113 and 
     contained in appendix G of that Act; 113 Stat. 1501A-453), as 
     amended by section 629 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2005.
       (b) Notwithstanding the prohibition in subsection (a), a 
     project to construct a diplomatic facility of the United 
     States may include office space or other accommodations for 
     members of the United States Marine Corps.
       (c) For the purposes of calculating the fiscal year 2012 
     costs of providing new United States diplomatic facilities in 
     accordance with section 604(e) of the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 
     note), the Secretary of State, in consultation with the 
     Director of the Office of Management and Budget, shall 
     determine the annual program level and agency shares in a 
     manner that is proportional to the Department of State's 
     contribution for this purpose.
       (d) Funds appropriated by this Act, and any prior Act 
     making appropriations for the Department of State, foreign 
     operations, and related programs, which may be made available 
     for the acquisition of property for diplomatic facilities in 
     Afghanistan, Pakistan, and Iraq, shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations.
       (e) Section 604(e)(1) of the Secure Embassy Construction 
     and Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is 
     amended by striking ``providing new,'' and inserting in its 
     place ``providing, maintaining, repairing, and renovating''.

                           personnel actions

       Sec. 7005.  Any costs incurred by a department or agency 
     funded under title I of this Act resulting from personnel 
     actions taken in response to funding reductions included in 
     this Act shall be absorbed within the total budgetary 
     resources available under title I to such department or 
     agency:  Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act:  Provided further, That use 
     of funds to carry out this section shall be treated as a 
     reprogramming of funds under section 7015 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                         local guard contracts

       Sec. 7006.  In evaluating proposals for local guard 
     contracts, the Secretary of State shall award contracts in 
     accordance with section 136 of the Foreign Relations 
     Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
     4864), except that the Secretary may grant authorization to 
     award such contracts on the basis of best value as determined 
     by a cost-technical tradeoff analysis (as described in 
     Federal Acquisition Regulation part 15.101) in Iraq, 
     Afghanistan, and Pakistan, notwithstanding subsection (c)(3) 
     of such section:  Provided, That the authority in this 
     section shall apply to any options for renewal that may be 
     exercised under such contracts that are awarded during the 
     current fiscal year:  Provided further, That prior to issuing 
     a solicitation for a contract to be awarded pursuant to the 
     authority under this section, the Secretary of State shall 
     consult with the Committees on Appropriations.

        prohibition against direct funding for certain countries

       Sec. 7007.  None of the funds appropriated or otherwise 
     made available pursuant to titles III through VI of this Act 
     shall be obligated or expended to finance directly any 
     assistance or reparations for the governments of Cuba, North 
     Korea, Iran, or Syria:  Provided, That for purposes of this 
     section, the prohibition on obligations or expenditures shall 
     include direct loans, credits, insurance and guarantees of 
     the Export-Import Bank or its agents.

                              coups d'etat

       Sec. 7008.  None of the funds appropriated or otherwise 
     made available pursuant to titles III through VI of this Act 
     shall be obligated or expended to finance directly any 
     assistance to the government of any country whose duly 
     elected head of government is deposed by military coup d'etat 
     or decree, or a coup d'etat or decree that is supported by 
     the military:  Provided, That assistance may be resumed to 
     such government if the President determines and certifies to 
     the Committees on Appropriations that subsequent to the 
     termination of assistance a democratically elected government 
     has taken office:  Provided further, That the provisions of 
     this section shall not apply to assistance to promote 
     democratic elections or public participation in democratic 
     processes:  Provided further, That funds made available 
     pursuant to the previous provisos shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.

                           transfer authority

       Sec. 7009. (a) Department of State and Broadcasting Board 
     of Governors.--
       (1) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State under title I of this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers.
       (2) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Broadcasting 
     Board of Governors under title I of this Act may be 
     transferred between such appropriations, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than 10 percent by any such 
     transfers.
       (3) Any transfer pursuant to this section shall be treated 
     as a reprogramming of funds under section 7015(a) and (b) of 
     this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       (b) Export Financing Transfer Authorities.--Not to exceed 5 
     percent of any appropriation other than for administrative 
     expenses made available for fiscal year 2012, for programs 
     under title VI of this Act may be transferred between such 
     appropriations for use for any of the purposes, programs, and 
     activities for which the funds in such receiving account may 
     be used, but no such appropriation, except as otherwise 
     specifically provided, shall be increased by more than 25 
     percent by any such transfer:  Provided, That the exercise of 
     such authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c) Limitation on Transfers Between Agencies.--
       (1) None of the funds made available under titles II 
     through V of this Act may be transferred to any department, 
     agency, or instrumentality of the United States Government, 
     except pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       (2) Notwithstanding paragraph (1), in addition to transfers 
     made by, or authorized elsewhere in, this Act, funds 
     appropriated by this Act to carry out the purposes of the 
     Foreign Assistance Act of 1961 may be allocated or 
     transferred to agencies of the United States Government 
     pursuant to the provisions of sections 109, 610, and 632 of 
     the Foreign Assistance Act of 1961.
       (3) Any agreement entered into by the United States Agency 
     for International Development (USAID) or the Department of 
     State with any department, agency, or instrumentality of the 
     United States Government pursuant to section 632(b) of the 
     Foreign Assistance Act of 1961 valued in excess of $1,000,000 
     and any agreement made pursuant to section 632(a) of such 
     Act, with funds appropriated by this Act and prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs under the headings ``Global 
     Health Programs'', ``Development Assistance'', and ``Economic 
     Support Fund'' shall be subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided, 
     That the requirement in the previous sentence shall not apply 
     to agreements entered into between USAID and the Department 
     of State.
       (d) Transfers Between Accounts.--None of the funds made 
     available under titles II through V of this Act may be 
     obligated under an appropriation account to which they were 
     not appropriated, except for transfers specifically provided 
     for in this Act, unless the President, not less than 5 days 
     prior to the exercise of any authority contained in the 
     Foreign Assistance Act of 1961 to transfer funds, consults 
     with and provides a written policy justification to the 
     Committees on Appropriations.

[[Page 17429]]

       (e) Audit of Inter-agency Transfers.--Any agreement for the 
     transfer or allocation of funds appropriated by this Act, or 
     prior Acts, entered into between the Department of State or 
     USAID and another agency of the United States Government 
     under the authority of section 632(a) of the Foreign 
     Assistance Act of 1961 or any comparable provision of law, 
     shall expressly provide that the Inspector General (IG) for 
     the agency receiving the transfer or allocation of such 
     funds, or other entity with audit responsibility if the 
     receiving agency does not have an IG, shall perform periodic 
     program and financial audits of the use of such funds:  
     Provided, That funds transferred under such authority may be 
     made available for the cost of such audits.

                         reporting requirement

       Sec. 7010.  The Secretary of State shall provide the 
     Committees on Appropriations, not later than April 1, 2012, 
     and for each fiscal quarter, a report in writing on the uses 
     of funds made available under the headings ``Foreign Military 
     Financing Program'', ``International Military Education and 
     Training'', ``Peacekeeping Operations'', and ``Pakistan 
     Counter-Insurgency Fund'':  Provided, That such report shall 
     include a description of the obligation and expenditure of 
     funds, and the specific country in receipt of, and the use or 
     purpose of the assistance provided by such funds.

                         availability of funds

       Sec. 7011.  No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act:  Provided, That funds appropriated for 
     the purposes of chapters 1, 8, 11, and 12 of part I, section 
     661, section 667, chapters 4, 5, 6, 8, and 9 of part II of 
     the Foreign Assistance Act of 1961, section 23 of the Arms 
     Export Control Act, and funds provided under the headings 
     ``Assistance for Europe, Eurasia and Central Asia'' and 
     ``Development Credit Authority'', shall remain available for 
     an additional 4 years from the date on which the availability 
     of such funds would otherwise have expired, if such funds are 
     initially obligated before the expiration of their respective 
     periods of availability contained in this Act:  Provided 
     further, That notwithstanding any other provision of this 
     Act, any funds made available for the purposes of chapter 1 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961 which are allocated or obligated for cash 
     disbursements in order to address balance of payments or 
     economic policy reform objectives, shall remain available for 
     an additional 4 years from the date on which the availability 
     of such funds would otherwise have expired, if such funds are 
     initially allocated or obligated before the expiration of 
     their respective periods of availability contained in this 
     Act.

            limitation on assistance to countries in default

       Sec. 7012.  No part of any appropriation provided under 
     titles III through VI in this Act shall be used to furnish 
     assistance to the government of any country which is in 
     default during a period in excess of one calendar year in 
     payment to the United States of principal or interest on any 
     loan made to the government of such country by the United 
     States pursuant to a program for which funds are appropriated 
     under this Act unless the President determines, following 
     consultations with the Committees on Appropriations, that 
     assistance for such country is in the national interest of 
     the United States.

          prohibition on taxation of united states assistance

       Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     made available to provide assistance for a foreign country 
     under a new bilateral agreement governing the terms and 
     conditions under which such assistance is to be provided 
     unless such agreement includes a provision stating that 
     assistance provided by the United States shall be exempt from 
     taxation, or reimbursed, by the foreign government, and the 
     Secretary of State shall expeditiously seek to negotiate 
     amendments to existing bilateral agreements, as necessary, to 
     conform with this requirement.
       (b) Reimbursement of Foreign Taxes.--An amount equivalent 
     to 200 percent of the total taxes assessed during fiscal year 
     2011 on funds appropriated by this Act by a foreign 
     government or entity against commodities financed under 
     United States assistance programs for which funds are 
     appropriated by this Act, either directly or through 
     grantees, contractors and subcontractors shall be withheld 
     from obligation from funds appropriated for assistance for 
     fiscal year 2012 and allocated for the central government of 
     such country and for the West Bank and Gaza program to the 
     extent that the Secretary of State certifies and reports in 
     writing to the Committees on Appropriations that such taxes 
     have not been reimbursed to the Government of the United 
     States.
       (c) De Minimis Exception.--Foreign taxes of a de minimis 
     nature shall not be subject to the provisions of subsection 
     (b).
       (d) Reprogramming of Funds.--Funds withheld from obligation 
     for each country or entity pursuant to subsection (b) shall 
     be reprogrammed for assistance to countries which do not 
     assess taxes on United States assistance or which have an 
     effective arrangement that is providing substantial 
     reimbursement of such taxes.
       (e) Determinations.--
       (1) The provisions of this section shall not apply to any 
     country or entity the Secretary of State determines--
       (A) does not assess taxes on United States assistance or 
     which has an effective arrangement that is providing 
     substantial reimbursement of such taxes; or
       (B) the foreign policy interests of the United States 
     outweigh the purpose of this section to ensure that United 
     States assistance is not subject to taxation.
       (2) The Secretary of State shall consult with the 
     Committees on Appropriations at least 15 days prior to 
     exercising the authority of this subsection with regard to 
     any country or entity.
       (f) Implementation.--The Secretary of State shall issue 
     rules, regulations, or policy guidance, as appropriate, to 
     implement the prohibition against the taxation of assistance 
     contained in this section.
       (g) Definitions.--As used in this section--
       (1) the terms ``taxes'' and ``taxation'' refer to value 
     added taxes and customs duties imposed on commodities 
     financed with United States assistance for programs for which 
     funds are appropriated by this Act; and
       (2) the term ``bilateral agreement'' refers to a framework 
     bilateral agreement between the Government of the United 
     States and the government of the country receiving assistance 
     that describes the privileges and immunities applicable to 
     United States foreign assistance for such country generally, 
     or an individual agreement between the Government of the 
     United States and such government that describes, among other 
     things, the treatment for tax purposes that will be accorded 
     the United States assistance provided under that agreement.

                         reservations of funds

       Sec. 7014. (a) Funds appropriated under titles II through 
     VI of this Act which are specifically designated may be 
     reprogrammed for other programs within the same account 
     notwithstanding the designation if compliance with the 
     designation is made impossible by operation of any provision 
     of this or any other Act:  Provided, That any such 
     reprogramming shall be subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That assistance that is reprogrammed pursuant to 
     this subsection shall be made available under the same terms 
     and conditions as originally provided.
       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the United 
     States Agency for International Development (USAID) that are 
     specifically designated for particular programs or activities 
     by this or any other Act shall be extended for an additional 
     fiscal year if the USAID Administrator determines and reports 
     promptly to the Committees on Appropriations that the 
     termination of assistance to a country or a significant 
     change in circumstances makes it unlikely that such 
     designated funds can be obligated during the original period 
     of availability:  Provided, That such designated funds that 
     continue to be available for an additional fiscal year shall 
     be obligated only for the purpose of such designation.
       (c) Ceilings and specifically designated funding levels 
     contained in this Act shall not be applicable to funds or 
     authorities appropriated or otherwise made available by any 
     subsequent Act unless such Act specifically so directs:  
     Provided, That specifically designated funding levels or 
     minimum funding requirements contained in any other Act shall 
     not be applicable to funds appropriated by this Act.

                reprogramming notification requirements

       Sec. 7015. (a) None of the funds made available in title I 
     of this Act, or in prior appropriations Acts to the agencies 
     and departments funded by this Act that remain available for 
     obligation or expenditure in fiscal year 2012, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees or of currency reflows or 
     other offsetting collections, or made available by transfer, 
     to the agencies and departments funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that:
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) closes or opens a mission or post;
       (6) creates, reorganizes, or renames bureaus, centers, or 
     offices;
       (7) reorganizes programs or activities; or
       (8) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; unless the 
     Committees on Appropriations are notified 15 days in advance 
     of such reprogramming of funds.
       (b) None of the funds provided under title I of this Act, 
     or provided under previous appropriations Acts to the agency 
     or department funded under title I of this Act that remain 
     available for obligation or expenditure

[[Page 17430]]

     in fiscal year 2012, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agency or department funded under title 
     I of this Act, shall be available for obligation or 
     expenditure for activities, programs, or projects through a 
     reprogramming of funds in excess of $1,000,000 or 10 percent, 
     whichever is less, that:
       (1) augments existing programs, projects, or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, activities, or projects as approved by 
     Congress; unless the Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds.
       (c) None of the funds made available under titles II 
     through VI and VIII in this Act under the headings ``Global 
     Health Programs'', ``Development Assistance'', 
     ``International Organizations and Programs'', ``Trade and 
     Development Agency'', ``International Narcotics Control and 
     Law Enforcement'', ``Assistance for Europe, Eurasia and 
     Central Asia'', ``Economic Support Fund'', ``Democracy 
     Fund'', ``Peacekeeping Operations'', ``Capital Investment 
     Fund'', ``Operating Expenses'', ``Conflict Stabilization 
     Operations'', ``Office of Inspector General'', 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'', ``Millennium Challenge Corporation'', ``Global 
     Security Contingency Fund'', ``Foreign Military Financing 
     Program'', ``International Military Education and Training'', 
     ``Pakistan Counter-Insurgency Capability Fund'', and ``Peace 
     Corps'', shall be available for obligation for activities, 
     programs, projects, type of materiel assistance, countries, 
     or other operations not justified or in excess of the amount 
     justified to the Committees on Appropriations for obligation 
     under any of these specific headings unless the Committees on 
     Appropriations are notified 15 days in advance:  Provided, 
     That the President shall not enter into any commitment of 
     funds appropriated for the purposes of section 23 of the Arms 
     Export Control Act for the provision of major defense 
     equipment, other than conventional ammunition, or other major 
     defense items defined to be aircraft, ships, missiles, or 
     combat vehicles, not previously justified to Congress or 20 
     percent in excess of the quantities justified to Congress 
     unless the Committees on Appropriations are notified 15 days 
     in advance of such commitment:  Provided further, That 
     requirements of this subsection or any similar provision of 
     this or any other Act shall not apply to any reprogramming 
     for an activity, program, or project for which funds are 
     appropriated under titles II through IV of this Act of less 
     than 10 percent of the amount previously justified to the 
     Congress for obligation for such activity, program, or 
     project for the current fiscal year.
       (d) Notwithstanding any other provision of law, with the 
     exception of funds transferred to, and merged with, funds 
     appropriated under title I of this Act, funds transferred by 
     the Department of Defense to the Department of State and the 
     United States Agency for International Development for 
     assistance for foreign countries and international 
     organizations, and funds made available for programs 
     authorized by section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163), 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (e) The requirements of this section or any similar 
     provision of this Act or any other Act, including any prior 
     Act requiring notification in accordance with the regular 
     notification procedures of the Committees on Appropriations, 
     may be waived if failure to do so would pose a substantial 
     risk to human health or welfare:  Provided, That in case of 
     any such waiver, notification to the Committees on 
     Appropriations shall be provided as early as practicable, but 
     in no event later than 3 days after taking the action to 
     which such notification requirement was applicable, in the 
     context of the circumstances necessitating such waiver:  
     Provided further, That any notification provided pursuant to 
     such a waiver shall contain an explanation of the emergency 
     circumstances.
       (f) None of the funds appropriated under titles III through 
     VI and VIII of this Act shall be obligated or expended for 
     assistance for Serbia, Sudan, South Sudan, Zimbabwe, 
     Afghanistan, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, 
     Nepal, Colombia, Burma, Yemen, Mexico, Kazakhstan, 
     Uzbekistan, Somalia, Sri Lanka, or Cambodia except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.

                notification on excess defense equipment

       Sec. 7016.  Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as other committees pursuant to 
     subsection (f) of that section:  Provided, That before 
     issuing a letter of offer to sell excess defense articles 
     under the Arms Export Control Act, the Department of Defense 
     shall notify the Committees on Appropriations in accordance 
     with the regular notification procedures of such Committees 
     if such defense articles are significant military equipment 
     (as defined in section 47(9) of the Arms Export Control Act) 
     or are valued (in terms of original acquisition cost) at 
     $7,000,000 or more, or if notification is required elsewhere 
     in this Act for the use of appropriated funds for specific 
     countries that would receive such excess defense articles:  
     Provided further, That such Committees shall also be informed 
     of the original acquisition cost of such defense articles.

limitation on availability of funds for international organizations and 
                                programs

       Sec. 7017.  Subject to the regular notification procedures 
     of the Committees on Appropriations, funds appropriated under 
     titles III through VI of this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, which are returned or not 
     made available for organizations and programs because of the 
     implementation of section 307(a) of the Foreign Assistance 
     Act of 1961, shall remain available for obligation until 
     September 30, 2013.

   prohibition on funding for abortions and involuntary sterilization

       Sec. 7018.  None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be obligated or expended for any country or organization if 
     the President certifies that the use of such funds by any 
     such country or organization would violate any provisions 
     related to abortions and involuntary sterilizations in 
     section 104(f)(1), (2), and (3) of such Act.

                              allocations

       Sec. 7019. (a) Funds provided in this Act shall be made 
     available for programs and countries in the amounts contained 
     in the respective tables included in the report accompanying 
     this Act.
       (b) For the purposes of implementing this section and only 
     with respect to the tables included in the report 
     accompanying this Act, the Secretary of State, the 
     Administrator of the United States Agency for International 
     Development and the Broadcasting Board of Governors, as 
     appropriate, may propose deviations to the amounts referenced 
     in subsection (a), subject to the regular notification 
     procedures of the Committees on Appropriations.

               prohibition of payment of certain expenses

       Sec. 7020.  None of the funds appropriated or otherwise 
     made available by this Act under the headings ``International 
     Military Education and Training'' or ``Foreign Military 
     Financing Program'' for Informational Program activities or 
     under the headings ``Global Health Programs'', ``Development 
     Assistance'', and ``Economic Support Fund'' may be obligated 
     or expended to pay for--
       (1) alcoholic beverages; or
       (2) entertainment expenses for activities that are 
     substantially of a recreational character, including but not 
     limited to entrance fees at sporting events, theatrical and 
     musical productions, and amusement parks.

   prohibition on assistance to governments supporting international 
                               terrorism

       Sec. 7021. (a) Lethal Military Equipment Exports.--
       (1) None of the funds appropriated or otherwise made 
     available by titles III through VI of this Act may be 
     available to any foreign government which provides lethal 
     military equipment to a country the government of which the 
     Secretary of State has determined supports international 
     terrorism for purposes of section 6(j) of the Export 
     Administration Act of 1979:  Provided, That the prohibition 
     under this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment:  Provided further, That this section 
     applies with respect to lethal military equipment provided 
     under a contract entered into after October 1, 1997.
       (2) Assistance restricted by paragraph (1) or any other 
     similar provision of law, may be furnished if the President 
     determines that to do so is important to the national 
     interests of the United States.
       (3) Whenever the President makes a determination pursuant 
     to paragraph (2), the President shall submit to the 
     Committees on Appropriations a report with respect to the 
     furnishing of such assistance, including a detailed 
     explanation of the assistance to be provided, the estimated 
     dollar amount of such assistance, and an explanation of how 
     the assistance furthers United States national interests.
       (b) Bilateral Assistance.--
       (1) Funds appropriated for bilateral assistance in titles 
     III through VI of this Act and funds appropriated under any 
     such title in prior acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs, shall not be made available to any foreign 
     government which the President determines--
       (A) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism; 
     or
       (B) otherwise supports international terrorism.

[[Page 17431]]

       (2) The President may waive the application of paragraph 
     (1) to a government if the President determines that national 
     security or humanitarian reasons justify such waiver:  
     Provided, That the President shall publish each such waiver 
     in the Federal Register and, at least 15 days before the 
     waiver takes effect, shall notify the Committees on 
     Appropriations of the waiver (including the justification for 
     the waiver) in accordance with the regular notification 
     procedures of the Committees on Appropriations.

                       authorization requirements

       Sec. 7022.  Funds appropriated by this Act, except funds 
     appropriated under the heading ``Trade and Development 
     Agency'', may be obligated and expended notwithstanding 
     section 10 of Public Law 91-672, section 15 of the State 
     Department Basic Authorities Act of 1956, section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (Public Law 103-236), and section 504(a)(1) of the 
     National Security Act of 1947 (50 U.S.C. 414(a)(1)).

              definition of program, project, and activity

       Sec. 7023.  For the purpose of titles II through VI of this 
     Act ``program, project, and activity'' shall be defined at 
     the appropriations Act account level and shall include all 
     appropriations and authorizations Acts funding directives, 
     ceilings, and limitations with the exception that for the 
     following accounts: ``Economic Support Fund'' and ``Foreign 
     Military Financing Program'', ``program, project, and 
     activity'' shall also be considered to include country, 
     regional, and central program level funding within each such 
     account; for the development assistance accounts of the 
     United States Agency for International Development ``program, 
     project, and activity'' shall also be considered to include 
     central, country, regional, and program level funding, either 
     as:
       (1) justified to the Congress; or
       (2) allocated by the executive branch in accordance with a 
     report, to be provided to the Committees on Appropriations 
     within 30 days of the enactment of this Act, as required by 
     section 653(a) of the Foreign Assistance Act of 1961.

authorities for the peace corps, inter-american foundation and african 
                         development foundation

       Sec. 7024.  Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for the Department of State, foreign operations, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act or the African Development 
     Foundation Act:  Provided, That the agency shall promptly 
     report to the Committees on Appropriations whenever it is 
     conducting activities or is proposing to conduct activities 
     in a country for which assistance is prohibited.

                commerce, trade and surplus commodities

       Sec. 7025. (a) None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act for 
     direct assistance and none of the funds otherwise made 
     available to the Export-Import Bank and the Overseas Private 
     Investment Corporation shall be obligated or expended to 
     finance any loan, any assistance or any other financial 
     commitments for establishing or expanding production of any 
     commodity for export by any country other than the United 
     States, if the commodity is likely to be in surplus on world 
     markets at the time the resulting productive capacity is 
     expected to become operative and if the assistance will cause 
     substantial injury to United States producers of the same, 
     similar, or competing commodity:  Provided, That such 
     prohibition shall not apply to the Export-Import Bank if in 
     the judgment of its Board of Directors the benefits to 
     industry and employment in the United States are likely to 
     outweigh the injury to United States producers of the same, 
     similar, or competing commodity, and the Chairman of the 
     Board so notifies the Committees on Appropriations:  Provided 
     further, That this subsection shall not prohibit--
       (1) activities in a country that is eligible for assistance 
     from the International Development Association, is not 
     eligible for assistance from the International Bank for 
     Reconstruction and Development, and does not export on a 
     consistent basis the agricultural commodity with respect to 
     which assistance is furnished; or
       (2) activities in a country the President determines is 
     recovering from widespread conflict, a humanitarian crisis, 
     or a complex emergency.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States:  Provided, That this subsection shall not prohibit--
       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact on the export of agricultural commodities 
     of the United States;
       (2) research activities intended primarily to benefit 
     American producers;
       (3) activities in a country that is eligible for assistance 
     from the International Development Association, is not 
     eligible for assistance from the International Bank for 
     Reconstruction and Development, and does not export on a 
     consistent basis the agricultural commodity with respect to 
     which assistance is furnished; or
       (4) activities in a country the President determines is 
     recovering from widespread conflict, a humanitarian crisis, 
     or a complex emergency.

                           separate accounts

       Sec. 7026. (a) Separate Accounts for Local Currencies.--
       (1) If assistance is furnished to the government of a 
     foreign country under chapters 1 and 10 of part I or chapter 
     4 of part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development (USAID) shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of USAID and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of local currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961 (as the case 
     may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming accountability.--USAID shall take all 
     necessary steps to ensure that the equivalent of the local 
     currencies disbursed pursuant to subsection (a)(2)(A) from 
     the separate account established pursuant to subsection 
     (a)(1) are used for the purposes agreed upon pursuant to 
     subsection (a)(2).
       (4) Termination of assistance programs.--Upon termination 
     of assistance to a country under chapter 1 or 10 of part I or 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     (as the case may be), any unencumbered balances of funds 
     which remain in a separate account established pursuant to 
     subsection (a) shall be disposed of for such purposes as may 
     be agreed to by the government of that country and the United 
     States Government.
       (5) Reporting requirement.--The USAID Administrator shall 
     report on an annual basis as part of the justification 
     documents submitted to the Committees on Appropriations on 
     the use of local currencies for the administrative 
     requirements of the United States Government as authorized in 
     subsection (a)(2)(B), and such report shall include the 
     amount of local currency (and United States dollar 
     equivalent) used and/or to be used for such purpose in each 
     applicable country.
       (b) Separate Accounts for Cash Transfers.--
       (1) If assistance is made available to the government of a 
     foreign country, under chapter 1 or 10 of part I or chapter 4 
     of part II of the Foreign Assistance Act of 1961, as cash 
     transfer assistance or as nonproject sector assistance, that 
     country shall be required to maintain such funds in a 
     separate account and not commingle them with any other funds.
       (2) Applicability of other provisions of law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (House Report No. 98-
     1159).
       (3) Notification.--At least 15 days prior to obligating any 
     such cash transfer or nonproject sector assistance, the 
     President shall submit a notification through the regular 
     notification procedures of the Committees on Appropriations, 
     which shall include a detailed description of how the funds 
     proposed to be made available will be used, with a discussion 
     of the United States interests that will be served by the 
     assistance (including, as appropriate, a description of the 
     economic policy reforms that will be promoted by such 
     assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of subsection (b)(1) only 
     through the regular notification procedures of the Committees 
     on Appropriations.

[[Page 17432]]



                       eligibility for assistance

       Sec. 7027. (a) Assistance Through Nongovernmental 
     Organizations.--Section 123 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151u) is amended by adding the following new 
     subsection at the end:
       ``(i)(1) Restrictions contained in this or any other Act 
     with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from--
       ``(A) funds made available to carry out this chapter and 
     chapters 10, 11, and 12 of part I and chapter 4 of part II; 
     or
       ``(B) funds made available for economic assistance 
     activities under the Support for East European Democracy 
     (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
       ``(2) The President shall submit to Congress, in accordance 
     with section 634A, advance notice of an intent to obligate 
     funds under the authority of this subsection to furnish 
     assistance in support of programs of nongovernmental 
     organizations.
       ``(3) This subsection shall not apply--
       ``(A) with respect to section 620A of this Act or any 
     comparable provision of law prohibiting assistance to 
     governments that support international terrorism; or
       ``(B) with respect to section 116 of this Act or any 
     comparable provision of law prohibiting assistance to the 
     government of a country that violates internationally 
     recognized human rights.
       ``(4) Nothing in this subsection shall be construed to 
     alter any existing statutory prohibitions against abortion or 
     involuntary sterilization contained in this or any other 
     Act.''.
       (b) Public Law 480.--During fiscal year 2012, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Food for Peace Act (Public Law 83-480, as amended): 
      Provided, That none of the funds appropriated to carry out 
     title I of such Act and made available pursuant to this 
     subsection may be obligated or expended except as provided 
     through the regular notification procedures of the Committees 
     on Appropriations.

                  impact on jobs in the united states

       Sec. 7028.  None of the funds appropriated under titles III 
     through VI of this Act may be obligated or expended to 
     provide--
       (1) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States; or
       (2) assistance for any program, project, or activity that 
     contributes to the violation of internationally recognized 
     workers rights, as defined in section 507(4) of the Trade Act 
     of 1974, of workers in the recipient country, including any 
     designated zone or area in that country:  Provided, That the 
     application of section 507(4)(D) and (E) of such Act should 
     be commensurate with the level of development of the 
     recipient country and sector, and shall not preclude 
     assistance for the informal sector in such country, micro and 
     small-scale enterprise, and smallholder agriculture.

                  international financial institutions

       Sec. 7029. (a) None of the funds appropriated under title V 
     of this Act may be made as payment to any international 
     financial institution while the United States executive 
     director to such institution is compensated by the 
     institution at a rate which, together with whatever 
     compensation such executive director receives from the United 
     States, is in excess of the rate provided for an individual 
     occupying a position at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, or while 
     any alternate United States executive director to such 
     institution is compensated by the institution at a rate in 
     excess of the rate provided for an individual occupying a 
     position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (b) Of the funds appropriated under title V of this Act 
     that are available for payments to international financial 
     institutions, 10 percent should not be obligated for any such 
     institution until the Secretary of the Treasury reports to 
     the Committees on Appropriations that the institution is 
     implementing effective practices to protect whistleblowers 
     (including the institution's employees and others affected by 
     the institution's operations) from retaliation for internal 
     and lawful public disclosures, including--
       (1) best practices for legal burdens of proof;
       (2) access to independent adjudicative bodies, including 
     external arbitration based on consensus selection and shared 
     costs;
       (3) results that eliminate the effects of proven 
     retaliation; and
       (4) a minimum of a 6-month statute of limitations for 
     reporting retaliation.
       (c) The Secretary of the Treasury shall instruct the United 
     States executive director of each international financial 
     institution to oppose any loan, grant, strategy or policy of 
     such institution that would require user fees or service 
     charges on poor people for primary education or primary 
     healthcare, including prevention, care and treatment for HIV/
     AIDS, malaria, tuberculosis, and infant, child, and maternal 
     health, in connection with such institution's financing 
     programs.
       (d) The Secretary of the Treasury shall instruct the United 
     States Executive Director of the International Monetary Fund 
     (the Fund) to use the voice and vote of the United States to 
     oppose any loan, project, agreement, memorandum, instrument, 
     plan, or other program of the Fund to a Heavily Indebted Poor 
     Country that imposes budget caps or restraints that do not 
     allow the maintenance of or an increase in governmental 
     spending on healthcare or education; and to promote 
     government spending on healthcare, education, agriculture and 
     food security, or other critical safety net programs in all 
     of the Fund's activities with respect to Heavily Indebted 
     Poor Countries.
       (e) The Secretary of the Treasury shall instruct the United 
     States executive directors of the international financial 
     institutions to use the voice and vote of the United States 
     to oppose any assistance by such institutions, using funds 
     appropriated or made available pursuant to titles III through 
     VI of this Act, for the production or extraction of any 
     commodity or mineral for export, if it is in surplus on world 
     markets and if the assistance will cause substantial injury 
     to United States producers of the same, similar, or competing 
     commodity.
       (f) For the purposes of this Act ``international financial 
     institutions'' shall mean the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Inter-American Development Bank, the International Monetary 
     Fund, the Asian Development Bank, the Asian Development Fund, 
     the Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank and the African 
     Development Fund.

                          debt-for-development

       Sec. 7030.  In order to enhance the continued participation 
     of nongovernmental organizations in debt-for-development and 
     debt- for-nature exchanges, a nongovernmental organization 
     which is a grantee or contractor of the United States Agency 
     for International Development may place in interest bearing 
     accounts local currencies which accrue to that organization 
     as a result of economic assistance provided under title III 
     of this Act and, subject to the regular notification 
     procedures of the Committees on Appropriations, any interest 
     earned on such investment shall be used for the purpose for 
     which the assistance was provided to that organization.

             authority to engage in debt buybacks or sales

       Sec. 7031. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section:  Provided, That such agency shall make adjustment in 
     its accounts to reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.

[[Page 17433]]

       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.

                           special provisions

       Sec. 7032. (a) Afghanistan, Pakistan, Iraq, Lebanon, 
     Victims of War, Displaced Children, and Displaced Burmese.--
     Funds appropriated under titles III through VI of this Act 
     that are made available for assistance for Afghanistan may be 
     made available notwithstanding section 7012 of this Act or 
     any similar provision of law and section 660 of the Foreign 
     Assistance Act of 1961, and funds appropriated under titles 
     III and VI of this Act that are made available for assistance 
     for Pakistan, Iraq, and Lebanon and for victims of war, 
     displaced children, displaced Burmese, and to assist victims 
     of trafficking in persons and, subject to the regular 
     notification procedures of the Committees on Appropriations, 
     to combat such trafficking, may be made available 
     notwithstanding any other provision of law except section 
     620M of the Foreign Assistance Act, as amended by this Act.
       (b) Waiver.--
       (1) The President may waive the provisions of section 1003 
     of Public Law 100-204 if the President determines and 
     certifies in writing to the President pro tempore of the 
     Senate, the Speaker of the House of Representatives, and the 
     Committees on Appropriations that it is important to the 
     national security interests of the United States.
       (2) Period of application of waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of 6 months at a time and shall not apply beyond 12 months 
     after the enactment of this Act.
       (3) Not later than 30 days after enactment of this Act, the 
     Secretary of State shall submit to the Committees on 
     Appropriations specific recommendations on appropriate 
     actions to be taken with respect to the Palestine Liberation 
     Organization's status in the United States, especially about 
     the closing of its office, if Palestine seeks to become a 
     member or non-member state of the United Nations outside an 
     agreement negotiated between Israel and the Palestinians.
       (c) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, the United States Agency for International Development 
     (USAID) may provide an exception to the fair opportunity 
     process for placing task orders under such contracts when the 
     order is placed with any category of small or small 
     disadvantaged business.
       (d) Reconstituting Civilian Police Authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of 1961, support for 
     a nation emerging from instability may be deemed to mean 
     support for regional, district, municipal, or other sub-
     national entity emerging from instability, as well as a 
     nation emerging from instability.
       (e) Extension of Authority.--The Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1990 
     (Public Law 101-167) is amended--
       (1) In section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``and 2011'' and 
     inserting ``2011, and 2012''; and
       (B) in subsection (e), by striking ``June 1, 2011'' each 
     place it appears and inserting ``October 1, 2012''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``2011'' and inserting ``2012''.
       (f) World Food Program.--Funds managed by the Bureau for 
     Democracy, Conflict, and Humanitarian Assistance, USAID, from 
     this or any other Act, shall be made available as a general 
     contribution to the World Food Program, notwithstanding any 
     other provision of law.
       (g) Disarmament, Demobilization and Reintegration.--
     Notwithstanding any other provision of law, regulation or 
     Executive order, funds appropriated by this Act and prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs under the headings 
     ``Economic Support Fund'', ``Peacekeeping Operations'', 
     ``International Disaster Assistance'', and ``Transition 
     Initiatives'' should be made available to support programs to 
     disarm, demobilize, and reintegrate into civilian society 
     former members of foreign terrorist organizations:  Provided, 
     That the Secretary of State shall consult with the Committees 
     on Appropriations prior to the obligation of funds pursuant 
     to this subsection:  Provided further, That for the purposes 
     of this subsection the term ``foreign terrorist 
     organization'' means an organization designated as a 
     terrorist organization under section 219 of the Immigration 
     and Nationality Act.
       (h) Contingencies.--During fiscal year 2012, the President 
     may use up to $75,000,000 under the authority of section 451 
     of the Foreign Assistance Act of 1961, notwithstanding any 
     other provision of law.
       (i) Consolidation of Reports.--The Secretary of State, in 
     coordination with the USAID Administrator, shall submit to 
     the Committees on Appropriations not later than 90 days after 
     enactment of this Act recommendations for the consolidation 
     or combination of reports (including plans and strategies) 
     that are called for by any provision of law to be submitted 
     to the Congress and that are substantially duplicative of 
     others called for by any other provision of law:  Provided, 
     That reports are considered ``substantially duplicative'' if 
     they are required to address at least more than half of the 
     same substantive factors, criteria and issues that are 
     required to be addressed by any other report, and any such 
     consolidated report must address all the substantive factors, 
     criteria and issues required to be addressed in each of the 
     individual reports:  Provided further, That reports affected 
     by this subsection are those within the purview of, or 
     prepared primarily by, the Department of State and USAID and 
     that relate to matters addressed under this Act or any other 
     Act authorizing or appropriating funds for use by, or actions 
     of, the Department of State or USAID.
       (j) Promotion of Democracy.--
       (1) Funds made available by this Act that are made 
     available for the promotion of democracy may be made 
     available notwithstanding any other provision of law, and 
     with regard to the National Endowment for Democracy, any 
     regulation.
       (2) For the purposes of funds appropriated by this Act, the 
     term ``promotion of democracy'' means programs that support 
     good governance, human rights, independent media, and the 
     rule of law, and otherwise strengthen the capacity of 
     democratic political parties, governments, nongovernmental 
     organizations and institutions, and citizens to support the 
     development of democratic states, institutions, and practices 
     that are responsive and accountable to citizens.
       (3) With respect to the provision of assistance for 
     democracy, human rights and governance activities in this 
     Act, the organizations implementing such assistance and the 
     specific nature of that assistance shall not be subject to 
     the prior approval by the government of any foreign country.
       (4) Of the funds appropriated under the heading ``Economic 
     Support Fund'', up to $25,000,000 shall be made available to 
     the Bureau of Democracy, Human Rights and Labor for programs 
     to promote human rights by expanding open and uncensored 
     access to information and communication through the Internet, 
     mobile phones, and other connection technologies including 
     digital safety training, policy and advocacy, and the 
     development of circumvention and secure communication 
     technologies, as identified in the Department of State's 
     Internet freedom strategy:  Provided, That funds made 
     available by this section should be matched by sources other 
     than the United States Government, as appropriate:  Provided 
     further, That the Secretary of State shall coordinate the 
     uses of circumvention and secure communications technologies 
     with the Administrator of the United States Agency for 
     International Development (USAID) and the Broadcasting Board 
     of Governors, as appropriate:  Provided further, That the 
     circumvention technologies and programs supported by funds 
     made available by this Act, Public Law 111-117 or Public Law 
     112-10 shall undergo a peer review, to include an assessment 
     of the protection against such technologies being used for 
     illicit purposes, including to further the communications 
     capabilities of extremist groups or their supporters:  
     Provided further, That prior to the obligation of funds, the 
     Secretary of State shall submit to the Committees on 
     Appropriations a report detailing planned expenditures of 
     funds made available for activities to promote Internet 
     freedom:  Provided further, That not later than September 30, 
     2012, the Secretary of State, in coordination with the USAID 
     Administrator, shall submit a report to the Committees on 
     Appropriations listing programs supported by the Department 
     of State and USAID to promote Internet freedom, including an 
     assessment of the results of such programs, and detailing how 
     such programs further, and are coordinated with cyber 
     diplomacy and the United States International Strategy for 
     Cyberspace.
       (k) Accountability Review Boards.--The authority provided 
     by section 301(a)(3) of the Omnibus Diplomatic Security and 
     Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain 
     in effect through September 30, 2012.
       (l) Partner Vetting.--The provisions of section 7034(o) of 
     division F of Public Law 111-117 shall remain in effect 
     through fiscal year 2012.

[[Page 17434]]

       (m) Motor Vehicle Pollution Control.--Not later than 90 
     days after enactment of this Act, the head of each United 
     States Government agency that receives funds appropriated by 
     this Act shall establish a policy to eliminate unnecessary 
     idling of motor vehicles owned or leased by such department 
     or agency, and provide a copy of such policy to the 
     Committees on Appropriations including an estimate of the 
     amount of annual fuel savings that will result from such 
     policy:  Provided, That 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.
       (n) Protections and Remedies for Employees of Diplomatic 
     Missions and International Organizations.--The Secretary of 
     State shall implement section 203(a)(2) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (Public Law 110-457):  Provided, That in 
     determining whether to suspend the issuance of A-3 or G-5 
     visas to applicants seeking to work for officials of a 
     diplomatic mission or international organization, the 
     Secretary shall consider whether a final court judgment has 
     been issued against a current or former employee of such 
     mission or organization (and the time period for a final 
     appeal has expired) or whether the Department of State has 
     requested that immunity of individual diplomats or family 
     members be waived to permit criminal prosecution:  Provided 
     further, That the Secretary should continue to assist in 
     obtaining payment of final court judgments awarded to A-3 and 
     G-5 visa holders, including encouraging the sending states to 
     provide compensation directly to victims:  Provided further, 
     That the Secretary shall include, in a manner the Secretary 
     deems appropriate, all trafficking cases involving A-3 or G-5 
     visa holders in the Trafficking in Persons annual report for 
     which a final civil judgment has been issued (and the time 
     period for final appeal has expired) or the Department of 
     Justice has determined that the United States Government 
     would seek to indict the diplomat or a family member but for 
     diplomatic immunity.
       (o) Modification of Amendment.--Section 620J of the Foreign 
     Assistance Act of 1961 (Limitation on Assistance to Security 
     Forces) is amended as follows:
       (1) by redesignating the section as section 620M;
       (2) in subsection (a), by striking ``evidence'' and 
     inserting ``information'' and by striking ``gross 
     violations'' and inserting ``a gross violation'';
       (3) in subsection (b), by striking ``measures'' and 
     inserting ``steps''; and
       (4) by adding the following subsections:
       ``(d) Credible Information.--Not later than 180 days after 
     the enactment of this section, the Secretary shall establish, 
     and periodically update, procedures to--
       ``(1) ensure that for each country the Department of State 
     has a current list of all security force units receiving 
     United States training, equipment, or other types of 
     assistance;
       ``(2) facilitate receipt by the Department of State and 
     United States embassies of information from individuals and 
     organizations outside the United States Government about 
     gross violations of human rights by security force units;
       ``(3) routinely request and obtain such information from 
     the Department of Defense, the Central Intelligence Agency, 
     and other United States Government sources;
       ``(4) ensure that such information is evaluated and 
     preserved;
       ``(5) ensure that when vetting an individual for 
     eligibility to receive United States training the 
     individual's unit is also vetted;
       ``(6) seek to identify the unit involved when credible 
     information of a gross violation exists but the identity of 
     the unit is lacking; and
       ``(7) make publicly available, to the maximum extent 
     practicable, the identity of those units for which the 
     Secretary has credible information.
       ``(e) Report.--The Secretary shall provide a copy of the 
     procedures to the Committees on Appropriations.''
       (p) Sections Repealed.--Sections 494, 495, and 495B through 
     495K of the Foreign Assistance Act of 1961 are hereby 
     repealed.
       (q) Annuitant Waiver.--
       (1) Section 824 of the Foreign Service Act of 1980 (22 
     U.S.C. 4064) is amended in subsection (g)--
       (A) in paragraph (1)(B), by inserting ``to positions in the 
     Response Readiness Corps,'' before ``or to posts vacated''; 
     and
       (B) in paragraph (2), by striking ``2011'' and inserting in 
     lieu thereof ``2013''.
       (2) Section 61 of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)--
       (A) in paragraph (1), by inserting ``to positions in the 
     Response Readiness Corps,'' before ``or to posts vacated''; 
     and
       (B) in paragraph (2), by striking ``2011'' and inserting in 
     lieu thereof ``2013''.
       (3) Section 625 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2385) is amended in subsection (j)(1)--
       (A) in subparagraph (A), by inserting ``to positions in the 
     Response Readiness Corps,'' before ``or to posts vacated''; 
     and
       (B) in subparagraph (B), by striking ``2011'' and inserting 
     in lieu thereof ``2013''.
       (r) Incentives for Critical Posts.--The authority contained 
     in section 1115(d) of Public Law 111-32 shall remain in 
     effect through fiscal year 2012.
       (s) Reports Repealed.--Section 4(b) of Public Law 79-264; 
     section 51(a)(2) of Public Law 84-885; sections 133(d), 
     620C(c) and 620F(c) of Public Law 87-195; section 807 of 
     Public Law 98-164; section 704(c) of Public Law 101-179; 
     section 104 of Public Law 102-511; section 560(g) of Public 
     Law 103-87; sections 514(a) and 527(f) of Public Law 103-236; 
     section 605(c) of Appendix G, Public Law 106-113; sections 
     3203 and 3204(f) of division B of Public Law 106-246; section 
     564(g)(4) of Public Law 106-429; section 304(f) of Public Law 
     107-173; sections 694(a), 694(b), 702, 704 and 1321 of Public 
     Law 107-228; and section 409(c) of Public Law 108-447 are 
     hereby repealed.
       (t) Fee.--Section 1(b)(2) of the Passport Act of June 4, 
     1920 (22 U.S.C. 214(b)(2)) is amended by striking ``2011'' 
     and inserting instead ``2012''.
       (u) Conflict Stabilization Operations Authority.--Of the 
     funds appropriated in title I of this Act under the heading 
     ``Diplomatic and Consular Programs'', up to $35,000,000, to 
     remain available until expended, may be made available 
     pursuant to the authorities under the heading ``Civilian 
     Stabilization Initiative'' in title I of division F of Public 
     Law 111-117:  Provided, That the third and fourth proviso 
     under such heading shall not apply to funds made available 
     under this subsection.
       (v) Transfer of Authority.--
       (1) The State Department Basic Authorities Act of 1956 is 
     amended in section 1(c)(1) (22 U.S.C. 2651a(c)(1)) by 
     striking ``24'' and inserting instead ``26''.
       (2) The Secretary of State may transfer any authority, 
     duty, or function assigned by statute to the Coordinator for 
     Counterterrorism, the Coordinator for Reconstruction and 
     Stabilization, or the Coordinator for International Energy 
     Affairs (or to their respective offices) to such other 
     officials or offices of the Department of State as the 
     Secretary may determine from time to time, following 
     consultation with the Committees on Appropriations.
       (w) Country Expenditures.--Except to respond to 
     humanitarian crises or natural or man-made disasters, or to 
     promote democracy or protect human rights, funds appropriated 
     under the headings ``Global Health Programs'', ``Development 
     Assistance'', ``Economic Support Fund'', ``Millennium 
     Challenge Corporation'', and ``International Narcotics 
     Control and Law Enforcement'' shall not be made available for 
     programs and activities in any country whose government is 
     not increasing its own budgetary expenditures for such 
     programs and activities.
       (x) Personnel.--The authority provided by section 1113 of 
     Public Law 111-32 shall remain in effect through fiscal year 
     2012:  Provided, That none of the funds appropriated or 
     otherwise made available by this Act or any other Act making 
     appropriations for the Department of State, foreign 
     operations, and related programs may be used to implement 
     phase 3 of such authority.
       (y) International Child Abductions.--The Secretary of State 
     may withhold funds appropriated by this Act under the heading 
     ``Economic Support Fund'' for assistance for the central 
     government of any country that the Secretary determines is 
     not taking appropriate steps to comply with the Convention on 
     the Civil Aspects of International Child Abductions, done at 
     the Hague on October 25, 1980:  Provided, That the Secretary 
     shall report to the Committees on Appropriations within 15 
     days of making any such determination.

                     arab league boycott of israel

       Sec. 7033.  It is the sense of the Congress that--
       (1) the Arab League boycott of Israel, and the secondary 
     boycott of American firms that have commercial ties with 
     Israel, is an impediment to peace in the region and to United 
     States investment and trade in the Middle East and North 
     Africa;
       (2) the Arab League boycott, which was regrettably 
     reinstated in 1997, should be immediately and publicly 
     terminated, and the Central Office for the Boycott of Israel 
     immediately disbanded;
       (3) all Arab League states should normalize relations with 
     their neighbor Israel;
       (4) the President and the Secretary of State should 
     continue to vigorously oppose the Arab League boycott of 
     Israel and find concrete steps to demonstrate that opposition 
     by, for example, taking into consideration the participation 
     of any recipient country in the boycott when determining to 
     sell weapons to said country; and
       (5) the President should report to Congress annually on 
     specific steps being taken by the United States to encourage 
     Arab League states to normalize their relations with Israel 
     to bring about the termination of the Arab League boycott of 
     Israel, including those to encourage allies and trading 
     partners of the United States to enact laws prohibiting 
     businesses from complying with the boycott and penalizing 
     businesses that do comply.

                         palestinian statehood

       Sec. 7034. (a) Limitation on Assistance.--None of the funds 
     appropriated under titles

[[Page 17435]]

     III through VI of this Act may be provided to support a 
     Palestinian state unless the Secretary of State determines 
     and certifies to the appropriate congressional committees 
     that--
       (1) the governing entity of a new Palestinian state--
       (A) has demonstrated a firm commitment to peaceful co-
     existence with the State of Israel;
       (B) is taking appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures, and is cooperating 
     with appropriate Israeli and other appropriate security 
     organizations; and
       (2) the Palestinian Authority (or the governing entity of a 
     new Palestinian state) is working with other countries in the 
     region to vigorously pursue efforts to establish a just, 
     lasting, and comprehensive peace in the Middle East that will 
     enable Israel and an independent Palestinian state to exist 
     within the context of full and normal relationships, which 
     should include--
       (A) termination of all claims or states of belligerency;
       (B) respect for and acknowledgment of the sovereignty, 
     territorial integrity, and political independence of every 
     state in the area through measures including the 
     establishment of demilitarized zones;
       (C) their right to live in peace within secure and 
     recognized boundaries free from threats or acts of force;
       (D) freedom of navigation through international waterways 
     in the area; and
       (E) a framework for achieving a just settlement of the 
     refugee problem.
       (b) Sense of Congress.--It is the sense of Congress that 
     the governing entity should enact a constitution assuring the 
     rule of law, an independent judiciary, and respect for human 
     rights for its citizens, and should enact other laws and 
     regulations assuring transparent and accountable governance.
       (c) Waiver.--The President may waive subsection (a) if the 
     President determines that it is important to the national 
     security interests of the United States to do so.
       (d) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or the governing 
     entity, in order to help meet the requirements of subsection 
     (a), consistent with the provisions of section 7038 of this 
     Act (``Limitation on Assistance for the Palestinian 
     Authority'').

           restrictions concerning the palestinian authority

       Sec. 7035.  None of the funds appropriated under titles II 
     through VI of this Act may be obligated or expended to create 
     in any part of Jerusalem a new office of any department or 
     agency of the United States Government for the purpose of 
     conducting official United States Government business with 
     the Palestinian Authority over Gaza and Jericho or any 
     successor Palestinian governing entity provided for in the 
     Israel-PLO Declaration of Principles:  Provided, That this 
     restriction shall not apply to the acquisition of additional 
     space for the existing Consulate General in Jerusalem:  
     Provided further, That meetings between officers and 
     employees of the United States and officials of the 
     Palestinian Authority, or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles, for the purpose of conducting official United 
     States Government business with such authority should 
     continue to take place in locations other than Jerusalem:  
     Provided further, That as has been true in the past, officers 
     and employees of the United States Government may continue to 
     meet in Jerusalem on other subjects with Palestinians 
     (including those who now occupy positions in the Palestinian 
     Authority), have social contacts, and have incidental 
     discussions.

 prohibition on assistance to the palestinian broadcasting corporation

       Sec. 7036.  None of the funds appropriated or otherwise 
     made available by this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.

                 assistance for the west bank and gaza

       Sec. 7037. (a) Oversight.--For fiscal year 2012, 30 days 
     prior to the initial obligation of funds for the bilateral 
     West Bank and Gaza Program, the Secretary of State shall 
     certify to the Committees on Appropriations that procedures 
     have been established to assure the Comptroller General of 
     the United States will have access to appropriate United 
     States financial information in order to review the uses of 
     United States assistance for the Program funded under the 
     heading ``Economic Support Fund'' for the West Bank and Gaza.
       (b) Vetting.--Prior to the obligation of funds appropriated 
     by this Act under the heading ``Economic Support Fund'' for 
     assistance for the West Bank and Gaza, the Secretary of State 
     shall take all appropriate steps to ensure that such 
     assistance is not provided to or through any individual, 
     private or government entity, or educational institution that 
     the Secretary knows or has reason to believe advocates, 
     plans, sponsors, engages in, or has engaged in, terrorist 
     activity nor, with respect to private entities or educational 
     institutions, those that have as a principal officer of the 
     entity's governing board or governing board of trustees any 
     individual that has been determined to be involved in, or 
     advocating terrorist activity or determined to be a member of 
     a designated foreign terrorist organization:  Provided, That 
     the Secretary of State shall, as appropriate, establish 
     procedures specifying the steps to be taken in carrying out 
     this subsection and shall terminate assistance to any 
     individual, entity, or educational institution which the 
     Secretary has determined to be involved in or advocating 
     terrorist activity.
       (c) Prohibition.--
       (1) None of the funds appropriated under titles III through 
     VI of this Act for assistance under the West Bank and Gaza 
     Program may be made available for the purpose of recognizing 
     or otherwise honoring individuals who commit, or have 
     committed acts of terrorism.
       (2) Notwithstanding any other provision of law, none of the 
     funds made available by this or prior appropriations act, 
     including funds made available by transfer, may be made 
     available for obligation for security assistance for the West 
     Bank and Gaza until the Secretary of State reports to the 
     Committees on Appropriations on the benchmarks that have been 
     established for security assistance for the West Bank and 
     Gaza and reports on the extent of Palestinian compliance with 
     such benchmarks.
       (d) Audits.--
       (1) The Administrator of the United States Agency for 
     International Development shall ensure that Federal or non-
     Federal audits of all contractors and grantees, and 
     significant subcontractors and sub-grantees, under the West 
     Bank and Gaza Program, are conducted at least on an annual 
     basis to ensure, among other things, compliance with this 
     section.
       (2) Of the funds appropriated by this Act up to $500,000 
     may be used by the Office of Inspector General of the United 
     States Agency for International Development for audits, 
     inspections, and other activities in furtherance of the 
     requirements of this subsection:  Provided, That such funds 
     are in addition to funds otherwise available for such 
     purposes.
       (e) Subsequent to the certification specified in subsection 
     (a), the Comptroller General of the United States shall 
     conduct an audit and an investigation of the treatment, 
     handling, and uses of all funds for the bilateral West Bank 
     and Gaza Program, including all funds provided as cash 
     transfer assistance, in fiscal year 2012 under the heading 
     ``Economic Support Fund'', and such audit shall address--
       (1) the extent to which such Program complies with the 
     requirements of subsections (b) and (c); and
       (2) an examination of all programs, projects, and 
     activities carried out under such Program, including both 
     obligations and expenditures.
       (f) Funds made available in this Act for West Bank and Gaza 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (g) Not later than 180 days after enactment of this Act, 
     the Secretary of State shall submit a report to the 
     Committees on Appropriations updating the report contained in 
     section 2106 of chapter 2 of title II of Public Law 109-13.

         limitation on assistance for the palestinian authority

       Sec. 7038. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives, the President pro 
     tempore of the Senate, and the Committees on Appropriations 
     that waiving such prohibition is important to the national 
     security interests of the United States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.
       (d) Report.--Whenever the waiver authority pursuant to 
     subsection (b) is exercised, the President shall submit a 
     report to the Committees on Appropriations detailing the 
     justification for the waiver, the purposes for which the 
     funds will be spent, and the accounting procedures in place 
     to ensure that the funds are properly disbursed:  Provided, 
     That the report shall also detail the steps the Palestinian 
     Authority has taken to arrest terrorists, confiscate weapons 
     and dismantle the terrorist infrastructure.
       (e) Certification.--If the President exercises the waiver 
     authority under subsection (b), the Secretary of State must 
     certify and report to the Committees on Appropriations prior 
     to the obligation of funds that the Palestinian Authority has 
     established a single treasury account for all Palestinian 
     Authority financing and all financing mechanisms flow through 
     this account, no parallel financing mechanisms exist outside 
     of the Palestinian Authority treasury account, and there is a 
     single comprehensive civil service roster and payroll.
       (f) Prohibition to Hamas and the Palestine Liberation 
     Organization.--
       (1) None of the funds appropriated in titles III through VI 
     of this Act may be obligated

[[Page 17436]]

     for salaries of personnel of the Palestinian Authority 
     located in Gaza or may be obligated or expended for 
     assistance to Hamas or any entity effectively controlled by 
     Hamas, any power-sharing government of which Hamas is a 
     member, or a government over which Hamas exercises undue 
     influence.
       (2) Notwithstanding the limitation of subsection (1), 
     assistance may be provided to a power-sharing government only 
     if the President certifies and reports to the Committees on 
     Appropriations that such government, including all of its 
     ministers or such equivalent, has publicly accepted and is 
     complying with the principles contained in section 
     620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, 
     as amended.
       (3) The President may exercise the authority in section 
     620K(e) of the Foreign Assistance Act as added by the 
     Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) 
     with respect to this subsection.
       (4) Whenever the certification pursuant to paragraph (2) is 
     exercised, the Secretary of State shall submit a report to 
     the Committees on Appropriations within 120 days of the 
     certification and every quarter thereafter on whether such 
     government, including all of its ministers or such equivalent 
     are continuing to comply with the principles contained in 
     section 620K(b)(1)(A) and (B) of the Foreign Assistance Act 
     of 1961, as amended:  Provided, That the report shall also 
     detail the amount, purposes and delivery mechanisms for any 
     assistance provided pursuant to the abovementioned 
     certification and a full accounting of any direct support of 
     such government.
       (5) None of the funds appropriated under titles III through 
     VI of this Act may be obligated for assistance for the 
     Palestine Liberation Organization.

                               near east

       Sec. 7039. (a) Egypt.--
       (1) Notwithstanding any other provision of this Act, funds 
     appropriated by this Act under the heading ``Foreign Military 
     Financing Program'' for assistance for Egypt may be 
     transferred to, and merged with, funds appropriated for 
     assistance for Egypt under the heading ``Economic Support 
     Fund'':  Provided, That such transfer may only be made 
     following consultation with, and subject to the regular 
     notification procedures of, the Committees on Appropriations.
       (2)(A) None of the funds appropriated by this Act may be 
     made available for assistance for the central Government of 
     Egypt unless the Secretary of State certifies to the 
     Committees on Appropriations that such government is meeting 
     its obligations under the 1979 Egypt-Israel Peace Treaty.
       (B) The Secretary of State may waive paragraph (2)(A) if 
     the Secretary determines and reports to the Committees on 
     Appropriations that to do so is important to the national 
     interests of the United States:  Provided, That any such 
     determination and report shall include a detailed 
     justification for such waiver.
       (3)(A) Funds appropriated under the heading ``Economic 
     Support Fund'' in this and prior Acts (including previously 
     obligated funds), may be made available, notwithstanding any 
     other provision of law, for an Egypt initiative, particularly 
     for the specific costs referred to in the authorities 
     referenced herein, for the purpose of improving the lives of 
     the Egyptian people through education, investment in jobs and 
     skills (including secondary and vocational education), and 
     access to finance for small and medium enterprise with 
     emphasis on expanding opportunities for women, as well as 
     other appropriate market-reform and economic growth 
     activities:  Provided, That the provisions of title VI of 
     Public Law 103-306 pertaining to funds for Jordan shall be 
     deemed to apply to any such initiative and to funds available 
     under this section to carry out such an initiative in the 
     same manner as such cited provisions apply to Jordan, subject 
     to the following provisos:  Provided further, That 
     subparagraph (b)(2) shall be deemed not to apply and the 
     amount made available pursuant to this section as set forth 
     in the report accompanying this Act and incorporated herein 
     shall be deemed to apply in lieu of the figure in 
     subparagraph (b)(1):  Provided further, That the authority to 
     reduce debt shall include authority to exchange an 
     outstanding obligation for a new obligation and to permit 
     both principal and interest payments on new obligations to be 
     deposited into a fund established for such purpose, to be 
     used in accordance with purposes set forth in an agreement 
     between the United States and Egypt:  Provided further, That 
     the authority of this paragraph shall only be made available 
     after the Secretary of State certifies to the Committees on 
     Appropriations that the Government of Egypt has held free and 
     fair elections and is implementing policies to protect the 
     rights of journalists, due process, and freedoms of 
     expression and association.
       (b) Enterprise Funds.--Up to $60,000,000 of funds 
     appropriated under the heading ``Economic Support Fund'' in 
     this Act and prior acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     (and including previously obligated funds), that are 
     available for assistance for Egypt, up to $20,000,000 of such 
     funds that are available for assistance for Tunisia, up to 
     $60,000,000 of such funds that are available for assistance 
     for Pakistan, and up to $60,000,000 of such funds that are 
     available for assistance for Jordan, respectively, may be 
     made available notwithstanding any other provision of law, to 
     establish and operate one or more enterprise funds for Egypt, 
     Tunisia, Pakistan, and Jordan, respectively:  Provided, That 
     provisions contained in section 201 of the Support for East 
     European Democracy (SEED) Act of 1989 (excluding the 
     provisions of subsections (b)(c)(d)(3) and (f) of that 
     section), shall be deemed to apply to any such fund or funds, 
     and to funds made available to such fund or funds, in order 
     to enable such fund or funds to provide assistance for 
     purposes of this section:  Provided further, That section 
     7077 of division F of Public Law 111-117 shall apply to any 
     such fund or funds established pursuant to this subsection:  
     Provided further, That not more than 5 percent of the funds 
     made available pursuant to this subsection should be 
     available for administrative expenses of such fund or funds 
     and not later than 1 year after the date of enactment of this 
     Act, and annually thereafter until each fund is dissolved, 
     each fund shall submit to the Committees on Appropriations a 
     report detailing the administrative expenses of such fund:  
     Provided further, That each fund shall be governed by a Board 
     of Directors comprised of six private United States citizens 
     and three private citizens of each country, respectively, who 
     have had international business careers and demonstrated 
     expertise in international and emerging markets investment 
     activities:  Provided further, That not later than 1 year 
     after the entry into force of the initial grant agreement 
     under this section and annually thereafter, each fund shall 
     prepare and make available to the public on an Internet Web 
     site administered by the fund a detailed report on the fund's 
     activities during the previous year:  Provided further, That 
     the authority of any such fund or funds to provide assistance 
     shall cease to be effective on December 31, 2022:  Provided 
     further, That funds made available pursuant to this section 
     shall be subject to prior consultation with the Committees on 
     Appropriations.
       (c) Iran.--
       (1) It is the policy of the United States to seek to 
     prevent Iran from achieving the capability to produce or 
     otherwise manufacture nuclear weapons, including by 
     supporting international diplomatic efforts to halt Iran's 
     uranium enrichment program, and the President should fully 
     implement and enforce the Iran Sanctions Act of 1996, as 
     amended (Public Law 104-172) as a means of encouraging 
     foreign governments to require state-owned and private 
     entities to cease all investment in, and support of, Iran's 
     energy sector and all exports of refined petroleum products 
     to Iran.
       (2) None of the funds appropriated or otherwise made 
     available in this Act under the heading ``Export-Import Bank 
     of the United States'' may be used by the Export-Import Bank 
     of the United States to provide any new financing (including 
     loans, guarantees, other credits, insurance, and reinsurance) 
     to any person that is subject to sanctions under paragraph 
     (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 
     (Public Law 104-172).
       (3) The reporting requirements in section 7043(c) in 
     division F of Public Law 111-117 shall continue in effect 
     during fiscal year 2012 as if part of this Act:  Provided, 
     That the date in subsecton (c)(1) shall be deemed to be 
     ``September 31, 2012''.
       (d) Iraq.--
       (1) Funds appropriated or otherwise made available by this 
     Act for assistance for Iraq shall be made available in a 
     manner that utilizes Iraqi entities to the maximum extent 
     practicable, and in accordance with the Department of State's 
     April 9, 2009 ``Guidelines for Government of Iraq Financial 
     Participation in United States Government-Funded Civilian 
     Foreign Assistance Programs and Projects''.
       (2) None of the funds appropriated or otherwise made 
     available by this Act may be used by the Government of the 
     United States to enter into a permanent basing rights 
     agreement between the United States and Iraq.
       (3) Funds appropriated or otherwise made available by this 
     Act for security-related programs in Iraq may only be made 
     available if the Secretary of State certifies to the 
     Committees on Appropriations that the Government of Iraq has 
     committed to contributing to, and sustaining, such programs, 
     including details on the manner in which such contributions 
     and sustainment will be achieved.
       (4) Of the funds appropriated by this Act for assistance 
     for Iraq under the heading ``Economic Support Fund'', not 
     less than $10,000,000 shall be made available for programs 
     and activities for which policy justifications and decisions 
     shall be the responsibility of the United States Chief of 
     Mission in Iraq.
       (e) Lebanon.--
       (1) None of the funds appropriated by this Act may be made 
     available for assistance for the Government of Lebanon if 
     such government is controlled by a foreign terrorist 
     organization.
       (2) Funds appropriated under the heading ``Foreign Military 
     Financing Program'' in this Act for assistance for Lebanon 
     may be made available only to professionalize the Lebanese 
     Armed Forces and to strengthen border security and combat 
     terrorism, including training and equipping the Lebanese

[[Page 17437]]

     Armed Forces to secure Lebanon's borders, interdicting arms 
     shipments, preventing the use of Lebanon as a safe haven for 
     terrorist groups, and to implement United Nations Security 
     Council Resolution 1701:  Provided, That funds may not be 
     made available for obligation until the Secretary of State 
     provides the Committees on Appropriations a detailed spending 
     plan:  Provided further, That such plan shall not be 
     considered as meeting the notification requirements under 
     section 7015 of this Act or under section 634A of the Foreign 
     Assistance Act of 1961.
       (f) Libya.--
       (1) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $20,000,000 should 
     be made available to promote democracy, transparent and 
     accountable governance, human rights, transitional justice, 
     and the rule of law in Libya, and for exchange programs 
     between Libyan and American students:  Provided, That such 
     funds shall be made available, to the maximum extent 
     practicable, on a cost matching basis.
       (2) None of the funds appropriated by this Act may be made 
     available for assistance for Libya for the rehabilitation or 
     reconstruction of infrastructure except on a loan basis with 
     terms favorable to the United States, and only following 
     consultation with the Committees on Appropriations.
       (g) Morocco.--Of the funds appropriated by this Act under 
     the heading ``Foreign Military Financing Program'' for 
     assistance for Morocco, $1,000,000 shall be withheld from 
     obligation until the Secretary of State submits a report to 
     the Committees on Appropriations on steps being taken by the 
     Government of Morocco to--
       (1) respect the right of individuals to peacefully express 
     their opinions regarding the status and future of the Western 
     Sahara and to document violations of human rights; and
       (2) provide unimpeded access to human rights organizations, 
     journalists, and representatives of foreign governments to 
     the Western Sahara.
       (h) Syria.--Notwithstanding any other provision of law, 
     funds appropriated by this Act shall be made available to 
     promote democracy and protect human rights in Syria:  
     Provided, That a portion of such funds should be programmed 
     in coordination with the Government of Turkey and other 
     governments in the region, as appropriate.

                   aircraft transfer and coordination

       Sec. 7040. (a) Transfer Authority.--Notwithstanding any 
     other provision of law or regulation, aircraft procured with 
     funds appropriated by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs under the headings 
     ``Diplomatic and Consular Programs'', ``International 
     Narcotics Control and Law Enforcement'', ``Andean Counterdrug 
     Initiative'' and ``Andean Counterdrug Programs'' may be used 
     for any other program and in any region, including for the 
     transportation of active and standby Civilian Response Corps 
     personnel and equipment during a deployment:  Provided, That 
     the responsibility for policy decisions and justification for 
     the use of such transfer authority shall be the 
     responsibility of the Secretary of State and the Deputy 
     Secretary of State and this responsibility shall not be 
     delegated.
       (b) Property Disposal.--The authority provided in 
     subsection (a) shall apply only after a determination by the 
     Secretary of State to the Committees on Appropriations that 
     the equipment is no longer required to meet programmatic 
     purposes in the designated country or region:  Provided, That 
     any such transfer shall be subject to prior consultation 
     with, and the regular notification procedures of, the 
     Committees on Appropriations.
       (c) Aircraft Coordination.--
       (1) The uses of aircraft purchased or leased by the 
     Department of State and the United States Agency for 
     International Development (USAID) with funds made available 
     in this Act or prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     shall be coordinated under the authority of the appropriate 
     Chief of Mission:  Provided, That such aircraft may be used 
     to transport, on a reimbursable or non-reimbursable basis, 
     Federal and non-Federal personnel supporting the Department 
     of State and USAID programs and activities:  Provided 
     further, That official travel for other agencies for other 
     purposes may be supported on a reimbursable basis, or without 
     reimbursement when traveling on a space available basis.
       (2) The requirement and authorities of this subsection 
     shall only apply to aircraft, the primary purpose of which is 
     the transportation of personnel.

                           western hemisphere

       Sec. 7041. (a) Central America and the Caribbean.--Funds 
     appropriated by this Act shall be made available for the 
     Central America Regional Security Initiative (CARSI) and for 
     the Caribbean Basin Security Initiative (CBSI) to strengthen 
     the capacity and professionalism of civilian law enforcement 
     and judicial institutions.
       (b) Colombia.--
       (1) Assistance.--
       (A) Funds appropriated by this Act and made available to 
     the Department of State for counter-narcotics or other law 
     enforcement assistance for the Government of Colombia may be 
     used to support a unified campaign against narcotics 
     trafficking and organizations designated as Foreign Terrorist 
     Organizations and successor organizations, and to take 
     actions to protect human health and welfare in emergency 
     circumstances, including undertaking rescue operations:  
     Provided, That no United States Armed Forces personnel or 
     United States civilian contractor employed by the United 
     States will participate in any combat operation in connection 
     with assistance made available by this Act for Colombia:  
     Provided further, That the President shall ensure that if any 
     helicopter procured with funds in this Act or prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs, is used to aid or abet the 
     operations of any illegal self-defense group, paramilitary 
     organization, illegal security cooperative or successor 
     organizations in Colombia, such helicopter shall be 
     immediately returned to the United States:  Provided further, 
     That none of the funds appropriated by this Act or prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs may be made available for 
     assistance for the Colombian Departamento Administrativo de 
     Seguridad (DAS) or successor organizations.
       (B) None of the funds appropriated by this Act under the 
     heading ``International Narcotics Control and Law 
     Enforcement'' that are available for assistance for Colombia 
     for the procurement of chemicals for aerial drug eradication 
     may be made available unless the Secretary of State certifies 
     to the Committees on Appropriations that any complaints of 
     harm to health or licit crops caused by such aerial 
     eradication are thoroughly investigated and evaluated, and 
     fair compensation is paid in a timely manner for meritorious 
     claims:  Provided further, That the Secretary shall submit a 
     report to the Committees on Appropriations not later than 6 
     months after enactment of this Act and 6 months thereafter 
     detailing the complaints made during the previous 6 months, 
     the investigations conducted, and the amount of compensation, 
     if any:  Provided further, That such funds may not be made 
     available for such purposes unless voluntary eradication 
     programs are not feasible and programs are being implemented 
     by the United States Agency for International Development, 
     the Government of Colombia, or other organizations, in 
     consultation and coordination with local communities, to 
     provide alternative sources of income in areas where security 
     permits for small-acreage growers and communities whose 
     illicit crops are targeted for aerial eradication:  Provided 
     further, That none of the funds appropriated by this Act for 
     assistance for Colombia shall be made available for the 
     cultivation or processing of African oil palm, if doing so 
     would contribute to significant loss of native species, 
     disrupt or contaminate natural water sources, reduce local 
     food security, or cause the forced displacement of local 
     people:  Provided further, That funds appropriated by this 
     Act may not be used for aerial drug eradication in Colombia's 
     national parks or reserves unless the Secretary of State 
     certifies to the Committees on Appropriations that there are 
     no effective alternatives and the eradication is in 
     accordance with Colombian laws.
       (2) Applicability of fiscal year 2009 provisions.--
       (A) In general.--Except as provided in paragraph (2), the 
     provisions of subsections (b) through (f) of section 7046 of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2009 (division H of Public Law 
     111-8), as amended by section 7046 (b)(2)(A) of division F of 
     Public Law 111-117, shall apply to funds appropriated or 
     otherwise made available by this Act for assistance for 
     Colombia.
       (B) Exceptions.--The following provisions of section 7046 
     of division H of Public Law 111-8 shall apply to funds 
     appropriated or otherwise made available by this Act for 
     assistance for Colombia as follows:
       (i) Subsection (b)(1)(B) is amended as follows:

       (I) By striking clause (i) and inserting the following:

       ``(i) 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 successor armed 
     groups; all such cases are promptly referred to civilian 
     jurisdiction for investigation and prosecution, and the 
     Colombian Armed Forces are no longer opposing civilian 
     judicial jurisdiction in such cases; and the Colombian Armed 
     Forces are cooperating fully with civilian prosecutors and 
     judicial authorities.''.

       (II) By striking clause (iv) and inserting the following:

       ``(iv) 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.''.

[[Page 17438]]

       (ii) Subsection (b)(2) shall be applied by substituting 
     ``July 31, 2012'' for the date contained therein;
       (iii) Subsection (c) shall be applied by substituting 
     ``September 30, 2012'' for the date contained therein; and
       (iv) Subsection (d)(1) shall be applied by substituting 
     ``fiscal year 2012'' for the fiscal year contained therein.
       (C) Report.--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 DAS, 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:  Provided, That to 
     the maximum extent possible the report shall be provided in 
     unclassified form, but may also include a classified annex.
       (c) Guatemala.--
       (1) Of the funds appropriated in this Act under the heading 
     ``International Narcotics Control and Law Enforcement'' not 
     less than $5,000,000 shall be made available for a United 
     States contribution to the International Commission Against 
     Impunity in Guatemala (CICIG).
       (2) Funds appropriated under the heading ``International 
     Military Education and Training'' (IMET) that are available 
     for assistance for the Guatemalan Army may only be made 
     available for expanded IMET.
       (3) None of the funds appropriated under the heading 
     ``Foreign Military Financing Program'' may be made available 
     for assistance for the Guatemalan Army, except that such 
     funds may be made available for the Army Corps of Engineers 
     only to improve disaster response capabilities and to 
     participate in international peacekeeping operations.
       (d) Haiti.--
       (1) The Government of Haiti shall be eligible to purchase 
     defense articles and services under the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
       (2) Funds appropriated under the heading ``Economic Support 
     Fund'' in this Act and prior Acts that are made available for 
     assistance for Haiti shall 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.
       (e) Honduras.--Funds appropriated by this Act that are 
     available for assistance for police forces in Honduras may 
     not be made available until the Secretary of State certifies 
     to the Committees on Appropriations that the Government of 
     Honduras is investigating, prosecuting, and punishing police 
     officers who have violated human rights and the Honduran 
     police are cooperating with civilian judicial authorities in 
     such cases.
       (f) Mexico.--Funds appropriated by this Act that are 
     available to support anti-crime and counter-narcotics efforts 
     in Mexico shall be made available to strengthen the capacity 
     of civilian law enforcement and judicial institutions.
       (g) Trade Capacity.--Of the funds appropriated by this Act, 
     not less than $10,000,000 under the heading ``Development 
     Assistance'' and not less than $10,000,000 under the heading 
     ``Economic Support Fund'' shall be made available for labor 
     and environmental capacity building activities relating to 
     free trade agreements with countries of Central America, Peru 
     and the Dominican Republic.

                                 serbia

       Sec. 7042. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of Serbia 
     after May 31, 2012, if the Secretary of State has submitted 
     the report required in subsection (c).
       (b) After May 31, 2012, the Secretary of the Treasury 
     should instruct the United States executive directors of the 
     international financial institutions to support loans and 
     assistance to the Government of Serbia subject to the 
     condition in subsection (c).
       (c) The report referred to in subsection (a) is a report by 
     the Secretary of State to the Committees on Appropriations 
     that the Government of Serbia is cooperating with the 
     International Criminal Tribunal for the former Yugoslavia, 
     including apprehending and transferring indictees and 
     providing investigators access to witnesses, documents, and 
     other information.
       (d) This section shall not apply to humanitarian assistance 
     or assistance to promote democracy.

                   community-based police assistance

       Sec. 7043. (a) Authority.--Funds made available by titles 
     III and IV of this Act to carry out the provisions of chapter 
     1 of part I and chapters 4 and 6 of part II of the Foreign 
     Assistance Act of 1961, may be used, notwithstanding section 
     660 of that Act, to enhance the effectiveness and 
     accountability of civilian police authority through training 
     and technical assistance in human rights, the rule of law, 
     anti-corruption, strategic planning, and through assistance 
     to foster civilian police roles that support democratic 
     governance including assistance for programs to prevent 
     conflict, respond to disasters, address sexual and gender-
     based violence, and foster improved police relations with the 
     communities they serve.
       (b) Notification.--Assistance provided under subsection (a) 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.

           prohibition of payments to united nations members

       Sec. 7044.  None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act for 
     carrying out the Foreign Assistance Act of 1961, may be used 
     to pay in whole or in part any assessments, arrearages, or 
     dues of any member of the United Nations or, from funds 
     appropriated by this Act to carry out chapter 1 of part I of 
     the Foreign Assistance Act of 1961, the costs for 
     participation of another country's delegation at 
     international conferences held under the auspices of 
     multilateral or international organizations.

                     war crimes tribunals drawdown

       Sec. 7045.  If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961 of up to $30,000,000 of 
     commodities and services for the United Nations War Crimes 
     Tribunal established with regard to the former Yugoslavia by 
     the United Nations Security Council or such other tribunals 
     or commissions as the Council may establish or authorize to 
     deal with such violations, without regard to the ceiling 
     limitation contained in paragraph (2) thereof:  Provided, 
     That the determination required under this section shall be 
     in lieu of any determinations otherwise required under 
     section 552(c):  Provided further, That funds made available 
     pursuant to this section shall be made available subject to 
     the regular notification procedures of the Committees on 
     Appropriations.

                              peacekeeping

       Sec. 7046. (a) Missions.--None of the funds appropriated or 
     otherwise made available by title I of this Act may be used 
     for any United Nations peacekeeping mission that will involve 
     United States Armed Forces under the command or operational 
     control of a foreign national, unless the President's 
     military advisors have submitted to the President a 
     recommendation that such involvement is in the national 
     interests of the United States and the President has 
     submitted to the Congress such a recommendation.
       (b) Assessment.--Section 404(b)(2)(B) of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995 (22 
     U.S.C. 287e note) is amended by adding the following at the 
     end:
       ``(vii) For assessments made during calendar year 2011 and 
     2012, 27.2 percent.''.

                attendance at international conferences

       Sec. 7047.  None of the funds made available in this Act 
     may be used to send or otherwise pay for the attendance of 
     more than 50 employees of agencies or departments of the 
     United States Government who are stationed in the United 
     States, at any single international conference occurring 
     outside the United States, unless the Secretary of State 
     reports to the Committees on Appropriations that such 
     attendance is important to the national interest:  Provided, 
     That for purposes of this section the term ``international 
     conference'' shall mean a conference attended by 
     representatives of the United States Government and of 
     foreign governments, international organizations, or 
     nongovernmental organizations.

               restrictions on united nations delegations

       Sec. 7048.  None of the funds made available under title I 
     of this Act may be used to pay expenses for any United States 
     delegation to any specialized agency, body, or commission of 
     the United Nations if such commission is chaired or presided 
     over by a country, the government of which the Secretary of 
     State has determined, for purposes of section 6(j)(1) of the 
     Export Administration Act of 1979 (50 U.S.C. App. 
     2405(j)(1)), supports international terrorism.

   parking fines and real property taxes owed by foreign governments

       Sec. 7049.  The terms and conditions of section 7055 of 
     division F of Public Law 111-117 shall apply to this Act:  
     Provided, That the date ``September 30, 2009'' in subsection 
     (f)(2)(B) shall be deemed to be ``September 30, 2011''.

                    landmines and cluster munitions

       Sec. 7050. (a) Landmines.--Notwithstanding any other 
     provision of law, demining equipment available to the United 
     States Agency for International Development and the 
     Department of State and used in support of the clearance of 
     landmines and unexploded ordnance for humanitarian purposes 
     may be disposed of on a grant basis in foreign countries, 
     subject to such terms and conditions as the Secretary of 
     State may prescribe.
       (b) Cluster Munitions.--No military assistance shall be 
     furnished for cluster munitions, no defense export license 
     for cluster munitions may be issued, and no cluster munitions 
     or cluster munitions technology shall be sold or transferred, 
     unless--
       (1) the submunitions of the cluster munitions, after 
     arming, do not result in more than 1 percent unexploded 
     ordnance across the range of intended operational 
     environments; and

[[Page 17439]]

       (2) the agreement applicable to the assistance, transfer, 
     or sale of such cluster munitions or cluster munitions 
     technology specifies that the cluster munitions will only be 
     used against clearly defined military targets and will not be 
     used where civilians are known to be present or in areas 
     normally inhabited by civilians.

                 prohibition on publicity or propaganda

       Sec. 7051.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of the 
     enactment of this Act by the Congress:  Provided, That not to 
     exceed $25,000 may be made available to carry out the 
     provisions of section 316 of Public Law 96-533.

                    limitation on residence expenses

       Sec. 7052.  Of the funds appropriated or made available 
     pursuant to title II of this Act, not to exceed $100,500 
     shall be for official residence expenses of the United States 
     Agency for International Development during the current 
     fiscal year:  Provided, That appropriate steps shall be taken 
     to assure that, to the maximum extent possible, United 
     States-owned foreign currencies are utilized in lieu of 
     dollars.

     united states agency for international development management

                     (including transfer of funds)

       Sec. 7053. (a) Authority.--Up to $93,000,000 of the funds 
     made available in title III of this Act to carry out the 
     provisions of part I of the Foreign Assistance Act of 1961, 
     including funds appropriated under the heading ``Assistance 
     for Europe, Eurasia and Central Asia'', may be used by the 
     United States Agency for International Development (USAID) to 
     hire and employ individuals in the United States and overseas 
     on a limited appointment basis pursuant to the authority of 
     sections 308 and 309 of the Foreign Service Act of 1980.
       (b) Restrictions.--
       (1) The number of individuals hired in any fiscal year 
     pursuant to the authority contained in subsection (a) may not 
     exceed 175.
       (2) The authority to hire individuals contained in 
     subsection (a) shall expire on September 30, 2013.
       (c) Conditions.--The authority of subsection (a) should 
     only be used to the extent that an equivalent number of 
     positions that are filled by personal services contractors or 
     other nondirect hire employees of USAID, who are compensated 
     with funds appropriated to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', are eliminated.
       (d) Priority Sectors.--In exercising the authority of this 
     section, primary emphasis shall be placed on enabling USAID 
     to meet personnel positions in technical areas currently 
     encumbered by contractor or other nondirect hire personnel.
       (e) Program Account Charged.--The account charged for the 
     cost of an individual hired and employed under the authority 
     of this section shall be the account to which such 
     individual's responsibilities primarily relate:  Provided, 
     That funds made available to carry out this section may be 
     transferred to, and merged with, funds appropriated by this 
     Act in title II under the heading ``Operating Expenses''.
       (f) Foreign Service Limited Extensions.--Individuals hired 
     and employed by USAID, with funds made available in this Act 
     or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs, pursuant to 
     the authority of section 309 of the Foreign Service Act of 
     1980, may be extended for a period of up to 4 years 
     notwithstanding the limitation set forth in such section.
       (g) Disaster Surge Capacity.--Funds appropriated under 
     title III of this Act to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', may be used, in addition to funds otherwise available 
     for such purposes, for the cost (including the support costs) 
     of individuals detailed to or employed by USAID whose primary 
     responsibility is to carry out programs in response to 
     natural or man-made disasters.
       (h) Technical Advisors.--Up to $13,500,000 of the funds 
     made available in title III of this Act for assistance under 
     the heading ``Global Health Programs'', may be used to 
     reimburse United States Government agencies, agencies of 
     State governments, institutions of higher learning, and 
     private and voluntary organizations for the full cost of 
     individuals (including for the personal services of such 
     individuals) detailed or assigned to, or contracted by USAID 
     for the purpose of carrying out activities under that 
     heading:  Provided, That up to $3,500,000 of the funds made 
     available by this Act for assistance under the heading 
     ``Development Assistance'' may be used to reimburse such 
     agencies, institutions, and organizations for such costs of 
     such individuals carrying out other development assistance 
     activities.
       (i) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be used by USAID to employ up to 
     40 personal services contractors in the United States, 
     notwithstanding any other provision of law, for the purpose 
     of providing direct, interim support for new or expanded 
     overseas programs and activities managed by the agency until 
     permanent direct hire personnel are hired and trained:  
     Provided, That not more than 10 of such contractors shall be 
     assigned to any bureau or office:  Provided further, That not 
     more than 15 of such contractors shall be for activities 
     related to USAID's Afghanistan or Pakistan programs:  
     Provided further, That such funds appropriated to carry out 
     title II of the Agricultural Trade Development and Assistance 
     Act of 1954, may be made available only for personal services 
     contractors assigned to the Office of Food for Peace.
       (j) Senior Foreign Service Limited Appointments.--
     Individuals hired pursuant to the authority provided by 
     section 7059(o) of division F of Public Law 111-117 may be 
     assigned to or support programs in Iraq, Afghanistan, or 
     Pakistan with funds made available in this Act and prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs.

                        global health activities

       Sec. 7054. (a) Funds appropriated by titles III and IV of 
     this Act that are made available for bilateral assistance for 
     global health activities including activities relating to 
     research on, and the prevention, treatment and control of, 
     HIV/AIDS may be made available notwithstanding any other 
     provision of law except for provisions under the heading 
     ``Global Health Programs'' and the United States Leadership 
     Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 
     Stat. 711; 22 U.S.C. 7601 et seq.), as amended:  Provided, 
     That of the funds appropriated under title III of this Act, 
     not less than $700,000,000 shall be made available for family 
     planning/reproductive health, including in areas where 
     population growth threatens biodiversity or endangered 
     species.
       (b) Not later than 90 days after enactment of this Act, the 
     Secretary of State, in consultation with the Administrator of 
     the United States Agency for International Development 
     (USAID) shall submit to the Committees on Appropriations a 
     report on any cost savings that could be achieved by 
     transitioning the function, role, and duties of the Office of 
     the United States Global AIDS Coordinator into USAID.
       (c) Not later than 90 days after enactment of this Act, the 
     Secretary of State, in consultation with the Administrator of 
     the United States Agency for International Development 
     (USAID) shall submit to the Committees on Appropriations a 
     report on the status of the Quadrennial Diplomacy and 
     Development Review (QDDR) decision to transition the 
     leadership of the Global Health Initiative (GHI) to USAID, to 
     include the following:
       (1) The metrics developed to measure progress towards 
     meeting each benchmark enumerated in Appendix 2 of the QDDR 
     and the method utilized to develop such metrics;
       (2) The status of, and estimated completion date for, 
     meeting each benchmark; and
       (3) An assessment of meeting the QDDR target date of 
     September 2012 for transition of GHI to USAID, and if such 
     assessment determines that the target date will not be met a 
     detailed explanation of why it will not be met and a revised 
     target date for the transition to be completed.
       (d) Notwithstanding any other provision of law, to include 
     minimum funding requirements or funding directives, funds 
     made available by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs may be made available to 
     respond to pandemic outbreaks, subject to prior consultation 
     with, and the regular notification procedures of, the 
     Committees on Appropriations.

                       development grants program

       Sec. 7055.  Of the funds appropriated in title III of this 
     Act, not less than $45,000,000 shall be made available for 
     the Development Grants Program established pursuant to 
     section 674 of the Department of State, Foreign Operations, 
     and Related Programs Appropriations Act, 2008 (division J of 
     Public Law 110-161), primarily for unsolicited proposals, to 
     support grants of not more than $2,000,000 to small 
     nongovernmental organizations:  Provided, That funds made 
     available under this section are in addition to other funds 
     available for such purposes including funds designated by 
     this Act by section 7063.

                  programs to promote gender equality

       Sec. 7056. (a) Programs funded under title III of this Act 
     shall include, where appropriate, efforts to improve the 
     status of women, including through gender considerations in 
     the planning, assessment, implementation, monitoring and 
     evaluation of such programs.
       (b) Funds appropriated under title III of this Act shall be 
     made available to support programs to expand economic 
     opportunities for poor women in developing countries, 
     including increasing the number and capacity of women-owned 
     enterprises, improving property rights for women, increasing 
     women's access to financial services and capital, enhancing 
     the role of women in economic decisionmaking at the local, 
     national and international levels, and improving women's 
     ability to participate in the global economy.

[[Page 17440]]

       (c) Funds appropriated under title III of this Act shall be 
     made available to increase political opportunities for women, 
     including strengthening protections for women's personal 
     status, increasing women's participation in elections, and 
     enhancing women's positions in government and role in 
     government decisionmaking.
       (d) Funds appropriated under in title III of this Act for 
     food security and agricultural development shall take into 
     consideration the unique needs of women, and technical 
     assistance for women farmers should be a priority.
       (e) The Secretary of State, in consultation with the heads 
     of other relevant Federal agencies, shall develop a National 
     Action Plan in accordance with United Nations Security 
     Council Resolution 1325 (adopted on October 31, 2000) to 
     ensure the United States effectively promotes and supports 
     the rights and roles of women in conflict-affected and post-
     conflict regions through clear, measurable commitments to--
       (1) promote the active and meaningful participation of 
     women in affected areas in all aspects of conflict 
     prevention, management, and resolution;
       (2) integrate the perspectives and interests of affected 
     women into conflict-prevention activities and strategies;
       (3) promote the physical safety, economic security, and 
     dignity of women and girls;
       (4) support women's equal access to aid distribution 
     mechanisms and services; and
       (5) monitor, analyze and evaluate implementation efforts 
     and their impact.
       (f) The Department of State and the United States Agency 
     for International Development shall fully integrate gender 
     into all diplomatic and development efforts through the 
     inclusion of gender in strategic planning and budget 
     allocations, and the development of indicators and evaluation 
     mechanisms to measure the impact of United States policies 
     and programs on women and girls in foreign countries.

                         gender-based violence

       Sec. 7057. (a) Funds appropriated under the headings 
     ``Global Health Programs'', ``Development Assistance'', 
     ``Economic Support Fund'', and ``International Narcotics 
     Control and Law Enforcement'' in this Act shall be made 
     available for sexual and gender-based violence prevention and 
     response efforts, and funds appropriated under the headings 
     ``International Disaster Assistance'', ``Complex Crises 
     Fund'' and ``Migration and Refugee Assistance'' should be 
     made available for such efforts.
       (b) Programs and activities funded under titles III and IV 
     of this Act to train foreign police, judicial, and military 
     personnel, including for international peacekeeping 
     operations, shall address, where appropriate, prevention and 
     response to sexual and gender-based violence and trafficking 
     in persons.
       (c) Not later than 180 days after enactment of this Act, 
     the Secretary of State and the Administrator of the United 
     States Agency for International Development shall jointly 
     submit to the Committees on Appropriations a multi-year 
     strategy to prevent and respond to violence against women and 
     girls in countries where it is common:  Provided, That the 
     strategy should reflect the input of local women's 
     organizations in such countries and include achievable and 
     sustainable goals, benchmarks for measuring progress, and 
     expected results:  Provided further, That the strategy should 
     include regular engagement with men and boys as community 
     leaders and advocates in ending violence against women and 
     girls.

                        reconciliation programs

       Sec. 7058.  Of the funds appropriated by title III of this 
     Act under the headings ``Economic Support Fund'' and 
     ``Development Assistance'', $26,000,000 shall be made 
     available to support people to people reconciliation programs 
     which bring together individuals of different ethnic, 
     religious and political backgrounds from areas of civil 
     strife and war, of which $10,000,000 shall be made available 
     for such programs in the Middle East:  Provided, That the 
     Administrator of the United States Agency for International 
     Development shall consult with the Committees on 
     Appropriations, prior to the initial obligation of funds, on 
     the uses of such funds.

                         requests for documents

       Sec. 7059.  None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act shall 
     be available to a nongovernmental organization, including any 
     contractor, which fails to provide upon timely request any 
     document, file, or record necessary to the auditing 
     requirements of the United States Agency for International 
     Development.

                     prohibition on use of torture

       Sec. 7060. (a) None of the funds made available in this Act 
     may be used to support or justify the use of torture, cruel 
     or inhumane treatment by any official or contract employee of 
     the United States Government.
       (b) Not later than 90 days after enactment of this Act, the 
     Secretary of State shall submit to the Committees on 
     Appropriations a report identifying those countries receiving 
     United States assistance from funds appropriated by this Act 
     whose police, military, or other security forces have been 
     credibly alleged to use torture, as determined by the 
     Assistant Secretary of State for Democracy, Human Rights and 
     Labor based on the Department of State's most recent Human 
     Rights Report and other relevant information.
       (c) Funds appropriated by this Act to carry out the 
     provisions of chapters 1, 10, 11, and 12 of part I and 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     and the Support for East European Democracy (SEED) Act of 
     1989, shall be made available, notwithstanding section 660 of 
     the Foreign Assistance Act of 1961, for assistance to 
     eliminate torture by foreign police, military or other 
     security forces in countries identified in the report 
     required in subsection (b).

                                 africa

       Sec. 7061. (a) Conflict Minerals.--
       (1) None of the funds appropriated by this Act under the 
     heading ``Foreign Military Financing Program'' may be made 
     available for assistance for Rwanda or Uganda if the 
     Secretary of State has credible evidence that the Government 
     of Rwanda or the Government of Uganda is providing political, 
     military or financial support to armed groups in the 
     Democratic Republic of the Congo (DRC) that are involved in 
     the illegal exportation of minerals out of the DRC or have 
     violated human rights.
       (2) The restriction in paragraph (1) shall not apply to 
     assistance to improve border controls to prevent the illegal 
     exportation of minerals out of the DRC by such groups, to 
     protect relief efforts, or to support the training and 
     deployment of members of the Rwandan or Ugandan militaries in 
     international peacekeeping operations.
       (b) Counter-terrorism Programs.--
       (1) Of the funds appropriated by this Act, not less than 
     $52,800,000 should be made available for the Trans-Sahara 
     Counter-terrorism Partnership program, and not less than 
     $21,300,000 should be made available for the Partnership for 
     Regional East Africa Counter-terrorism program.
       (2) In addition to such sums that may otherwise be made 
     available, of the funds appropriated by this Act under the 
     heading ``Economic Support Fund'', $10,000,000 shall be made 
     available for programs to counter extremism in East Africa.
       (3) Not later than 90 days after enactment of this Act, the 
     Secretary of State, in consultation with the Secretary of 
     Defense, shall submit a report to the Committees on 
     Appropriations detailing--
       (A) the United States Government's multi-year strategy for 
     combating terrorism in Africa;
       (B) the amount of funding provided, by account, to 
     implement such a strategy, and a brief description of 
     counter-terrorism programs implemented on a country-by-
     country basis;
       (C) the mechanisms for coordinating such assistance between 
     the Department of State, the United States Agency for 
     International Development, and the Department of Defense, 
     between the United States Government and other international 
     donors, and between the United States Government and 
     respective host governments; and
       (D) the benchmarks for measuring the strengths and 
     weaknesses in implementing such strategy.
       (c) Crisis Response.--Notwithstanding any other provision 
     of law, up to $15,000,000 of the funds appropriated by this 
     Act under the heading ``Global Health Programs'' for HIV/AIDS 
     activities may be transferred to, and merged with, funds 
     appropriated under the headings ``Complex Crises Fund'', 
     ``International Disaster Assistance'', ``Economic Support 
     Fund'', and ``Migration and Refugee Assistance'' to respond 
     to unanticipated crises in Africa, except that funds shall 
     not be transferred unless the Secretary of State certifies to 
     the Committees on Appropriations that no individual currently 
     on anti-retroviral therapy supported by such funds shall be 
     negatively impacted by the transfer of such funds:  Provided, 
     That the authority of this subsection shall be subject to 
     prior consultation with the Committees on Appropriations.
       (d) Expanded International Military Education and 
     Training.--
       (1) Funds appropriated under the heading ``International 
     Military Education and Training'' (IMET) in this Act that are 
     made available for assistance for Angola, Cameroon, Central 
     African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe 
     may be made available only for expanded IMET.
       (2) None of the funds appropriated under the heading 
     ``International Military Education and Training'' in this Act 
     may be made available for assistance for Equatorial Guinea or 
     Somalia.
       (e) Ethiopia.--
       (1) Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' that are available for 
     assistance for Ethiopia shall not be made available unless 
     the Secretary of State--
       (A) certifies to the Committees on Appropriations that the 
     Government of Ethiopia is implementing policies to respect 
     due process and freedoms of expression and association, and 
     is permitting access to human rights and humanitarian 
     organizations to the Somalia region of Ethiopia; and
       (B) submits a report to such Committees on the types and 
     amounts of United States training and equipment proposed to 
     be provided to the Ethiopian military including

[[Page 17441]]

     steps that will be taken to ensure that such assistance is 
     not provided to military units or personnel that have 
     violated human rights, and steps taken by the Government of 
     Ethiopia to investigate and prosecute members of the 
     Ethiopian military who have been credibly alleged to have 
     violated such rights.
       (2) The restriction in paragraph (1) shall not apply to 
     assistance to Ethiopian military efforts in support of 
     international peacekeeping operations and for assistance to 
     the Ethiopian Defense Command and Staff College.
       (f) The Gambia.--The Secretary of the Treasury shall 
     instruct the United States executive directors of the 
     international financial institutions to vote against any 
     loan, agreement, or other financial support for the Gambia, 
     except to meet basic human needs, unless the Secretary of 
     State certifies to the Committees on Appropriations that the 
     Government of the Gambia is taking effective steps to release 
     and account for political prisoners.
       (g) Kenya.--Funds appropriated by this Act under the 
     heading ``Foreign Military Financing Program'' that are 
     available for assistance for Kenya should not be made 
     available unless a thorough, credible investigation has been 
     conducted of alleged crimes by Kenyan soldiers at Mount Elgon 
     in March 2008, and the responsible individuals are being 
     brought to justice.
       (h) Sudan Limitation on Assistance.--
       (1) Subject to paragraph (2):
       (A) Notwithstanding any other provision of law, none of the 
     funds appropriated by this Act may be made available for 
     assistance for the Government of Sudan unless the Secretary 
     of State certifies to the Committees on Appropriations that 
     such government--
       (i) has lifted the state of emergency in Darfur;
       (ii) is cooperating with and participating in good faith in 
     an internationally recognized peace process for Darfur;
       (iii) is permitting access and freedom of movement for the 
     United Nations/African Union Hybrid Mission in Darfur and the 
     delivery of humanitarian assistance in Darfur, and is 
     respecting international humanitarian law;
       (iv) is not engaging in provocative military operations 
     within Sudan or cross-border destabilization; and
       (v) has reached a mutually acceptable agreement with the 
     Republic of South Sudan regarding the status of Abyei and 
     other outstanding issues related to implementation of the 
     Comprehensive Peace Agreement (CPA), including matters 
     related to oil revenues and the transit of oil.
       (B) None of the funds appropriated by this Act may be made 
     available for the cost, as defined in section 502, of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees held by the Government of Sudan, including the 
     cost of selling, reducing, or canceling amounts owed to the 
     United States, and modifying concessional loans, guarantees, 
     and credit agreements.
       (2) The limitations of paragraph (1) shall not apply to--
       (A) humanitarian assistance;
       (B) assistance for the Darfur region, Southern Kordofan, 
     Blue Nile, White Nile, Sennar, other marginalized areas in 
     Sudan, and the Abyei area; and
       (C) assistance to support implementation of the CPA, 
     mutually agreed upon arrangements related to post-referendum 
     issues associated with the CPA, or to promote peace and 
     stability between Sudan and the Republic of South Sudan, or 
     any other internationally recognized viable peace agreement 
     in Sudan.
       (i) South Sudan.--
       (1) Funds appropriated by this Act should be made available 
     for assistance for South Sudan including to increase 
     agricultural productivity, expand educational opportunities 
     especially for girls, strengthen democratic institutions and 
     the rule of law, and enhance the capacity of the Federal 
     Legislative Assembly to conduct oversight over government 
     revenues and expenditures.
       (2) Not less than 15 days prior to the obligation of funds 
     appropriated by this Act that are available for assistance 
     for the Government of South Sudan, the Secretary of State 
     shall submit a report to the Committees on Appropriations 
     detailing the extent to which the Government of South Sudan 
     is--
       (A) supporting freedom of expression, the establishment of 
     democratic institutions including an independent judiciary, 
     parliament, and security forces that are accountable to 
     civilian authority; and
       (B) investigating and punishing members of security forces 
     who have violated human rights.
       (3) The Secretary of State shall seek to obtain regular 
     audits of the financial accounts of the Government of South 
     Sudan to ensure transparency and accountability of funds, 
     including revenues from the extraction of oil and gas, and 
     the timely, public disclosure of such audits:  Provided, That 
     the Secretary should assist the Government of South Sudan in 
     conducting such audits, and by providing technical assistance 
     to enhance the capacity of the National Auditor Chamber to 
     carry out its responsibilities, and shall submit a report not 
     later than 90 days after enactment of this Act to the 
     Committees on Appropriations detailing the steps that will be 
     taken by the Government of South Sudan, which are additional 
     to those taken in the previous fiscal year, to improve 
     natural resource management and ensure transparency and 
     accountability of funds.
       (j) Uganda.--Of the funds appropriated by this Act under 
     the headings ``Development Assistance'' and ``International 
     Narcotics Control and Law Enforcement'', not less than 
     $1,000,000 shall be made available to improve physical 
     access, telecommunications infrastructure, and early-warning 
     mechanisms in areas affected by the Lord's Resistance Army 
     (LRA), and not less than $1,000,000 shall be made available 
     to support the disarmament, demobilization and reintegration 
     of former LRA combatants, especially child soldiers.
       (k) War Crimes in Africa.--
       (1) The Congress reaffirms its support for the efforts of 
     the International Criminal Tribunal for Rwanda (ICTR) and the 
     Special Court for Sierra Leone (SCSL) to bring to justice 
     individuals responsible for war crimes and crimes against 
     humanity in a timely manner.
       (2) Funds appropriated by this Act, including funds for 
     debt restructuring, may be made available for assistance for 
     the central government of a country in which individuals 
     indicted by the ICTR and the SCSL are credibly alleged to be 
     living, if the Secretary of State determines and reports to 
     the Committees on Appropriations that such government is 
     cooperating with the ICTR and the SCSL, including the 
     apprehension, surrender, and transfer of indictees in a 
     timely manner:  Provided, That this subsection shall not 
     apply to assistance provided under section 551 of the Foreign 
     Assistance Act of 1961 or to project assistance under title 
     VI of this Act:  Provided further, That the United States 
     shall use its voice and vote in the United Nations Security 
     Council to fully support efforts by the ICTR and the SCSL to 
     bring to justice individuals indicted by such tribunals in a 
     timely manner.
       (3) The prohibition in paragraph (2) may be waived on a 
     country-by-country basis if the President determines that 
     doing so is in the national security interest of the United 
     States:  Provided, That prior to exercising such waiver 
     authority, the President shall submit a report to the 
     Committees on Appropriations, in classified form if 
     necessary, on--
       (A) the steps being taken to obtain the cooperation of the 
     government in apprehending and surrendering the indictee in 
     question to the court of jurisdiction;
       (B) a strategy, including a timeline, for bringing the 
     indictee before such court; and
       (C) the justification for exercising the waiver authority.
       (l) Zimbabwe.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive director of each international financial 
     institution to vote against any extension by the respective 
     institution of any loans or grants to the Government of 
     Zimbabwe, except to meet basic human needs or to promote 
     democracy, unless the Secretary of State determines and 
     reports in writing to the Committees on Appropriations that 
     the rule of law has been restored in Zimbabwe, including 
     respect for ownership and title to property, freedom of 
     speech and association.
       (2) None of the funds appropriated by this Act shall be 
     made available for assistance for the central Government of 
     Zimbabwe, except for health, education, and macroeconomic 
     growth assistance, unless the Secretary of State makes the 
     determination required in paragraph (1).

                                  asia

       Sec. 7062. (a) Tibet.--
       (1) The Secretary of the Treasury should instruct the 
     United States executive director of each international 
     financial institution to use the voice and vote of the United 
     States to support projects in Tibet if such projects do not 
     provide incentives for the migration and settlement of non-
     Tibetans into Tibet or facilitate the transfer of ownership 
     of Tibetan land and natural resources to non-Tibetans; are 
     based on a thorough needs-assessment; foster self-sufficiency 
     of the Tibetan people and respect Tibetan culture and 
     traditions; and are subject to effective monitoring.
       (2) Notwithstanding any other provision of law, not less 
     than $7,500,000 of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'' should be made 
     available to nongovernmental organizations to support 
     activities which preserve cultural traditions and promote 
     sustainable development and environmental conservation in 
     Tibetan communities in the Tibetan Autonomous Region and in 
     other Tibetan communities in China.
       (b) Burma.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive directors of the international financial 
     institutions to vote against any loan, agreement, or other 
     financial support for Burma.
       (2) Funds appropriated by this Act may be made available 
     for assistance for Burma notwithstanding any other provision 
     of law, except no such funds shall be made available to the 
     State Peace and Development Council, or its successor, and 
     its affiliated organizations:  Provided, That such funds 
     shall be made available to support programs in

[[Page 17442]]

     Burma, along Burma's borders, and for Burmese groups and 
     organizations located outside Burma:  Provided further, That 
     not less than $5,000,000 shall be made available for 
     community-based organizations operating in Thailand to 
     provide food, medical, and other humanitarian assistance to 
     internally displaced persons in eastern Burma, in addition to 
     assistance for Burmese refugees appropriated under the 
     heading ``Migration and Refugee Assistance'' in this Act:  
     Provided further, That any new program or activity initiated 
     with funds made available by this Act shall be subject to 
     prior consultation with the Committees on Appropriations, and 
     all such funds shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c) Cambodia.--Funds made available in this Act for a 
     United States contribution to a Khmer Rouge tribunal may only 
     be made available if the Secretary of State certifies to the 
     Committees on Appropriations that the United Nations and the 
     Government of Cambodia are taking effective steps to address 
     allegations of corruption and mismanagement within the 
     tribunal.
       (d) Indonesia.--
       (1) Of the funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' that are available for 
     assistance for Indonesia, $2,000,000 may not be obligated 
     until the Secretary of State submits to the Committees on 
     Appropriations the report on Indonesia required under such 
     heading in the report accompanying this Act.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'' that are available for assistance 
     for Indonesia, not less than $400,000 should be made 
     available for grants for capacity building of Indonesian 
     human rights organizations, including in Papua.
       (e) People's Republic of China.--
       (1) None of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' in this Act may be 
     obligated or expended for processing licenses for the export 
     of satellites of United States origin (including commercial 
     satellites and satellite components) to the People's Republic 
     of China unless, at least 15 days in advance, the Committees 
     on Appropriations are notified of such proposed action.
       (2) The terms and requirements of section 620(h) of the 
     Foreign Assistance Act of 1961 shall apply to foreign 
     assistance projects or activities of the People's Liberation 
     Army (PLA) of the People's Republic of China, to include such 
     projects or activities by any entity that is owned or 
     controlled by, or an affiliate of, the PLA:  Provided, That 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act may be used to finance any grant, 
     contract, or cooperative agreement with the PLA, or any 
     entity that the Secretary of State has reason to believe is 
     owned or controlled by, or an affiliate of, the PLA.
       (3) Notwithstanding any other provision of law and subject 
     to prior consultation with, and the regular notification 
     procedures of, the Committees on Appropriations, of the funds 
     appropriated under the heading ``Economic Support Fund'', not 
     less than $20,000,000 shall be made available to United 
     States institutions of higher education and nongovernmental 
     organizations for programs and activities in the People's 
     Republic of China relating to democracy, governance, rule of 
     law, and the environment.
       (f) Philippines.--Of the funds appropriated by this Act 
     under the heading ``Foreign Military Financing Program'' that 
     are available for assistance for the Philippines, $3,000,000 
     may not be obligated until the Secretary of State submits to 
     the Committees on Appropriations the report on the 
     Philippines required under such heading in the report 
     accompanying this Act.
       (g) Timor-Leste.--Of the funds appropriated by this Act 
     under the heading ``Economic Support Fund'', not less than 
     $1,000,000 shall be made available for higher education 
     scholarships in Timor-Leste.
       (h) Vietnam.--Of the funds appropriated under the heading 
     ``Economic Support Fund'', not less than $15,000,000 shall be 
     made available for remediation of dioxin contaminated sites 
     in Vietnam and may be made available for assistance for the 
     Government of Vietnam, including the military, for such 
     purposes, and not less than $5,000,000 under the heading 
     ``Development Assistance'' shall be made available for 
     related health/disability activities.

             independent states of the former soviet union

       Sec. 7063. (a) None of the funds appropriated under the 
     heading ``Assistance for Europe, Eurasia and Central Asia'' 
     may be made available for assistance for a government of an 
     Independent State of the former Soviet Union if that 
     government directs any action in violation of the territorial 
     integrity or national sovereignty of any other Independent 
     State of the former Soviet Union, such as those violations 
     included in the Helsinki Final Act, unless the Secretary of 
     State determines that to do so is in the national security 
     interests of the United States.
       (b) Funds appropriated under the heading ``Assistance for 
     Europe, Eurasia and Central Asia'' for the Russian 
     Federation, Armenia, Azerbaijan, Kazakhstan, and Uzbekistan 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (c) Section 907 of the FREEDOM Support Act shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201 or nonproliferation assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.

                              central asia

       Sec. 7064.  The terms and conditions of sections 7075(a) 
     through (d) and 7076(a) through (e) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2009 (division H of Public Law 111-8) 
     shall apply to funds appropriated by this Act, except that 
     the Secretary of State may waive the application of section 
     7076(a) for a period of not more than 6 months and every 6 
     months thereafter until September 30, 2013, if the Secretary 
     certifies to the Committees on Appropriations that the waiver 
     is in the national security interest and necessary to obtain 
     access to and from Afghanistan for the United States, and the 
     waiver includes an assessment of progress, if any, by the 
     Government of Uzbekistan in meeting the requirements in 
     section 7076(a):  Provided, That the Secretary of State, in 
     consultation with the Secretary of Defense, shall submit a 
     report to the Committees on Appropriations not later than 180 
     days after enactment of this Act and 12 months thereafter, on 
     all United States Government assistance provided to the 
     Government of Uzbekistan and expenditures made in support of 
     the Northern Distribution Network in Uzbekistan, including 
     any credible information that such assistance or expenditures 
     are being diverted for corrupt purposes:  Provided further, 
     That information provided in the report required by the 
     previous proviso may be provided in a classified annex and 
     such annex shall indicate the basis for such classification:  
     Provided further, That for the purposes of the application of 
     section 7075(c) to this Act, the report shall be submitted 
     not later than October 1, 2012 and for the purposes of the 
     application of section 7076(e) to this Act, the term 
     ``assistance'' shall not include expanded international 
     military education and training.

                               south asia

       Sec. 7065. (a) Afghanistan.--
       (1) Limitation.--None of the funds appropriated or 
     otherwise made available by this Act under the headings 
     ``Economic Support Fund'' and ``International Narcotics 
     Control and Law Enforcement'' may be obligated for assistance 
     for the Government of Afghanistan until the Secretary of 
     State, in consultation with the Administrator of the United 
     States Agency for International Development (USAID), 
     certifies and reports to the Committees on Appropriations 
     that--
       (A) The funds will be used to support programs and 
     activities that can be sustained by Afghan national, 
     provincial or local governments.
       (B) The Government of Afghanistan is--
       (i) reducing corruption and improving governance, including 
     by investigating, prosecuting, sanctioning and/or removing 
     corrupt officials from office and implementing financial 
     transparency and accountability measures for government 
     institutions and officials (including the Central Bank) as 
     well as conducting oversight of public resources; and
       (ii) taking credible steps to protect the human rights of 
     Afghan women.
       (C) Funds will be used to support and strengthen the 
     capacity of Afghan public and private institutions and 
     entities to reduce corruption and to improve transparency and 
     accountability of national, provincial and local governments.
       (D) Representatives of Afghan national, provincial or local 
     governments, and local communities and civil society 
     organizations, including women-led organizations, will be 
     consulted and participate in the design of programs, 
     projects, and activities, including participation in 
     implementation and oversight, and the development of specific 
     benchmarks to measure progress and outcomes.
       (2) Direct government-to-government assistance.--
       (A) Funds appropriated or otherwise made available by this 
     Act for assistance for Afghanistan may not be made available 
     for direct government-to-government assistance unless the 
     Secretary of State certifies to the Committees on 
     Appropriations that the relevant Afghan implementing agency 
     has been assessed and considered qualified to manage such 
     funds and the Government of the United States and the 
     Government of Afghanistan have agreed, in writing, to 
     achievable and

[[Page 17443]]

     sustainable goals, benchmarks for measuring progress, and 
     expected results for the use of such funds, and have 
     established mechanisms within each implementing agency to 
     ensure that such funds are used for the purposes for which 
     they were intended:  Provided, That the assessment procedures 
     of the Department of State and USAID shall be standardized 
     and provide reasonable assurance of detecting significant 
     vulnerabilities that could result in the waste or misuse of 
     United States funds:  Provided further, That the Secretary of 
     State should suspend any direct government-to-government 
     assistance to an implementing agency if the Secretary has 
     credible information of misuse of such funds by any such 
     agency:  Provided further, That any such assistance shall be 
     subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.
       (B) Funds appropriated or otherwise made available by this 
     Act for assistance for Afghanistan may be made available as a 
     United States contribution to the Afghanistan Reconstruction 
     Trust Fund (ARTF) unless the Secretary of State determines 
     and reports to the Committees on Appropriations that the 
     World Bank Monitoring Agent of the ARTF is unable to conduct 
     its financial control and audit responsibilities due to 
     restrictions on security personnel by the Government of 
     Afghanistan.
       (3) Assistance and operations.--
       (A) Funds appropriated under the headings ``Economic 
     Support Fund'' and ``International Narcotics Control and Law 
     Enforcement'' in this Act that are available for assistance 
     for Afghanistan--
       (i) shall be made available, to the maximum extent 
     practicable, in a manner that emphasizes the participation of 
     Afghan women, and directly improves the security, economic 
     and social well-being, and political status, and protects the 
     rights of, Afghan women and girls and complies with sections 
     7056 and 7057 of this Act, including support for the Afghan 
     Independent Human Rights Commission, the Afghan Ministry of 
     Women's Affairs, and women-led organizations.
       (ii) may be made available for a United States contribution 
     to an internationally managed fund to support the 
     reconciliation with and disarmament, demobilization and 
     reintegration into Afghan society of former combatants who 
     have renounced violence against the Government of 
     Afghanistan:  Provided, That funds may be made available to 
     support reconciliation and reintegration activities only if:

       (I) Afghan women are participating at national, provincial 
     and local levels of government in the design, policy 
     formulation and implementation of the reconciliation or 
     reintegration process, and such process upholds steps taken 
     by the Government of Afghanistan to protect the human rights 
     of Afghan women; and
       (II) such funds will not be used to support any pardon or 
     immunity from prosecution, or any position in the Government 
     of Afghanistan or security forces, for any leader of an armed 
     group responsible for crimes against humanity, war crimes, or 
     acts of terrorism;

       (iii) may be made available for a United States 
     contribution to the North Atlantic Treaty Organization/
     International Security Assistance Force Post-Operations 
     Humanitarian Relief Fund; and
       (iv) may be made available, notwithstanding any provision 
     of law that restricts assistance to foreign countries, for 
     cross border stabilization and development programs between 
     Afghanistan and Pakistan or between either country and the 
     Central Asian republics.
       (B) The authority contained in section 1102(c) of Public 
     Law 111-32 shall continue in effect during fiscal year 2012 
     and shall apply as if part of this Act.
       (C)(i) Of the funds appropriated by this Act that are made 
     available for assistance for Afghanistan, not less than 
     $75,000,000 shall be made available for rule of law programs: 
      Provided, That decisions on the uses of such funds shall be 
     the responsibility of the Coordinator for Rule of Law, in 
     consultation with the Interagency Planning and Implementation 
     Team, at the United States Embassy in Kabul, Afghanistan:  
     Provided further, That $250,000 of such funds shall be 
     transferred to, and merged with, funds appropriated under the 
     heading ``Office of Inspector General'' in title I of this 
     Act for oversight of such programs and activities.
       (ii) The Coordinator for Rule of Law at the United States 
     Embassy in Kabul, Afghanistan shall be consulted on the use 
     of all funds appropriated by this Act for rule of law 
     programs in Afghanistan.
       (D) None of the funds made available by this Act may be 
     used by the United States Government to enter into a 
     permanent basing rights agreement between the United States 
     and Afghanistan.
       (E) Any significant modification to the scope, objectives 
     or implementation mechanisms of United States assistance 
     programs in Afghanistan shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations, except that the prior 
     consultation requirement may be waived in a manner consistent 
     with section 7015(e) of this Act.
       (F) None of the funds appropriated by this Act under the 
     heading ``Economic Support Fund'' may be made available for 
     transportation infrastructure in Afghanistan unless the 
     Secretary of State reports to the Committees on 
     Appropriations that the Government of Afghanistan has 
     established a standardized rail gauge consistent with that 
     utilized by Central Asian states, including Uzbekistan:  
     Provided, That the Secretary of State may waive the 
     requirement of this paragraph if the Secretary of State 
     reports to the Committees on Appropriations that to do so is 
     important to the national security interests of the United 
     States.
       (G) Not later than 90 days after enactment of this Act, the 
     Secretary of State shall report to the Committees on 
     Appropriations whether an International Monetary Fund (IMF) 
     country program for Afghanistan has been established:  
     Provided, That if such program has not been established by 
     that date, the report required by this paragraph shall 
     include specific actions requested by the IMF, and taken by 
     the Government of Afghanistan, to address the Kabul Bank 
     crisis and restore confidence in Afghanistan's banking 
     sector.
       (4) Oversight.--
       (A) The Special Inspector General for Afghanistan 
     Reconstruction, the Inspector General of the Department of 
     State and the Inspector General of USAID, shall jointly 
     develop and submit to the Committees on Appropriations within 
     45 days of enactment of this Act a coordinated audit and 
     inspection plan of United States assistance for, and civilian 
     operations in, Afghanistan.
       (B) The USAID Administrator should provide for independent, 
     transparent evaluations of assistance programs and activities 
     in Afghanistan which exceed $25,000,000.
       (b) Nepal.--
       (1) Funds appropriated by this Act under the headings 
     ``Foreign Military Financing Program'' and ``Peacekeeping 
     Operations'' may be made available for assistance for Nepal 
     only if the Secretary of State certifies to the Committees on 
     Appropriations that the Nepal Army is--
       (A) cooperating fully with investigations and prosecutions 
     by civilian judicial authorities of violations of human 
     rights; and
       (B) working constructively to redefine the Nepal Army's 
     mission and adjust its size accordingly, implement reforms 
     including strengthening the capacity of the civilian ministry 
     of defense to improve budget transparency and accountability, 
     and facilitate the integration of former rebel combatants 
     into the security forces including the Nepal Army, consistent 
     with the goals of reconciliation, peace and stability.
       (2) The conditions in paragraph (1) shall not apply to 
     assistance for humanitarian relief and reconstruction 
     activities in Nepal.
       (c) Pakistan.--
       (1) Direct government-to-government assistance.--Funds 
     appropriated by this Act for assistance for Pakistan may be 
     made available for direct government-to-government assistance 
     only if the Secretary of State certifies to the Committees on 
     Appropriations that the Government of the United States and 
     the Government of Pakistan have agreed, in writing, to 
     achievable and sustainable goals, benchmarks for measuring 
     progress, and expected results for the use of such funds, and 
     have established mechanisms within each implementing agency 
     to ensure that such funds are used for the purposes for which 
     they were intended:  Provided, That the Secretary of State 
     should suspend any direct government-to-government assistance 
     to an implementing agency if the Secretary has credible 
     information of misuse of such funds by any such agency:  
     Provided further, That funds made available pursuant to this 
     subparagraph shall be subject to prior consultation with, and 
     the regular notification procedures of, the Committees on 
     Appropriations.
       (2) Infrastructure projects.--Funds appropriated under the 
     heading ``Economic Support Fund'' in this Act that are made 
     available for assistance for infrastructure projects in 
     Pakistan shall be implemented in a manner consistent with 
     section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
       (3) Military assistance.--Funds appropriated by this Act 
     under the headings ``Foreign Military Financing Program'' and 
     ``Pakistan Counter-insurgency Capability Fund'' that are 
     available for assistance for Pakistan may be made available 
     only to support counter-terrorism and counter-insurgency 
     operations in Pakistan, and are subject to section 620M of 
     the Foreign Assistance Act of 1961, as amended by this Act.
       (4) Certification and report.--
       (A) Certification.--
       (i) Prior to the obligation of funds in titles III and IV 
     and under the heading ``Pakistan Counter-Insurgency 
     Capability Fund'' in this Act for assistance for the 
     Government of Pakistan, the Secretary of State shall certify 
     to the Committees on Appropriations that the Government of 
     Pakistan is--

       (I) cooperating with the United States in efforts against 
     the Haqqani Network, the Quetta Shura Taliban, Lashkar e-
     Tayyiba, Al Qaeda and other domestic and foreign terrorist 
     organizations, including taking steps to end support for such 
     groups and prevent them from operating in Pakistan and 
     carrying out cross border attacks into neighboring countries;
       (II) not impeding the issuance of visas for United States 
     visitors engaged in counterterrorism efforts and assistance 
     programs, in Pakistan; and

[[Page 17444]]

       (III) providing humanitarian organizations access to 
     detainees, internally displaced persons, and other Pakistani 
     civilians affected by the conflict.

       (ii) The Secretary of State may waive the requirements of 
     paragraph (i) if to do so is in the national security 
     interests of the United States.
       (B) Report.--The spend plan required by section 7083 of 
     this Act for assistance for Pakistan shall include achievable 
     and sustainable goals, benchmarks for measuring progress, and 
     expected results regarding furthering the development of 
     Pakistan, countering extremism, and establishing conditions 
     conducive to the rule of law and accountable governance:  
     Provided, That not later than 6 months after submission of 
     such spend plan, and each 6 months thereafter until September 
     30, 2013, the Secretary of State shall submit a report on the 
     status of achieving the goals and benchmarks in the spend 
     plan:  Provided further, That the Secretary of State should 
     suspend assistance for the Government of Pakistan if any such 
     report indicates that Pakistan is failing to make measurable 
     progress in meeting any such goal or benchmark.
       (5) Precursor chemicals.--Funds appropriated under the 
     heading ``Economic Support Fund'' that are available for 
     assistance for Pakistan should be made available to stop the 
     flow of precursor materials used to manufacture Improvised 
     Explosive Devices, including calcium ammonium nitrate, from 
     Pakistan to Afghanistan, including programs to train border 
     and customs officials in Pakistan and Afghanistan as well as 
     agricultural extension programs that encourage alternative 
     fertilizers among Pakistani farmers.
       (6) Human rights and democracy.--Of the funds appropriated 
     under the heading ``Economic Support Fund'' in this Act for 
     assistance for Pakistan $5,000,000 shall be made available 
     through the Bureau of Democracy, Human Rights and Labor, 
     Department of State, for human rights and democracy programs 
     in Pakistan, including training of government officials and 
     security forces, and assistance for human rights 
     organizations and the development of democratic political 
     parties.
       (7) Chief of mission.--Of the funds appropriated under the 
     heading ``Economic Support Fund'' in this Act for assistance 
     for Pakistan, up to $10,000,000 may be made available to the 
     Chief of Mission to address unanticipated humanitarian needs: 
      Provided, That such funds shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations, except that the prior 
     consultation requirement may be waived in a manner consistent 
     with section 7015(e) of this Act.
       (d) Sri Lanka.--
       (1) None of the funds appropriated by this Act under the 
     headings ``Foreign Military Financing Program'' and 
     ``Peacekeeping Operations'' may be made available for 
     assistance for Sri Lanka, no defense export license may be 
     issued, and no military equipment or technology shall be sold 
     or transferred to Sri Lanka pursuant to the authorities 
     contained in this Act or any other Act, unless the Secretary 
     of State certifies to the Committees on Appropriations that 
     the Government of Sri Lanka is--
       (A) conducting credible, thorough investigations of alleged 
     war crimes and violations of international humanitarian law 
     by government forces and the Liberation Tigers of Tamil 
     Eelam;
       (B) bringing to justice individuals who have been credibly 
     alleged to have committed such violations;
       (C) supporting and cooperating with any United Nations 
     investigation of alleged war crimes and violations of 
     international humanitarian law;
       (D) respecting due process, the rights of journalists, and 
     the rights of citizens to peaceful expression and 
     association, including ending arrest and detention under 
     emergency regulations;
       (E) providing access to detainees by humanitarian 
     organizations; and
       (F) implementing policies to promote reconciliation and 
     justice including devolution of power as provided for in the 
     Constitution of Sri Lanka.
       (2) Paragraph (2) shall not apply to assistance for 
     humanitarian demining and aerial and maritime surveillance.
       (3) If the Secretary makes the certification required in 
     paragraph (2), funds appropriated under the heading ``Foreign 
     Military Financing Program'' that are made available for 
     assistance for Sri Lanka should be used to support the 
     recruitment and training of Tamils into the Sri Lankan 
     military, Tamil language training for Sinhalese military 
     personnel, and human rights training for all military 
     personnel.
       (4) The Secretary of the Treasury shall instruct the United 
     States executive directors of the international financial 
     institutions to vote against any loan, agreement, or other 
     financial support for Sri Lanka except to meet basic human 
     needs, unless the Secretary of State certifies to the 
     Committees on Appropriations that the Government of Sri Lanka 
     is meeting the requirements in paragraph (2)(D), (E), and (F) 
     of this subsection.

                            enterprise funds

       Sec. 7066. (a) Prior to the distribution of any assets 
     resulting from any liquidation, dissolution, or winding up of 
     an Enterprise Fund, in whole or in part, the President shall 
     submit to the Committees on Appropriations, in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations, a plan for the distribution of the assets of 
     the Enterprise Fund.
       (b) Funds made available under titles III through VI of 
     this Act for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities and shall be subject to the regular 
     notification procedures of the Committees on Appropriations.

                overseas private investment corporation

                     (including transfer of funds)

       Sec. 7067. (a) Whenever the President determines that it is 
     in furtherance of the purposes of the Foreign Assistance Act 
     of 1961, up to a total of $20,000,000 of the funds 
     appropriated under title III of this Act may be transferred 
     to, and merged with, funds appropriated by this Act for the 
     Overseas Private Investment Corporation Program Account, to 
     be subject to the terms and conditions of that account:  
     Provided, That such funds shall not be available for 
     administrative expenses of the Overseas Private Investment 
     Corporation:  Provided further, That designated funding 
     levels in this Act shall not be transferred pursuant to this 
     section:  Provided further, That the exercise of such 
     authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (b) Notwithstanding section 235(a)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority 
     of subsections (a) through (c) of section 234 of such Act 
     shall remain in effect.

                              extradition

       Sec. 7068. (a) None of the funds appropriated in this Act 
     may be used to provide assistance (other than funds provided 
     under the headings ``International Narcotics Control and Law 
     Enforcement'', ``Migration and Refugee Assistance'', 
     ``Emergency Migration and Refugee Assistance'', and 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Assistance'') for the central government of a country which 
     has notified the Department of State of its refusal to 
     extradite to the United States any individual indicted for a 
     criminal offense for which the maximum penalty is life 
     imprisonment without the possibility of parole or for killing 
     a law enforcement officer, as specified in a United States 
     extradition request.
       (b) Subsection (a) shall only apply to the central 
     government of a country with which the United States 
     maintains diplomatic relations and with which the United 
     States has an extradition treaty and the government of that 
     country is in violation of the terms and conditions of the 
     treaty.
       (c) The Secretary of State may waive the restriction in 
     subsection (a) on a case-by-case basis if the Secretary 
     certifies to the Committees on Appropriations that such 
     waiver is important to the national interests of the United 
     States.

                climate change and environment programs

       Sec. 7069. (a) In General.--Of the funds appropriated by 
     this Act, up to $1,250,000,000 may be made available for 
     programs and activities to--
       (1) reduce, mitigate, and sequester greenhouse gases that 
     contribute to global climate change;
       (2) support climate change adaptation; and
       (3) protect biodiversity, including wildlife, tropical 
     forests, and other critical landscapes.
       (b) Uses of Clean Energy Funding.--Funds appropriated by 
     this Act under the headings ``Development Assistance'', 
     ``Economic Support Fund'', and ``Assistance for Europe, 
     Eurasia and Central Asia'' for clean energy programs and 
     activities, may be made available only to support and promote 
     the sustainable use of renewable energy technologies and end-
     use energy efficiency technologies, carbon sequestration, and 
     carbon accounting.
       (c) Tropical Forest Programs.--Funds appropriated under 
     title III of this Act for tropical forest programs shall be 
     used to protect biodiversity, including not less than 
     $2,000,000 to implement and enforce section 8204 of Public 
     Law 110-246, shall not be used to support or promote the 
     expansion of industrial scale logging into primary tropical 
     forests, and shall be subject to prior consultation with, and 
     the regular notification procedures of, the Committees on 
     Appropriations:  Provided, That of the funds that are 
     available for the Central African Regional Program for the 
     Environment (CARPE) and other tropical forest programs in the 
     Congo Basin, not less than $9,000,000 shall be apportioned 
     directly to the United States Fish and Wildlife Service to 
     implement such programs:  Provided further, That not less 
     than $10,000,000 shall be made available for biodiversity 
     conservation programs in the Brazilian Amazon, not less than 
     $15,000,000 shall be made available for such programs in the 
     Andean Amazon, and not less than $1,000,000 shall be 
     apportioned directly to the Department of the Interior for 
     programs in the Guatemala Mayan Biosphere Reserve.
       (d) Authority.--Funds appropriated by this Act to carry out 
     the provisions of sections 103 through 106, and chapter 4 of 
     part

[[Page 17445]]

     II, of the Foreign Assistance Act of 1961 may be used, 
     notwithstanding any other provision of law except for the 
     provisions of this section and subject to the regular 
     notification procedures of the Committees on Appropriations, 
     to support climate change and environment programs.
       (e) Consultation.--Funds made available pursuant to this 
     section are subject to prior consultation with, and the 
     regular notification procedures of, the Committees on 
     Appropriations.
       (f) Extraction of Natural Resources.--
       (1) Funds appropriated by this Act shall be made available 
     to promote and support transparency and accountability of 
     expenditures and revenues related to the extraction of 
     natural resources, including by strengthening implementation 
     and monitoring of the Extractive Industries Transparency 
     Initiative, section 8204 of Public Law 110-246, and the 
     Kimberley Process Certification Scheme, and by providing 
     technical assistance to promote independent audit mechanisms 
     and support civil society participation in natural resource 
     management.
       (2)(A) The Secretary of the Treasury shall inform the 
     managements of the international financial institutions and 
     post on the Department of the Treasury's Web site that it is 
     the policy of the United States to vote against any 
     assistance by such institutions (including but not limited to 
     any loan, credit, grant, or guarantee) for the extraction and 
     export of a natural resource if the government of the country 
     has in place laws or regulations to prevent or limit the 
     public disclosure of company payments as required by section 
     1504 of Public Law 111-203, and unless such government has in 
     place functioning systems in the sector in which assistance 
     is being considered for:
       (i) accurately accounting for and public disclosure of 
     payments to the host government by companies involved in the 
     extraction and export of natural resources;
       (ii) the independent auditing of accounts receiving such 
     payments and public disclosure of the findings of such 
     audits;
       (iii) public disclosure of such documents as Host 
     Government Agreements, Concession Agreements, and bidding 
     documents, allowing in any such dissemination or disclosure 
     for the redaction of, or exceptions for, information that is 
     commercially proprietary or that would create competitive 
     disadvantage.
       (B) The requirements of subparagraph (A) shall not apply to 
     assistance for the purpose of building the capacity of such 
     government to meet the requirements of this paragraph.
       (C) Not later than 180 days after enactment of this Act, 
     the Secretary of the Treasury shall 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, 
     whether each institution considered, in providing such 
     assistance, the extent to which the country has functioning 
     systems, laws or regulations in place to prevent or limit 
     disclosure of company payments as described in subparagraph 
     (A).
       (3) The Secretary of the Treasury or the Secretary of 
     State, as appropriate, shall instruct the United States 
     executive director of each international financial 
     institution and the United States representatives to all 
     forest-related multilateral financing mechanisms and 
     processes, that it is the policy of the United States to vote 
     against the expansion of industrial scale logging into 
     primary tropical forests.
       (g) Clean Technology Fund.--
       (1) Authorization of appropriations.--For fiscal year 2011, 
     up to $350,000,000 is authorized to be appropriated for a 
     United States contribution to the Clean Technology Fund (the 
     Fund).
       (2) Limits on country access.--The Secretary of the 
     Treasury shall use the voice and vote of the United States to 
     ensure that--
       (A) the Fund does not provide more than 15 percent of Fund 
     resources to any one country;
       (B) prior to the obligation of funds from the Fund to a 
     recipient country, recipient countries shall submit to the 
     governing body of the Fund, and the governing body of the 
     Fund appropriately reviews and considers, an investment plan 
     that will achieve significant net reductions in national-
     level greenhouse gas emissions;
       (C) the investment plan for a recipient country, whose 
     borrowing status is classified by the World Bank as 
     ``International Development Association blend'', shall have 
     at least 15 percent of its total cost for public sector 
     activities contributed from the public funds of the recipient 
     country, and any recipient country whose borrowing status is 
     classified by the World Bank as ``International Bank for 
     Reconstruction and Development Only'' status, shall have at 
     least 25 percent of its total cost for public sector 
     activities contributed from public funds of the recipient 
     country; and
       (D) assistance made available by the Fund is used 
     exclusively to support the deployment of clean energy 
     technologies in developing countries (including, where 
     appropriate, through the provision of technical support or 
     support for policy or institutional reforms) in a manner that 
     achieves substantial net reductions in greenhouse gas 
     emissions.
       (3) Definitions.--For purposes of this subsection the 
     definitions contained in section 7081(g)(4) of division F of 
     Public Law 111-117 shall apply to this Act, except that 
     ``Public Sector Activities'' shall mean ``Public Funds''.

                  prohibition on promotion of tobacco

       Sec. 7070.  None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.

                 commercial leasing of defense articles

       Sec. 7071.  The second sentence of section 23(a) of the 
     Arms Export Control Act, as amended, (Public Law 96-29) is 
     further amended by striking ``and Egypt'' and inserting ``, 
     Egypt, and NATO and major non-NATO allies''.

                    international prison conditions

       Sec. 7072. (a) Not later than 180 days after enactment of 
     this Act, the Secretary of State shall submit to the 
     Committees on Appropriations a report, which shall also be 
     made publicly available including on the Department of 
     State's Web site, describing the conditions in prisons and 
     other detention facilities in at least 30 countries receiving 
     United States assistance, of which 15 countries shall be 
     selected based on the Secretary's determination that such 
     conditions raise the most serious human rights or 
     humanitarian concerns, and 15 countries shall be selected at 
     random.
       (b) For purposes of each determination made pursuant to 
     subsection (a), the Secretary shall consider the criteria 
     listed in section 7085(b)(1 through 10) of division F of 
     Public Law 111-117.
       (c) Funds appropriated by this Act to carry out the 
     provisions of chapters 1 and 11 of part I and chapter 4 of 
     part II of the Foreign Assistance Act of 1961, and the 
     Support for East European Democracy (SEED) Act of 1989, shall 
     be made available, notwithstanding section 660 of the Foreign 
     Assistance Act of 1961, for assistance to eliminate inhumane 
     conditions in foreign prisons and other detention facilities.

           transparency, accountability and anti-kleptocracy

       Sec. 7073. (a) United Nations.--
       (1) The Secretary of State, following consultation with the 
     Committees on Appropriations, may withhold from obligation 
     funds appropriated under the heading ``International 
     Organizations and Programs'' for a United States contribution 
     to a United Nations organization or agency if the Secretary 
     determines that such organization or agency is not taking 
     adequate steps to increase transparency and accountability.
       (2) Not later than 45 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing steps taken by the Global Fund to 
     Fight AIDS, Tuberculosis, and Malaria (the Global Fund) to:
       (A) maintain and adopt, as necessary, policies and 
     practices to ensure transparency of expenditures, including 
     the authority of the Global Fund Office of Inspector General 
     (OIG) to publish OIG reports on a public Web site without 
     restriction;
       (B) ensure that the OIG has the necessary staff, budget, 
     independence, and authority to perform functions consistent 
     with its mandate, Charter and Terms of Reference, such as 
     programmatic audits and evaluations, financial audits, and 
     investigations of alleged misuse, misappropriation and fraud 
     involving any Global Fund grant resources; and
       (C) ensure that the Inspector General reports directly to 
     the Global Fund Board without interference.
       (3) Of the funds appropriated under the heading 
     ``Contributions for International Peacekeeping Activities'' 
     in this Act, 10 percent should not be obligated until the 
     Secretary of State reports to the Committees on 
     Appropriations that the United Nations Secretariat and the 
     governments of countries providing troops for peacekeeping 
     missions have procedures and agreements to ensure that 
     allegations of sexual abuse or other serious crimes by 
     peacekeeping troops will be credibly and thoroughly 
     investigated and the perpetrators brought to justice, and 
     that information about such cases will be made publicly 
     available and regularly updated in the country where the 
     alleged crime occurred and on the United Nations' Web site.
       (4) Of the funds appropriated under title I of this Act 
     that are available for payments to the regular budgets of the 
     United Nations and the Organization of American States, and 
     of the funds appropriated under the heading ``International 
     Organizations and Programs'' in this Act that are available 
     for contributions to United Nations agencies, 10 percent 
     should not be obligated for any such organization until the 
     Secretary of State reports to the Committees on 
     Appropriations that the organization is implementing 
     effective practices to protect whistleblowers (including the 
     organization's employees and others affected by the 
     organization's operations) from retaliation for internal and 
     lawful public disclosures, including--

[[Page 17446]]

       (A) best practices for legal burdens of proof;
       (B) access to independent adjudicative bodies, including 
     external arbitration based on consensus selection and shared 
     costs;
       (C) results that eliminate the effects of proven 
     retaliation;
       (D) a minimum of a 6-month statute of limitations for 
     reporting retaliation; and
       (E) the option of making external disclosures in certain 
     instances, in accordance with standards adopted by the United 
     Nations Secretariat on December 19, 2005.
       (5) Of the funds appropriated under the heading 
     ``International Organizations and Programs'' in this Act that 
     are available for a contribution to the United Nations 
     Development Program (UNDP), 10 percent should not be 
     obligated until the Secretary of State reports to the 
     Committees on Appropriations that the UNDP's management is 
     taking the necessary steps to demonstrate UNDP's commitment 
     to make all audit, oversight, and financial information 
     publicly available as soon as possible, and to put in place 
     procedures for publicly reporting on the results of UNDP 
     programs worldwide.
       (6) Notwithstanding any other provision of law, the 
     Secretary of State should suspend United States participation 
     in the United Nations Human Rights Council (the Council) 
     unless the Secretary determines and reports to the Committees 
     on Appropriations that continued participation in the Council 
     is in the national interests of the United States.
       (b) International Monetary Fund.--
       (1) The terms and conditions of section 7086(b)(1) and (2) 
     of division F of Public Law 111-117 shall apply to this Act.
       (2) The Secretary of the Treasury shall instruct the United 
     States Executive Director of the International Monetary Fund 
     (IMF) to seek to ensure that any loan will be repaid to the 
     IMF before other private creditors.
       (3) The Secretary of the Treasury shall seek to ensure that 
     the IMF has adopted and is implementing effective practices 
     to protect whistleblowers (including the IMF's employees, 
     contract employees, consultants, staff of the Board of 
     Executive Directors, and others affected by the IMF's 
     operations) from retaliation for internal and lawful public 
     disclosures, including--
       (A) best practices for legal burdens of proof;
       (B) access to independent adjudicative bodies, including 
     external arbitration based on consensus selection and shared 
     costs;
       (C) results that eliminate the effects of proven 
     retaliation; and
       (D) a minimum of a 6-month statute of limitations for 
     reporting retaliation.
       (c) National Budget and Contract Transparency.--
       (1) Limitation on funding.--None of the funds appropriated 
     under titles III and IV of this Act may be made available to 
     the central government of any country that does not meet 
     minimum standards of fiscal transparency:  Provided, That the 
     Secretary of State shall develop ``minimum standards of 
     fiscal transparency'' to be updated and strengthened, as 
     appropriate, to reflect best practices:  Provided further, 
     That the Secretary shall make an annual determination of 
     ``progress'' or ``no progress'' for countries that do not 
     meet minimum standards of fiscal transparency and make those 
     determinations publicly available on an annual ``Fiscal 
     Transparency Report''.
       (2) Minimum standards of fiscal transparency.--For the 
     purposes of paragraph (1), ``minimum standards of fiscal 
     transparency'' shall include standards for the public 
     disclosure of budget documentation, including receipts and 
     expenditures by ministry, and government contracts and 
     licenses for natural resource extraction, to include bidding 
     and concession allocation practices.
       (3) Waiver.--The Secretary of State may waive the 
     limitation on funding in paragraph (1) on a country-by-
     country basis if the Secretary reports to the Committees on 
     Appropriations that the waiver is important to the national 
     interests of the United States:  Provided, That such waiver 
     shall identify any steps taken by the government of the 
     country to publicly disclose its national budget and 
     contracts which are additional to those which were undertaken 
     in previous fiscal years, include specific recommendations of 
     short and long-term steps such government can take to improve 
     budget transparency, and identify benchmarks for measuring 
     progress.
       (4) Assistance.--Of the funds appropriated under title III 
     of this Act, not less than $5,000,000 should be made 
     available for programs and activities to assist the central 
     governments of countries named in the list required by 
     paragraph (1) to improve budget transparency or to support 
     civil society organizations in such countries that promote 
     budget transparency:  Provided, That such sums shall be in 
     addition to funds otherwise made available for such purposes.
       (d) Anti-kleptocracy.--
       (1) Officials of foreign governments and their immediate 
     family members who the Secretary of State has credible 
     information have been involved in significant corruption, 
     including corruption related to the extraction of natural 
     resources, shall be ineligible for entry into the United 
     States.
       (2) Individuals shall not be ineligible if entry into the 
     United States would further important United States law 
     enforcement objectives or is necessary to permit the United 
     States to fulfill its obligations under the United Nations 
     Headquarters Agreement:  Provided, That nothing in this 
     provision shall be construed to derogate from United States 
     Government obligations under applicable international 
     agreements.
       (3) The Secretary may waive the application of paragraph 
     (1) if the Secretary determines that the waiver would serve a 
     compelling national interest or that the circumstances which 
     caused the individual to be ineligible have changed 
     sufficiently.
       (4) Not later than 90 days after enactment of this Act and 
     180 days thereafter, the Secretary of State shall submit a 
     report, in classified form if necessary, to the Committees on 
     Appropriations describing the information regarding 
     corruption concerning each of the individuals found 
     ineligible pursuant to paragraph (1), a list of any waivers 
     provided under subsection (3), and the justification for each 
     waiver.

                          disability programs

       Sec. 7074. (a) Of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'', not less than 
     $5,000,000 shall be made available for programs and 
     activities administered by the United States Agency for 
     International Development (USAID) to address the needs and 
     protect and promote the rights of people with disabilities in 
     developing countries, including initiatives that focus on 
     independent living, economic self-sufficiency, advocacy, 
     education, employment, transportation, sports, and 
     integration of individuals with disabilities, including for 
     the cost of translation, of which up to $1,000,000 shall be 
     made available to support disability advocacy organizations 
     to provide training and technical assistance for disabled 
     persons organizations in such countries.
       (b) Funds appropriated under the heading ``Operating 
     Expenses'' in title II of this Act shall be 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 in developing 
     countries.
       (c) The Secretary of State, the Secretary of the Treasury, 
     and the USAID Administrator shall seek to ensure that, where 
     practicable, construction projects funded by this Act are 
     accessible to people with disabilities and in compliance with 
     the USAID Policy on Standards for Accessibility for the 
     Disabled, or other similar accessibility standards.
       (d) Of the funds made available pursuant to subsection (a), 
     not more than 7 percent may be for management, oversight, and 
     technical support.

         buying power maintenance, international organizations

       Sec. 7075. (a) There may be established in the Treasury of 
     the United States a ``Buying Power Maintenance, International 
     Organizations'' account.
       (b) At the end of each fiscal year, the Secretary of State 
     may transfer to, and merge with, ``Buying Power Maintenance, 
     International Organizations'' such amounts from 
     ``Contributions to International Organizations'' as the 
     Secretary determines are in excess of the needs of activities 
     funded from ``Contributions to International Organizations'' 
     because of fluctuations in foreign currency exchange rates.
       (c) In order to offset adverse fluctuations in foreign 
     currency exchange rates, the Secretary of State may transfer 
     to, and merge with, ``Contributions to International 
     Organizations'' such amounts from ``Buying Power Maintenance, 
     International Organizations'' as the Secretary determines are 
     necessary to provide for the activities funded from 
     ``Contributions to International Organizations''.
       (d)(1) Subject to the limitations contained in this 
     section, not later than the end of the fifth fiscal year 
     after the fiscal year for which funds are appropriated or 
     otherwise made available for ``Contributions to International 
     Organizations'', the Secretary of State may transfer any 
     unobligated balance of such funds to the ``Buying Power 
     Maintenance, International Organizations'' account.
       (2) The balance of the Buying Power Maintenance, 
     International Organizations account may not exceed 
     $50,000,000 as a result of any transfer under this 
     subsection.
       (3) Any transfer pursuant to this subsection shall be 
     treated as a reprogramming of funds under section 34 of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2706) and shall be available for obligation or expenditure 
     only in accordance with the procedures under such section.
       (e)(1) Funds transferred to the ``Buying Power Maintenance, 
     International Organizations'' account pursuant to this 
     section shall remain available until expended.
       (2) The transfer authorities in this section shall be 
     available for funds appropriated for fiscal year 2012 and for 
     each fiscal year thereafter, and are in addition to any 
     transfer authority otherwise available to the Department of 
     State under other provisions of law.

                   prohibition on first-class travel

       Sec. 7076.  None of the funds made available in this Act 
     may be used for first-class travel by employees of agencies 
     funded by this Act

[[Page 17447]]

     in contravention of sections 301-10.122 through 301-10.124 of 
     title 41, Code of Federal Regulations.

               millennium challenge corporation compacts

       Sec. 7077. (a) Extension of Compacts.--Section 609(j) of 
     the Millennium Challenge Act of 2003 (22 U.S.C. 7708(j)) is 
     amended to read as follows:
       ``(j) Extension of Compact.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the duration of a Compact shall not exceed 5 years.
       ``(2) Exception.--The duration of a Compact may be extended 
     beyond 5 years if the Board--
       ``(A) determines that a project included in the Compact 
     cannot be completed within 5 years; and
       ``(B) approves an extension of the Compact that does not 
     extend the total duration of the Compact beyond 7 years.
       ``(3) Congressional notification.--Not later than 15 days 
     before the date on which the Board is scheduled to vote on 
     the extension of a Compact beyond 5 years pursuant to 
     paragraph (2), the Board, acting through the Chief Executive 
     Officer, shall--
       ``(A) notify the Committees on Appropriations, the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives, 
     of its intent to approve such extension; and
       ``(B) provide such committees with a detailed explanation 
     for the determination and approval described in paragraph 
     (2).''.
       (b) Concurrent and Subsequent Compacts.--Section 609(k) of 
     such Act (22 U.S.C. 7708(k)) is amended to read as follows:
       ``(k) Concurrent and Subsequent Compacts.--
       ``(1) In general.--Subject to paragraph (2), and in 
     accordance with the requirements of this title, an eligible 
     country and the United States may enter into and have in 
     effect concurrent and/or subsequent Compacts.
       ``(2) Requirements.--An eligible country and the United 
     States may enter into concurrent or subsequent Compacts if 
     the Board determines that such country--
       ``(A) is making significant, consistent progress in 
     implementing the terms of its existing Compact(s) and 
     supplementary agreements to such Compact(s); and
       ``(B) will contribute, in the case of a Low Income Country 
     as defined in section 606(a), not less than a 7.5 percent 
     contribution of the total amount agreed upon for a subsequent 
     Compact, or in the case of a Lower Middle Income Country 
     (LMIC) as defined in section 606(b), a 15 percent 
     contribution for a subsequent Compact.
       ``(3) Funding.--Millennium Challenge Corporation (MCC) 
     shall commit any funding for a concurrent Compact at the time 
     it funds the Compact.
       ``(4) Timing.--A concurrent Compact shall be signed not 
     later than 2 years after the signing of the earlier compact.
       ``(5) Limitation on compacts.--The MCC shall provide no 
     more than 15 years of compact funding to any country.''.
       (c) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to Compacts entered into between the 
     United States and an eligible country under the Millennium 
     Challenge Act of 2003 (22 U.S.C. 7701 et seq.) before, on or 
     after enactment of this Act, and those made by subsection (b) 
     shall apply prospectively to new compacts.
       (d) Maintaining Candidate Status for Purposes of Income 
     Category.--Section 606 of the Millennium Challenge Act of 
     2003 (22 U.S.C. 7705) is amended as follows:
       (1) Section (a)(1) is amended by striking the words 
     ``Fiscal year 2004'' and inserting ``In general'', and by 
     striking the words ``for fiscal year 2004'' and inserting 
     ``for a fiscal year''.
       (2) Section (a)(1)(A) is stricken and replaced with the 
     following: ``The country has a per capita income equal to or 
     below the World Bank's lower middle income country threshold 
     for the fiscal year involved and is among the 75 lowest per 
     capita income countries as identified by the World Bank; 
     and'';
       (3) Section (a)(2) is stricken.
       (4) Section (b)(1)(A) is stricken and replaced with the 
     following: ``has a per capita income equal to or below the 
     World Bank's lower middle income country threshold for the 
     fiscal year involved and is not among the 75 lowest per 
     capita income countries as identified by the World Bank; 
     and''.
       (e) Section 606 is amended by inserting the following--
       ``(d) Income Classification Transition.--Any country with a 
     per capita income that changes in a given fiscal year such 
     that the country would be reclassified in that fiscal year 
     from a low income country to a lower middle income country or 
     from a lower middle income country to a low income country 
     shall retain its candidacy status in its former income 
     classification for the fiscal year of the country's 
     transition and the two subsequent fiscal years.''.

                      inspectors general personnel

       Sec. 7078. (a)(1) The provisions in this section shall 
     apply to the Inspector General of the Department of State and 
     the Inspector General of the United States Agency for 
     International Development (USAID).
       (2) The term ``Government Employee'' has the meaning given 
     the term employee in section 2105 of title 5, United States 
     Code.
       (3) The Inspector General may waive any of the following 
     provisions to employ annuitants (individuals who are entitled 
     to benefits under a retirement system for Government 
     employees): subsections (a) through (d) of section 8344 of 
     title 5, United States Code; subsections (a), (b) and (e) of 
     section 8468 of title 5, United States Code; subsections (a) 
     through (d) of section 824 of the Foreign Service Act of 1980 
     (22 U.S.C. 4064); and any other similar provision of law, as 
     identified by the Inspector General in regulations:  
     Provided, That the Inspector General may exercise this 
     authority: only on a case-by-case basis and only for so long 
     as is necessary; when necessary due to exceptional difficulty 
     in the recruitment or retention of a qualified employee for 
     the position involved or a temporary emergency hiring need; 
     as long as it does not cause the number of employees within 
     the Office of Inspector General (OIG) employed under this or 
     other similar authority to exceed, as of any given date, 15 
     percent of the total OIG workforce, determined on a full-time 
     equivalent basis; and this authority is repealed on October 
     1, 2014, except that an annuitant re-employed pursuant to the 
     waiver in this section before October 1, 2014, may continue 
     such employment until not later than September 30, 2015.
       (4) Nothing in this section may be construed to permit or 
     require that any re-employed annuitant benefitting from a 
     waiver of a provision of law set forth in this section be 
     treated as a Government employee for purposes of the 
     retirement system to which such provision relates.
       (5) The Inspector General is authorized to obtain services 
     under section 3109 of title 5, United States Code, without 
     regard to subsections (d)(1) of such section, and is 
     considered the head of the agency under subsection (b) of 
     such section for purposes of exercising this authority.
       (A) Services may be obtained by the Inspector General for a 
     period of up to 1 year, with an option to extend such 
     services for an additional 2 years, and that the total number 
     of individuals employed under this section shall not exceed 
     15 percent of the total Department of State OIG workforce or 
     5 percent of the total USAID OIG workforce, determined on a 
     full-time equivalent basis.
       (B) The authority to obtain such services shall expire on 
     September 30, 2014 except that an individual whose service 
     under this subsection is procured before October 1, 2014, may 
     continue to provide such service until not later than 
     September 30, 2015.
       (b) Section 209 of the Foreign Service Act of 1980 (22 
     U.S.C. 3929) is amended by:
       (1) striking paragraph (5) in subsection (c); and
       (2) in subsection (d)(2)--
       (A) adding ``and'' at the end of subparagraph (D)
       (B) striking ``; and'' and inserting a period at the end of 
     subparagraph (E); and
       (C) striking subparagraph (F).

                    consular affairs pilot programs

       Sec. 7079. (a) Tourist Visa Services Pilot Program.--
       (1)(A) The Secretary of State shall implement the necessary 
     steps, including hiring a sufficient number of consular 
     officers which may include limited non-career appointment 
     officers, in the People's Republic of China, Brazil, and 
     India to meet the Department of State's standard of 
     interviewing all tourist visa applicants within 30 days of 
     the date of submitting their application.
       (B) The Secretary of State shall also conduct a risk and 
     benefit analysis regarding the extension of the expiration 
     period for B-1 or B-2 visas for citizens of the People's 
     Republic of China from 1 year to 2 years before requiring 
     consular officers to re-interview a visa applicant.
       (2) Not later than 90 days after enactment of this Act, the 
     Secretary shall submit a report to the Committees on 
     Appropriations on Consular Affairs programs in the People's 
     Republic of China, Brazil, and India including steps the 
     Department of State has taken in these countries to meet the 
     State Department's visa processing standards; a 5-year 
     forecast of non-immigrant visas for each of these countries 
     and the number of consular officers necessary to meet the 
     State Department's standards; a comparison of the Department 
     of State's 5-year forecast with the Commerce Department's 5-
     year visitor arrival projections; and the impact of the 
     different projections on visa process times and required 
     number of consular officers.
       (b) Video Conference Pilot Program.--
       (1) The Secretary of State may develop and conduct a pilot 
     program for the processing of B-1 and B-2 visas using secure 
     remote videoconferencing technology as a method for 
     conducting visa interviews of applicants, and in consultation 
     with other Federal agencies that use such secure 
     communications to help ensure security of the 
     videoconferencing transmission and encryption.
       (2) Not later than 90 days after the end of such a pilot 
     program, the Secretary shall submit a report to the 
     Committees on Appropriations detailing the results of such 
     program including an assessment of the efficacy, efficiency, 
     and security of the remote videoconferencing technology as a 
     method for conducting visa interviews of applicants and 
     recommendations for whether it should be continued, 
     broadened, or modified.

[[Page 17448]]

       (3) No pilot program should be conducted if the Secretary 
     determines and reports to the Committees on Appropriations 
     that such program poses an undue security risk and that it 
     cannot be conducted in a manner consistent with maintaining 
     security controls.

                          working capital fund

       Sec. 7080. (a) The Administrator of the United States 
     Agency for International Development (the Administrator) is 
     authorized to establish a Working Capital Fund (in this 
     section referred to as the ``Fund'').
       (b) Funds deposited in the Fund during any fiscal year 
     shall be available without fiscal year limitation and used, 
     in addition to other funds available for such purposes, for 
     agency procurement reform efforts and related administrative 
     costs:  Provided, That such expenses may include--
       (1) personal and non-personal services;
       (2) training;
       (3) supplies; and
       (4) other administrative costs related to the 
     implementation of procurement reform and management of the 
     Fund.
       (c) There may be deposited during any fiscal year in the 
     Fund up to 1 percent of the total value of obligations 
     entered into by the United States Agency for International 
     Development (USAID) from appropriations available to USAID 
     and any appropriation made available for the purpose of 
     providing capital:  Provided, That receipts from the disposal 
     of, or repayments for the loss or damage to, property held in 
     the Fund, rebates, reimbursements, refunds and other credits 
     applicable to the operation of the Fund may be deposited into 
     the Fund.
       (d) Not later than 45 days after enactment of this Act and 
     any subsequent Act making appropriations for the Department 
     of State, foreign operations, and related programs, the 
     Administrator shall submit to the Committees on 
     Appropriations an operating plan for funds deposited in the 
     Fund, which shall include the percentage to be charged for 
     the current fiscal year.
       (e) At the close of fiscal year 2013 and at the close of 
     each fiscal year thereafter, the Administrator shall 
     determine the amounts in excess of the needs of the Fund for 
     that fiscal year and shall transfer out of the Fund any 
     excess amounts to any of the original appropriation accounts 
     from which deposits were made:  Provided, That such 
     transferred funds shall remain available without fiscal year 
     limitation:  Provided further, That the Administrator shall 
     report to the Committees on Appropriation the excess amounts 
     and to which appropriation accounts the excess funds will be 
     transferred:  Provided further, That such transfers shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.

                           procurement reform

       Sec. 7081. (a) Local Competition.--Notwithstanding any 
     other provision of law, the Administrator of the United 
     States Agency for International Development (the 
     Administrator) may, with funds made available in this Act and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs, award contracts and 
     other instruments in which competition is limited to local 
     entities if doing so would result in cost savings, develop 
     local capacity, or enable the Administrator to initiate a 
     program or activity in appreciably less time than if 
     competition were not so limited:  Provided, That the 
     authority provided in this section may not be used to make 
     awards in excess of $5,000,000.
       (b) For the purposes of this section, local entity means an 
     individual, a corporation, or another body of persons located 
     in or having as its principal place of business or operations 
     in a country receiving assistance from funds appropriated in 
     title III of this Act.

                       operating and spend plans

       Sec. 7082. (a) Operating Plans.--Not later than 45 days 
     after the date of enactment of this Act, each department, 
     agency or organization funded in titles I and II, and the 
     Department of the Treasury and Independent Agencies funded in 
     title III of this Act shall submit to the Committees on 
     Appropriations an operating plan for funds appropriated to 
     such department, agency, or organization in such titles of 
     this Act, or funds otherwise available for obligation in 
     fiscal year 2012, that provides details of the use of such 
     funds at the program, project, and activity level.
       (b) Spend Plans.--Prior to the initial obligation of funds, 
     the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development, shall submit to the Committees on Appropriations 
     a detailed spend plan, which shall include achievable and 
     sustainable goals, benchmarks for measuring progress, and 
     expected results, for the following--
       (1) funds appropriated under the heading ``Democracy 
     Fund'';
       (2) funds made available in titles III and IV of this Act 
     for assistance for Afghanistan, Pakistan, Iraq, Haiti, 
     Colombia, and Mexico, for the Caribbean Basin Security 
     Initiative, and the Central American Regional Security 
     Initiative; and
       (3) funds appropriated in title III for food security and 
     agriculture development programs and for climate change and 
     environment programs.
       (c) Notifications.--The spend plans referenced in 
     subsection (b) shall not be considered as meeting the 
     notification requirements under section 7015 of this Act or 
     under section 634A of the Foreign Assistance Act of 1961.

                    authority for capital increases

       Sec. 7083. (a) International Bank for Reconstruction and 
     Development.--The Bretton Woods Agreements Act, as amended 
     (22 U.S.C. 286 et seq.), is further amended by adding at the 
     end thereof the following new sections:

     ``SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES OF 
                   AGREEMENT OF THE BANK TO INCREASE BASIC VOTES.

       ``The United States Governor of the Bank may accept on 
     behalf of the United States the amendment to the Articles of 
     Agreement of the Bank as proposed in resolution No. 596, 
     entitled `Enhancing Voice and Participation of Developing and 
     Transition Countries,' of the Board of Governors of the Bank 
     that was approved by such Board on January 30, 2009.

     ``SEC. 70. CAPITAL STOCK INCREASES.

       ``(a) Increases Authorized.--The United States Governor of 
     the Bank is authorized--
       ``(1)(A) to vote in favor of a resolution to increase the 
     capital stock of the Bank on a selective basis by 230,374 
     shares; and
       ``(B) to subscribe on behalf of the United States to 38,459 
     additional shares of the capital stock of the Bank, as part 
     of the selective increase in the capital stock of the Bank, 
     except that any subscription to such additional shares shall 
     be effective only to such extent or in such amounts as are 
     provided in advance in appropriations Acts;
       ``(2)(A) to vote in favor of a resolution to increase the 
     capital stock of the Bank on a general basis by 484,102 
     shares; and
       ``(B) to subscribe on behalf of the United States to 81,074 
     additional shares of the capital stock of the Bank, as part 
     of the general increase in the capital stock of the Bank, 
     except that any subscription to such additional shares shall 
     be effective only to such extent or in such amounts as are 
     provided in advance in appropriations Acts.
       ``(b) Limitations on Authorization of Appropriations.--
       ``(1) In order to pay for the increase in the United States 
     subscription to the Bank under subsection (a)(2)(B), there 
     are authorized to be appropriated, without fiscal year 
     limitation, $9,780,361,991 for payment by the Secretary of 
     the Treasury.
       ``(2) Of the amount authorized to be appropriated under 
     paragraph (2)(A)--
       ``(A) $586,821,720 shall be for paid in shares of the Bank; 
     and
       ``(B) $9,193,540,271 shall be for callable shares of the 
     Bank.''.
       (b) International Finance Corporation.--The International 
     Finance Corporation Act, Public Law 84-350, as amended (22 
     U.S.C. 282 et seq.), is further amended by adding at the end 
     thereof the following new section:

     ``SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT OF THE 
                   ARTICLES OF AGREEMENT.

       ``(a) Vote Authorized.--The United States Governor of the 
     Corporation is authorized to vote in favor of a resolution to 
     increase the capital stock of the Corporation by 
     $130,000,000.
       ``(b) Amendment of the Articles of Agreement.--The United 
     States Governor of the Corporation is authorized to agree to 
     and accept an amendment to Article IV, Section 3(a) of the 
     Articles of Agreement of the Corporation that achieves an 
     increase in basic votes to 5.55 percent of total votes.''.
       (c) Inter-American Development Bank.--The Inter-American 
     Development Bank Act, Public Law 86-147, as amended (22 
     U.S.C. 283 et seq.), is further amended by adding at the end 
     thereof the following new section:

     ``SEC. 41. NINTH CAPITAL INCREASE.

       ``(a) Vote Authorized.--The United States Governor of the 
     Bank is authorized to vote in favor of a resolution to 
     increase the capital stock of the Bank by $70,000,000,000 as 
     described in Resolution AG-7/10, `Report on the Ninth General 
     Capital Increase in the resources of the Inter-American 
     Development Bank' as approved by Governors on July 21, 2010.
       ``(b) Subscription Authorized.--
       ``(1) The United States Governor of the Bank may subscribe 
     on behalf of the United States to 1,741,135 additional shares 
     of the capital stock of the Bank.
       ``(2) Any subscription by the United States to the capital 
     stock of the Bank shall be effective only to such extent and 
     in such amounts as are provided in advance in appropriations 
     Acts.
       ``(c) Limitations on Authorization of Appropriations.--
       ``(1) In order to pay for the increase in the United States 
     subscription to the Bank under subsection (b), there are 
     authorized to be appropriated, without fiscal year 
     limitation, $21,004,064,337 for payment by the Secretary of 
     the Treasury.
       ``(2) Of the amount authorized to be appropriated under 
     paragraph (1)--
       ``(A) $510,090,175 shall be for paid in shares of the Bank; 
     and
       ``(B) $20,493,974,162 shall be for callable shares of the 
     Bank.''.
       (d) African Development Bank.--The African Development Bank 
     Act, Public Law 97-35, as amended (22 U.S.C. 290i et seq.), 
     is further amended by adding at the end thereof the following 
     new section:

[[Page 17449]]



     ``SEC. 1344. SIXTH CAPITAL INCREASE.

       ``(a) Subscription Authorized.--
       ``(1) The United States Governor of the Bank may subscribe 
     on behalf of the United States to 289,391 additional shares 
     of the capital stock of the Bank.
       ``(2) Any subscription by the United States to the capital 
     stock of the Bank shall be effective only to such extent and 
     in such amounts as are provided in advance in appropriations 
     Acts.
       ``(b) Limitations on Authorization of Appropriations.--
       ``(1) In order to pay for the increase in the United States 
     subscription to the Bank under subsection (a), there are 
     authorized to be appropriated, without fiscal year 
     limitation, $4,322,228,221 for payment by the Secretary of 
     the Treasury.
       ``(2) Of the amount authorized to be appropriated under 
     paragraph (1)--
       ``(A) $259,341,759 shall be for paid in shares of the Bank; 
     and
       ``(B) $4,062,886,462 shall be for callable shares of the 
     Bank.''.
       (e) European Bank for Reconstruction and Development.--The 
     European Bank for Reconstruction and Development Act, Section 
     562(c) of Public Law 101-513, as amended (22 U.S.C. 290l et 
     seq.), is further amended by adding at the end thereof the 
     following new paragraph:
       ``(12) Capital increase.--
       ``(A) Subscription authorized.--
       ``(i) The United States Governor of the Bank may subscribe 
     on behalf of the United States up to 90,044 additional 
     callable shares of the capital stock of the Bank in 
     accordance with Resolution No. 128 as adopted by the Board of 
     Governors of the Bank on May 14, 2010.
       ``(ii) Any subscription by the United States to additional 
     capital stock of the Bank shall be effective only to such 
     extent and in such amounts as are provided in advance in 
     appropriations Acts.
       ``(B) Limitations on authorization of appropriations.--In 
     order to pay for the increase in the United States 
     subscription to the Bank under subsection (A), there are 
     authorized to be appropriated, without fiscal year 
     limitation, up to $1,252,331,952 for payment by the Secretary 
     of the Treasury.''.

                      authority for replenishments

       Sec. 7084. (a) International Development Association.--The 
     International Development Association Act, Public Law 86-565, 
     as amended (22 U.S.C. 284 et seq.), is further amended by 
     adding at the end thereof the following new sections:

     ``SEC. 26. SIXTEENTH REPLENISHMENT.

       ``(a) The United States Governor of the International 
     Development Association is authorized to contribute on behalf 
     of the United States $4,075,500,000 to the sixteenth 
     replenishment of the resources of the Association, subject to 
     obtaining the necessary appropriations.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, $4,075,500,000 
     for payment by the Secretary of the Treasury.

     ``SEC. 27. MULTILATERAL DEBT RELIEF.

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

     ``SEC. 221. TWELFTH REPLENISHMENT.

       ``(a) The United States Governor of the Fund is authorized 
     to contribute on behalf of the United States $585,000,000 to 
     the twelfth replenishment of the resources of the Fund, 
     subject to obtaining the necessary appropriations.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, $585,000,000 
     for payment by the Secretary of the Treasury.

     ``SEC. 222. MULTILATERAL DEBT RELIEF.

       ``(a) The Secretary of the Treasury is authorized to 
     contribute, on behalf of the United States, not more than 
     $60,000,000 to the African Development Fund for the purpose 
     of funding debt relief costs under the Multilateral Debt 
     Relief Initiative incurred in the period governed by the 
     twelfth replenishment of resources of the African Development 
     Fund, subject to obtaining the necessary appropriations and 
     without prejudice to any funding arrangements in existence on 
     the date of the enactment of this section.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, not more than 
     $60,000,000 for payment by the Secretary of the Treasury.
       ``(c) In this section, the term `Multilateral Debt Relief 
     Initiative' means the proposal set out in the G8 Finance 
     Ministers' Communique entitled `Conclusions on Development', 
     done at London, June 11, 2005, and reaffirmed by G8 Heads of 
     State at the Gleneagles Summit on July 8, 2005.''.

             authority for the fund for special operations

       Sec. 7085.  Up to $36,000,000 of funds appropriated for the 
     account ``Department of the Treasury, Debt Restructuring'' by 
     the Full-Year Continuing Appropriations Act, 2011 (Public Law 
     112-10, Division B) may be made available for the United 
     States share of an increase in the resources of the Fund for 
     Special Operations of the Inter-American Development Bank in 
     furtherance of debt relief provided to Haiti in view of the 
     Cancun Declaration of March 21, 2010.


          assistance for foreign nongovernmental organizations

       Sec. 7086. Part I of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151 et seq.) is amended by inserting after section 
     104C, the following new section:

     ``SEC. 104D. ELIGIBILITY FOR ASSISTANCE.

       ``Notwithstanding any other provision of law, regulation, 
     or policy, in determining eligibility for assistance 
     authorized under sections 104, 104A, 104B, and 104C--
       ``(1) a foreign nongovernmental organization shall not be 
     ineligible for such assistance solely on the basis of health 
     or medical services, including counseling and referral 
     services, provided by such organization with non-United 
     States Government funds if such services are permitted in the 
     country in which they are being provided and would not 
     violate United States law if provided in the United States; 
     and
       ``(2) a foreign nongovernmental organization shall not be 
     subject to requirements relating to the use of non-United 
     States Government funds for advocacy and lobbying activities 
     other than those that apply to United States nongovernmental 
     organizations receiving assistance under this part.''.

                             (rescissions)

       Sec. 7087. (a) Of the funds appropriated in prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs under the heading 
     ``Diplomatic and Consular Programs'', $13,700,000 are 
     rescinded, of which $8,000,000 shall be from funds for 
     Worldwide Security Protection:  Provided, That no amounts may 
     be rescinded from amounts that were designated by Congress as 
     an emergency requirement pursuant to a concurrent resolution 
     on the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       (b) Of the unexpended balances available under the heading 
     ``Export and Investment Assistance, Export-Import Bank of the 
     United States, Subsidy Appropriation'' from prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, $300,000,000 are rescinded.
       (c) Of the unexpended balances available to the President 
     for bilateral economic assistance under the heading 
     ``Economic Support Fund'' from prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, $150,000,000 are rescinded: 
      Provided, That no amounts may be rescinded from amounts that 
     were designated by Congress as an emergency requirement 
     pursuant to a concurrent resolution on the budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (d) The Secretary of State, as appropriate, shall consult 
     with the Committees on Appropriations prior to implementing 
     the rescissions made in this section.

                               TITLE VIII

                    OVERSEAS CONTINGENCY OPERATIONS

                          DEPARTMENT OF STATE

                   ADMINISTRATION OF FOREIGN AFFAIRS

                    diplomatic and consular programs

                     (including transfer of funds)

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $3,773,701,000, to remain available until 
     September 30, 2013, of which $236,201,000 is for Worldwide 
     Security Protection and shall remain available until 
     expended:  Provided, That the Secretary of State may transfer 
     up to $230,000,000 of the total funds made available under 
     this heading to any other appropriation of any department or 
     agency of the United States, upon the concurrence of the head 
     of such department or agency, to support operations in and 
     assistance for Afghanistan and to carry out the provisions of 
     the Foreign Assistance Act of 1961:  Provided further, That 
     funds appropriated under this heading may be made available 
     pursuant to the authority of section 7032(u) of this Act:  
     Provided further, That each amount in this paragraph is 
     designated by Congress as being for overseas

[[Page 17450]]

     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $63,954,000, to remain available until September 
     30, 2013, of which $16,317,000 shall be for the Special 
     Inspector General for Iraq Reconstruction for reconstruction 
     oversight, and $44,387,000 shall be for the Special Inspector 
     General for Afghanistan Reconstruction for reconstruction 
     oversight:  Provided, That each amount in this paragraph is 
     designated by Congress as being for overseas contingency 
     operations pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.

        contributions for international peacekeeping activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $17,900,000, to 
     remain available until September 30, 2013:  Provided, That 
     this amount is designated by Congress as being for overseas 
     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

                   united states institute for peace

       For an additional amount for ``United States Institute for 
     Peace'', $8,411,000, to remain available until September 30, 
     2013:  Provided, That this amount is designated by Congress 
     as being for overseas contingency operations pursuant to 
     section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (Public Law 99-177), as amended.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $106,000,000, to remain available until September 30, 2013:  
     Provided, That this amount is designated by Congress as being 
     for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2013:  Provided, That this amount is designated by 
     Congress as being for overseas contingency operations 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-
     177), as amended.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

       For an additional amount for ``International Disaster 
     Assistance'', $150,000,000, to remain available until 
     September 30, 2013:  Provided, That this amount is designated 
     by Congress as being for overseas contingency operations 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-
     177), as amended.

                         transition initiatives

       For an additional amount for ``Transition Initiatives'', 
     $3,500,000, to remain available until September 30, 2013:  
     Provided, That this amount is designated by Congress as being 
     for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                          complex crises fund

       For an additional amount for ``Complex Crises Fund'', 
     $45,000,000, to remain available until September 30, 2013:  
     Provided, That this amount is designated by Congress as being 
     for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                         economic support fund

       For an additional amount for ``Economic Support Fund'', 
     $1,172,821,000, to remain available until September 30, 2013: 
      Provided, That this amount is designated by Congress as 
     being for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                    migration and refugee assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $100,000,000, to remain available until 
     September 30, 2013:  Provided, That this amount is designated 
     by Congress as being for overseas contingency operations 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-
     177), as amended.

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $1,163,000,000, to remain 
     available until September 30, 2013:  Provided, That this 
     amount is designated by Congress as being for overseas 
     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

    nonproliferation, anti-terrorism, demining and related programs

       For an additional amount for ``Nonproliferation, Anti-
     terrorism, Demining and Related Programs'', $27,500,000, to 
     remain available until September 30, 2013:  Provided, That 
     this amount is designated by Congress as being for overseas 
     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

                        peacekeeping operations

       For an additional amount for ``Peacekeeping Operations'', 
     $30,000,000, to remain available until September 30, 2013:  
     Provided, That this amount is designated by Congress as being 
     for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                  funds appropriated to the president

                   foreign military financing program

       For an additional amount for ``Foreign Military Financing 
     Program'', $989,000,000, to remain available until September 
     30, 2013:  Provided, That this amount is designated by 
     Congress as being for overseas contingency operations 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-
     177), as amended.

              pakistan counter-insurgency capability fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of 
     the Foreign Assistance Act of 1961 and section 23 of the Arms 
     Export Control Act, $1,000,000,000, to remain available until 
     September 30, 2012, for the purpose of providing assistance 
     for Pakistan to build and maintain the counter-insurgency 
     capability of Pakistani security forces (including the 
     Frontier Corps), to include program management, training in 
     civil-military humanitarian assistance, human rights 
     training, and the provision of equipment, supplies, services, 
     training, and facility and infrastructure repair, renovation, 
     and construction:  Provided, That notwithstanding any other 
     provision of law except section 620M of the Foreign 
     Assistance Act of 1961, as amended by this Act, such funds 
     shall be available to the Secretary of State, with the 
     concurrence of the Secretary of Defense:  Provided further, 
     That such funds may be transferred by the Secretary of State 
     to the Department of Defense or other Federal departments or 
     agencies to support counter-insurgency operations and may be 
     merged with, and be available, for the same purposes and for 
     the same time period as the appropriation or fund to which 
     transferred or may be transferred pursuant to the authorities 
     contained in the Foreign Assistance Act of 1961:  Provided 
     further, That the Secretary of State shall, not fewer than 15 
     days prior to making transfers from this appropriation, 
     notify the Committees on Appropriations, in writing, of the 
     details of any such transfer:  Provided further, That the 
     Secretary of State shall submit not later than 30 days after 
     the end of each fiscal quarter to the Committees on 
     Appropriations a report in writing summarizing, on a project-
     by-project basis, the uses of funds under this heading:  
     Provided further, That upon determination by the Secretary of 
     State, with the concurrence of the Secretary of Defense, that 
     all or part of the funds so transferred from this 
     appropriation are not necessary for the purposes herein, such 
     amounts may be transferred by the head of the relevant 
     Federal department or agency back to this appropriation and 
     shall be available for the same purposes and for the same 
     time period as originally appropriated:  Provided further, 
     That any required notification or report may be submitted in 
     classified form:  Provided further, That the amount in this 
     paragraph is designated by Congress as being for overseas 
     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

                    global security contingency fund

                     (including transfer of funds)

       There is hereby established in the Treasury of the United 
     States the ``Global Security Contingency Fund''.
       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 and the Arms Export Control 
     Act to provide assistance, notwithstanding any other 
     provision of law except sections 620A and 620M of the Foreign 
     Assistance Act of 1961, as amended by this Act, for countries 
     designated by the Secretary of State to enhance the 
     capabilities of military and police forces, and other 
     security forces that conduct border and maritime security, 
     internal security, and counter-terrorism operations, as well 
     as government agencies responsible for such forces, and to 
     strengthen democratic institutions including the justice 
     sector (including corrections) and respect for human rights 
     and the rule of law, where the Secretary of State, in 
     consultation with the Secretary of Defense, determines that 
     conflict or instability in a country or region significantly 
     challenges the local capacity to deliver such

[[Page 17451]]

     assistance, $50,000,000, to remain available until September 
     30, 2013:  Provided, That such assistance programs shall be 
     formulated by the Secretary of State in consultation with the 
     Secretary of Defense:  Provided further, That programs 
     carried out under this heading shall be approved by the 
     Secretary of State, in consultation with the Secretary of 
     Defense, prior to implementation:  Provided further, That the 
     authorities and requirements of the Foreign Assistance Act of 
     1961 shall apply to funds made available under this heading:  
     Provided further, That funds made available to the Department 
     of Defense in fiscal year 2012 may be transferred to, and 
     merged with, funds appropriated under this heading by the 
     Secretary of Defense:  Provided further, That funds made 
     available under this heading may be transferred to the most 
     appropriate agency or account to facilitate the provision of 
     such assistance:  Provided further, That the transfer 
     authorities under this paragraph are in addition to any other 
     transfer authority available to the Department of Defense:  
     Provided further, That the amounts in this account may be 
     used for necessary administrative expenses of the agencies 
     planning and carrying out programs:  Provided further, That 
     the head of any agency may detail personnel to the Department 
     of State to carry out activities funded under this heading 
     with or without reimbursement for all or part of the costs of 
     salaries and other expenses associated with such personnel:  
     Provided further, that no obligation or transfer of funds may 
     be made unless the Secretary of State and the Secretary of 
     Defense have notified the Committees on Appropriations at 
     least 15 days prior to any such obligation or transfer:  
     Provided further, That the amount in this paragraph is 
     designated by Congress as being for overseas contingency 
     operations pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.

                           GENERAL PROVISIONS

       Sec. 8001.  Notwithstanding any other provision of law, 
     funds made available under the heading ``Overseas Contingency 
     Operations'' are in addition to amounts appropriated or 
     otherwise made available for the Department of State for 
     fiscal year 2012.
       Sec. 8002.  Unless otherwise provided for in this Act, 
     additional amounts appropriated under the heading ``Overseas 
     Contingency Operations'' to appropriation accounts in this 
     Act shall be available under the authorities and conditions 
     applicable to such appropriations accounts.
       Sec. 8003.  Notwithstanding any other provision of law 
     except section 620M of the Foreign Assistance Act, as amended 
     by this Act, funds appropriated by this title may be 
     transferred to, and merged with, funds appropriated by this 
     title under the headings ``Diplomatic and Consular 
     Programs'', ``Worldwide Security Protection'', ``Office of 
     Inspector General'', ``Contributions for International 
     Peacekeeping Activities'', ``United States Institute for 
     Peace'', ``United States Agency for International 
     Development, Funds Appropriated to the President, Operating 
     Expenses'', ``United States Agency for International 
     Development, Funds Appropriated to the President, Office of 
     Inspector General'', ``International Disaster Assistance'', 
     ``Transition Initiatives'', ``Complex Crises Fund'', 
     ``Economic Support Fund'', ``Migration and Refugee 
     Assistance'', ``International Narcotics Control and Law 
     Enforcement'', ``Nonproliferation, Anti-terrorism, Demining, 
     and Related Programs'', ``Peacekeeping Operations'', 
     ``Foreign Military Financing Program'', ``Pakistan Counter-
     insurgency Capability Fund'', and ``Global Stability 
     Contingency Fund'':  Provided, That such transfers shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That the 
     transfer authority in this section is in addition to any 
     transfer authority otherwise available under any other 
     provision of law, including section 610 of the Foreign 
     Assistance Act which may be exercised by the Secretary of 
     State for the purposes of this title.
        This Act may be cited as the ``Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2012''.
                                 ______
                                 
  SA 957. Mr. REID proposed an amendment to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
as follows:

       Strike out all after the enacting clause and insert the 
     following:

     DIVISION A--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for energy and water 
     development and related agencies for the fiscal year ending 
     September 30, 2012, and for other purposes, namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

       The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to rivers and harbors, 
     flood and storm damage reduction, short protection, aquatic 
     ecosystem restoration, and related efforts.

                         general investigations

       For expenses necessary where authorized by law for the 
     collection and study of basic information pertaining to river 
     and harbor, flood and storm damage reduction, shore 
     protection, aquatic ecosystem restoration, and related needs; 
     for surveys and detailed studies, and plans and 
     specifications of proposed river and harbor, flood and storm 
     damage reduction, shore protection, and aquatic ecosystem 
     restoration projects and related efforts prior to 
     construction; for restudy of authorized projects; and for 
     miscellaneous investigations and, when authorized by law, 
     surveys and detailed studies, and plans and specifications of 
     projects prior to construction, $125,000,000, to remain 
     available until expended.

                         construction, general

                     (including transfer of funds)

       For expenses necessary for the construction of river and 
     harbor, flood and storm damage reduction, shore protection, 
     aquatic ecosystem restoration, and related projects 
     authorized by law; for conducting detailed studies, and plans 
     and specifications, of such projects (including those 
     involving participation by States, local governments, or 
     private groups) authorized or made eligible for selection by 
     law (but such detailed studies, and plans and specifications, 
     shall not constitute a commitment of the Government to 
     construction); $1,610,000,000, to remain available until 
     expended; of which such sums as are necessary to cover the 
     Federal share of construction costs for facilities under the 
     Dredged Material Disposal Facilities program shall be derived 
     from the Harbor Maintenance Trust Fund as authorized by 
     Public Law 104-303; and of which such sums as are necessary 
     to cover one-half of the costs of construction, replacement, 
     rehabilitation, and expansion of inland waterways projects 
     (including only Lock and Dam 27, Mississippi River, Illinois; 
     Lock and Dams 2, 3, and 4 Monongahela River, Pennsylvania; 
     Olmsted Lock and Dam, Illinois and Kentucky; and Emsworth 
     Locks and Dam, Ohio River, Pennsylvania) shall be derived 
     from the Inland Waterways Trust Fund.

                   mississippi river and tributaries

       For expenses necessary for flood damage reduction projects 
     and related efforts in the Mississippi River alluvial valley 
     below Cape Girardeau, Missouri, as authorized by law, 
     $250,000,000, to remain available until expended, of which 
     such sums as are necessary to cover the Federal share of 
     eligible operation and maintenance costs for inland harbors 
     shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

       For expenses necessary for the operation, maintenance, and 
     care of existing river and harbor, flood and storm damage 
     reduction, aquatic ecosystem restoration, and related 
     projects authorized by law; providing security for 
     infrastructure owned or operated by the Corps, including 
     administrative buildings and laboratories; maintaining harbor 
     channels provided by a State, municipality, or other public 
     agency that serve essential navigation needs of general 
     commerce, where authorized by law; surveying and charting 
     northern and northwestern lakes and connecting waters; 
     clearing and straightening channels; and removing 
     obstructions to navigation, $2,360,000,000, to remain 
     available until expended, of which such sums as are necessary 
     to cover the Federal share of eligible operation and 
     maintenance costs for coastal harbors and channels, and for 
     inland harbors shall be derived from the Harbor Maintenance 
     Trust Fund; of which such sums as become available from the 
     special account for the Corps established by the Land and 
     Water Conservation Act of 1965 (16 U.S.C. 460l-6a(i)) shall 
     be derived from that account for resource protection, 
     research, interpretation, and maintenance activities related 
     to resource protection in areas managed by the Corps at which 
     outdoor recreation is available; and of which such sums as 
     become available from fees collected under section 217 of 
     Public Law 104-303 shall be used to cover the cost of 
     operation and maintenance of the dredged material disposal 
     facilities for which such fees have been collected.

                           regulatory program

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

            formerly utilized sites remedial action program

       For expenses necessary to clean up contamination from sites 
     in the United States resulting from work performed as part of 
     the Nation's early atomic energy program, $109,000,000, to 
     remain available until expended.

                 flood control and coastal emergencies

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

[[Page 17452]]



                            general expenses

       For expenses necessary for the supervision and general 
     administration of the civil works program in the headquarters 
     of the United States Army Corps of Engineers and the offices 
     of the Division Engineers; and for the management and 
     operation of the Humphreys Engineer Center Support Activity, 
     the Institute for Water Resources, the United States Army 
     Engineer Research and Development Center, and the United 
     States Army Corps of Engineers Finance Center, $185,000,000, 
     to remain available until September 30, 2013, of which not to 
     exceed $5,000 may be used for official reception and 
     representation purposes and only during the current fiscal 
     year:  Provided, That no part of any other appropriation 
     provided in title I of this Act shall be available to fund 
     the civil works activities of the Office of the Chief of 
     Engineers or the civil works executive direction and 
     management activities of the division offices:  Provided 
     further, That any Flood Control and Coastal Emergencies 
     appropriation may be used to fund the supervision and general 
     administration of emergency operations, repairs, and other 
     activities in response to any flood, hurricane, or other 
     natural disaster.

     office of the assistant secretary of the army for civil works

       For the Office of the Assistant Secretary of the Army for 
     Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
     $5,000,000, to remain available until September 30, 2013.

                        administrative provision

       The Revolving Fund, Corps of Engineers, shall be available 
     during the current fiscal year for purchase (not to exceed 
     100 for replacement only) and hire of passenger motor 
     vehicles for the civil works program.

             general provisions--corps of engineers--civil

       Sec. 101. (a) None of the funds provided in title I of this 
     Act, or provided by previous appropriations Acts to the 
     agencies or entities funded in title I of this Act that 
     remain available for obligation or expenditure in fiscal year 
     2010, shall be available for obligation or expenditure 
     through a reprogramming of funds that:
       (1) creates or initiates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     this Act, unless prior approval is received from the House 
     and Senate Committees on Appropriations;
       (4) proposes to use funds directed for a specific activity 
     for a different purpose, unless prior approval is received 
     from the House and Senate Committees on Appropriations;
       (5) augments or reduces existing programs, projects or 
     activities in excess of the amounts contained in subsections 
     6 through 10, unless prior approval is received from the 
     House and Senate Committees on Appropriations;
       (6) General investigations.--For a base level over 
     $100,000, reprogramming of 25 percent of the base amount up 
     to a limit of $150,000 per project, study or activity is 
     allowed:  Provided, That for a base level less than $100,000, 
     the reprogramming limit is $25,000:  Provided further, That 
     up to $25,000 may be reprogrammed into any continuing study 
     or activity that did not receive an appropriation for 
     existing obligations and concomitant administrative expenses;
       (7) Construction, general.--For a base level over 
     $2,000,000, reprogramming of 15 percent of the base amount up 
     to a limit of $3,000,000 per project, study or activity is 
     allowed:  Provided, That for a base level less than 
     $2,000,000, the reprogramming limit is $300,000:  Provided 
     further, That up to $3,000,000 may be reprogrammed for 
     settled contractor claims, changed conditions, or real estate 
     deficiency judgments:  Provided further, That up to $300,000 
     may be reprogrammed into any continuing study or activity 
     that did not receive an appropriation for existing 
     obligations and concomitant administrative expenses;
       (8) Operation and maintenance.--Unlimited reprogramming 
     authority is granted in order for the Corps to be able to 
     respond to emergencies:  Provided, That the Chief of 
     Engineers must notify the House and Senate Committees on 
     Appropriations of these emergency actions as soon thereafter 
     as practicable:  Provided further, That for a base level over 
     $1,000,000, reprogramming of 15 percent of the base amount a 
     limit of $5,000,000 per project, study or activity is 
     allowed:  Provided further, That for a base level less than 
     $1,000,000, the reprogramming limit is $150,000:  Provided 
     further, That $150,000 may be reprogrammed into any 
     continuing study or activity that did not receive an 
     appropriation;
       (9) Mississippi river and tributaries.--The same 
     reprogramming guidelines for the Investigations, 
     Construction, and Operation and Maintenance portions of the 
     Mississippi River and Tributaries Account as listed above; 
     and
       (10) Formerly utilized sites remedial action program.--
     Reprogramming of up to 15 percent of the base of the 
     receiving project is permitted.
       (b) De Minimus Reprogrammings.--In no case should a 
     reprogramming for less than $50,000 be submitted to the House 
     and Senate Committees on Appropriations.
       (c) Continuing Authorities Program.--Subsection (a)(1) 
     shall not apply to any project or activity funded under the 
     continuing authorities program.
       (d) Not later than 60 days after the date of enactment of 
     this Act, the Corps of Engineers shall submit a report to the 
     House and Senate Committees on Appropriations to establish 
     the baseline for application of reprogramming and transfer 
     authorities for the current fiscal year:  Provided, That the 
     report shall include:
       (1) A table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) A delineation in the table for each appropriation both 
     by object class and program, project and activity as detailed 
     in the budget appendix for the respective appropriations; and
       (3) An identification of items of special congressional 
     interest.
       Sec. 102.  None of the funds in this Act, or previous Acts, 
     making funds available to the Corps, shall be used to 
     implement any pending or future competitive sourcing actions 
     under OMB Circular A-76 or High Performing Organizations.
       Sec. 103.  None of the funds in this Act, or previous Acts, 
     making funds available to the Corps, shall be used to award 
     any continuing contract that commits additional funding from 
     the Inland Waterways Trust Fund unless or until such time 
     that a long-term mechanism to enhance revenues in this Fund 
     sufficient to meet the cost-sharing authorized in the Water 
     Resources Development Act of 1986 (Public Law 99-662), as 
     amended, is enacted.
       Sec. 104.  Within 120 days of the date of the Chief of 
     Engineers Report on a water resource matter, the Assistant 
     Secretary of the Army (Civil Works) shall submit the report 
     to the appropriate authorizing and appropriating committees 
     of the Congress.
       Sec. 105.  During the fiscal year period covered by this 
     Act, the Secretary of the Army is authorized to implement 
     measures recommended in the efficacy study authorized under 
     section 3061 of the Water Resources Development Act of 2007 
     (121 Stat. 1121) or in interim reports, with such 
     modifications or emergency measures as the Secretary of the 
     Army determines to be appropriate, to prevent aquatic 
     nuisance species from dispersing into the Great Lakes by way 
     of any hydrologic connection between the Great Lakes and the 
     Mississippi River Basin.
       Sec. 106.  The Secretary is authorized to transfer to the 
     ``Construction'' account up to $100,000,000 of the funds 
     provided for reinforcing or replacing flood walls under the 
     ``Flood Control and Coastal Emergencies'' heading in Public 
     Law 109-234 (120 Stat. 455) and Public Law 110-252 (122 Stat. 
     2350) and up to $75,000,000 of the funds provided for 
     projects and measures for the West Bank and Vicinity and Lake 
     Ponchartrain and Vicinity projects under the ``Flood Control 
     and Coastal Emergencies'' heading in Public Law 110-28 (121 
     Stat. 153) to be used with funds provided for the West Bank 
     and Vicinity project under the ``Construction'' heading in 
     Public Law 110-252 (122 Stat. 2349) and Public Law 110-329 
     (122 Stat. 3589), consistent with 65 percent Federal and 35 
     percent non-Federal cost share and the financing of, and 
     payment terms for, the non-Federal cash contribution 
     associated with the West Bank and Vicinity project.
       Sec. 107.  The Secretary of the Army may authorize a member 
     of the Armed Forces under the Secretary's jurisdiction and 
     employees of the Department of the Army to serve without 
     compensation as director, officer, or otherwise in the 
     management of the organization established to support and 
     maintain the participation of the United States in the 
     permanent international commission of the congresses of 
     navigation, or any successor entity.
       Sec. 108. (a) Acquisition.--The Secretary is authorized to 
     acquire any real property and associated real property 
     interests in the vicinity of Hanover, New Hampshire as may be 
     needed for the Engineer Research and Development Center 
     laboratory facilities at the Cold Regions Research and 
     Engineering Laboratory. This real property to be acquired 
     consists of 18.5 acres more or less, identified as Tracts 
     101-1 and 101-2, together with all necessary easements 
     located entirely within the Town of Hanover, New Hampshire. 
     The real property is generally bounded to the east by state 
     route 10-Lyme Road, to the north by the vacant property of 
     the Trustees of the Dartmouth College, to the south by 
     Fletcher Circle graduate student housing owned by the 
     Trustees of Dartmouth College, and to the west by 
     approximately 9 acres of real property acquired in fee 
     through condemnation in 1981 by the Secretary of the Army.
       (b) Revolving Fund.--The Secretary is authorized to use the 
     Revolving Fund (33 U.S.C. 576) through the Plant Replacement 
     and Improvement Program to acquire the real property and 
     associated real property interests in subsection (a). The 
     Secretary shall ensure that the Revolving Fund is 
     appropriately reimbursed from the benefiting appropriations.

[[Page 17453]]

       (c) Right of First Refusal.--The Secretary may provide the 
     Seller of any real property and associated property interests 
     identified in subsection (a)--
       (1) a right of first refusal to acquire such property, or 
     any portion thereof, in the event the property, or any 
     portion thereof, is no longer needed by the Department of the 
     Army.
       (2) a right of first refusal to acquire any real property 
     or associated real property interests acquired by 
     condemnation in Civil Action No. 81-360-L, in the event the 
     property, or any portion thereof, is no longer needed by the 
     Department of the Army.
       (3) the purchase of any property by the Seller exercising 
     either right of first refusal authorized in this section 
     shall be for consideration acceptable to the Secretary and 
     shall be for not less than fair market value at the time the 
     property becomes available for purchase. The right of first 
     refusal authorized in this section shall not inure to the 
     benefit of the Sellers successors or assigns.
       (d) Disposal.--The Secretary of the Army is authorized to 
     dispose of any property or associated real property interests 
     that are subject to the exercise of the right of first 
     refusal as set forth herein.
       Sec. 109.  The Secretary of the Army may transfer, and the 
     Fish and Wildlife Service may accept and expend, up to 
     $3,800,000 of funds provided in this title under the heading 
     ``Operation and Maintenance'', to mitigate for fisheries lost 
     due to Corps of Engineers projects.
       Sec. 110.  The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to fully utilize the Federal 
     dredging fleet in support of all Army Corps of Engineers 
     missions and no restrictions shall be placed on the use or 
     maintenance of any dredge in the Federal Fleet.
       Sec. 111.  The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to maintain the Federal 
     dredging fleet to technologically modern and efficient 
     standards.
       Sec. 112.  The Secretary of the Army, acting through the 
     Chief of Engineers is directed to utilize funds from the 
     revolving fund to expeditiously undertake necessary health 
     and safety improvements, including lead and asbestos 
     abatement, to the dredge ``McFarland'':  Provided, That the 
     Secretary shall ensure that the Revolving Fund is 
     appropriately reimbursed from appropriations of the Corps' 
     benefiting programs by collection each year of amounts 
     sufficient to repay the capitalized cost of such construction 
     and improvements.
       Sec. 113.  With respect to the property covered by the deed 
     described in Auditor's instrument No. 2006-014428 of Benton 
     County, Washington, approximately 1.5 acres, the following 
     deed restrictions are hereby extinguished and of no further 
     force and effect:
       (1) The reversionary interest and use restrictions related 
     to port and industrial purposes;
       (2) The right for the District Engineer to review all pre-
     construction plans and/or specifications pertaining to 
     construction and/or maintenance of any structure intended for 
     human habitation, other building structure, parking lots, or 
     roads, if the elevation of the property is above the standard 
     project flood elevation; and
       (3) The right of the District Engineer to object to, and 
     thereby prevent, in his/her discretion, such activity.
       Sec. 114.  That portion of the project for navigation, 
     Block Island Harbor of Refuge, Rhode Island adopted by the 
     Rivers and Harbors Act of July 11, 1870, consisting of the 
     cut-stone breakwater lining the west side of the Inner Basin; 
     beginning at a point with coordinates N32579.55, E312625.53, 
     thence running northerly about 76.59 feet to a point with 
     coordinates N32655.92, E312631.32, thence running northerly 
     about 206.81 feet to a point with coordinates N32858.33, 
     E312673.74, thence running easterly about 109.00 feet to a 
     point with coordinates N32832.15, E312779.54, shall no longer 
     be authorized after the date of enactment.
       Sec. 115.  The Secretary of the Army, acting through the 
     Chief of Engineers, is authorized, using amounts available in 
     the Revolving Fund established by section 101 of the Act of 
     July 27, 1953, chap. 245 (33 U.S.C. 576), to construct a 
     Consolidated Infrastructure Research Equipment Facility, an 
     Environmental Processes and Risk Lab, a Hydraulic Research 
     Facility, an Engineer Research and Development Center 
     headquarters building, a Modular Hydraulic Flume building, 
     and to purchase real estate, perform construction, and make 
     facility, utility, street, road, and infrastructure 
     improvements to the Engineer Research and Development 
     Center's installations and facilities. The Secretary shall 
     ensure that the Revolving Fund is appropriately reimbursed 
     from the benefitting appropriations.
       Sec. 116.  Section 1148 of the Water Resources Development 
     Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Disposition of Acquired Land.--The Secretary may 
     transfer land acquired under this section to the non-Federal 
     sponsor by quitclaim deed subject to such terms and 
     conditions as the Secretary determines to be in the public 
     interest.''.
       Sec. 117.  The New London Disposal Site and the Cornfield 
     Shoals Disposal Site in Long Island Sound selected by the 
     Department of the Army as alternative dredged material 
     disposal sites under section 103(b) of the Marine Protection, 
     Research, and Sanctuaries Act of 1972, as amended, shall 
     remain open until completion of a Supplemental Environmental 
     Impact Statement to support final designation of an Ocean 
     Dredged Material Disposal Site in eastern Long Island Sound 
     under section 102(c) of the Marine Protection, Research, and 
     Sanctuaries Act of 1972.
       Sec. 118. (a) That portion of the project for navigation, 
     Newport Harbor, Rhode Island adopted by the Rivers and 
     Harbors Acts of March 2, 1907 (34 Stat. 1075); June 25, 1910 
     (36 Stat. 632); August 26, 1937 (50 Stat. 845); and, modified 
     by the Consolidated Appropriations Act, 2000, Public Law 106-
     113, appendix E, title II, section 221 (113 Stat. 1501A-298); 
     consisting of a 13-foot anchorage, an 18-foot anchorage, a 
     21-foot channel, and 18-foot channels described by the 
     following shall no longer be authorized after the date of 
     enactment of this Act: the 21-Foot Entrance Channel, 
     beginning at a point (1) with coordinates 374986.03, 
     150611.01; thence running south 46 degrees 54 minutes 30.7 
     seconds east 900.01 feet to a point (2) with coordinates 
     375643.27, 149996.16; thence running south 8 degrees 4 
     minutes 58.3 east 2,376.87 feet to a point (3) with 
     coordinates 375977.47, 147643.00; thence running south 4 
     degrees 28 minutes 20.4 seconds west 738.56 feet to a point 
     (4) with coordinates 375919.88, 146906.60; thence running 
     south 6 degrees 2 minutes 42.4 seconds east 1,144.00 feet to 
     a point (5) with coordinates 376040.35, 145768.96; thence 
     running south 34 degrees 5 minutes 51.7 seconds west 707.11 
     feet to a point (6) with coordinates 375643.94, 145183.41; 
     thence running south 73 degrees 11 minutes 42.9 seconds west 
     1,300.00 feet to the end point (7) with coordinates 
     374399.46, 144807.57; Returning at a point with coordinates 
     (8) with coordinates 374500.64, 144472.51; thence running 
     north 73 degrees 11 minutes 42.9 seconds east 1,582.85 feet 
     to a point (9) with coordinates 376015.90, 144930.13; thence 
     running north 34 degrees 5 minutes 51.7 seconds east 615.54 
     feet to a point (10) with coordinates 376360.97, 145439.85; 
     thence running north 2 degrees 10 minutes 43.3 seconds west 
     2,236.21 feet to a point (11) with coordinates 376275.96, 
     147674.45; thence running north 8 degrees 4 minutes 55.6 
     seconds west 2,652.83 feet to a point (12) with coordinates 
     375902.99, 150300.93; thence running north 46 degrees 54 
     minutes 30.7 seconds west 881.47 feet to an end point (13) 
     with coordinates 375259.29, 150903.12; and the 18-Foot South 
     Goat Island Channel beginning at a point (14) with 
     coordinates 375509.09, 149444.83; thence running south 25 
     degrees 44 minutes 0.5 second east 430.71 feet to a point 
     (15) with coordinates 375696.10, 149056.84; thence running 
     south 10 degrees 13 minutes 27.4 seconds east 1,540.89 feet 
     to a point (16) with coordinates 375969.61, 147540.41; thence 
     running south 4 degrees 29 minutes 11.3 seconds west 1,662.92 
     feet to a point (17) with coordinates 375839.53, 145882.59; 
     thence running south 34 degrees 5 minutes 51.7 seconds west 
     547.37 feet to a point (18) with coordinates 375532.67, 
     145429.32; thence running south 86 degrees 47 minutes 37.7 
     seconds west 600.01 feet to an end point (19) with 
     coordinates 374933.60, 145395.76; and the 18-Foot Entrance 
     Channel beginning at a point (20) with coordinates 374567.14, 
     144252.33; thence running north 73 degrees 11 minutes 42.9 
     seconds east 1,899.22 feet to a point (21) with coordinates 
     376385.26, 144801.42; thence running north 2 degrees 10 
     minutes 41.5 seconds west 638.89 feet to an end point (10) 
     with coordinates 376360.97, 145439.85; and the 18-Foot South 
     Anchorage beginning at a point (22) with coordinates 
     376286.81, 147389.37; thence running north 78 degrees 56 
     minutes 15.6 seconds east 404.86 feet to a point (23) with 
     coordinates 376684.14, 147467.05; thence running north 78 
     degrees 56 minutes 15.6 seconds east 1,444.33 feet to a point 
     (24) with coordinates 378101.63, 147744.18; thence running 
     south 5 degrees 18 minutes 43.8 seconds west 1,228.20 feet to 
     a point (25) with coordinates 377987.92, 146521.26; thence 
     running south 3 degrees 50 minutes 3.4 seconds east 577.84 
     feet to a point (26) with coordinates 378026.56, 145944.71; 
     thence running south 44 degrees 32 minutes 14.7 seconds west 
     2,314.09 feet to a point (27) with coordinates 376403.52, 
     144295.24 thence running south 60 degrees 5 minutes 58.2 
     seconds west 255.02 feet to an end point (28) with 
     coordinates 376182.45, 144168.12; and the 13-Foot Anchorage 
     beginning at a point (29) with coordinates 376363.39, 
     143666.99; thence running north 63 degrees 34 minutes 19.3 
     seconds east 1,962.37 feet to a point (30) with coordinates 
     378120.68, 144540.38; thence running north 3 degrees 50 
     minutes 3.1 seconds west 1,407.47 feet to an end point (26) 
     with coordinates 378026.56, 145944.71; and the 18-Foot East 
     Channel beginning at a point (23) with coordinates 376684.14, 
     147467.05; thence running north 2 degrees 10 minutes 43.3 
     seconds west 262.95 feet to a point (31) with coordinates 
     376674.14, 147729.81; thence running north 9 degrees 42 
     minutes 20.3 seconds west 301.35 feet to a point (32) with 
     coordinates 376623.34, 148026.85; thence running south 80 
     degrees 17 minutes 42.4 seconds west 313.6 feet to a point 
     (33) with coordinates 376314.23, 147973.99; thence running 
     north 7 degrees 47 minutes 21.9 seconds west 776.24 feet to 
     an

[[Page 17454]]

     end point (34) with coordinates 376209.02, 148743.06; and the 
     18-Foot North Anchorage beginning at a point (35) with 
     coordinates 376123.98, 148744.69; thence running south 88 
     degrees 54 minutes 16.2 seconds east 377.90 feet to a point 
     (36) with coordinates 376501.82, 148737.47; thence running 
     north 9 degrees 42 minutes 19.0 seconds west 500.01 feet to a 
     point (37) with coordinates 376417.52, 149230.32; thence 
     running north 6 degrees 9 minutes 53.2 seconds west 1,300.01 
     feet to an end point (38) with coordinates 376277.92, 
     150522.81.
       (b) The area described by the following shall be 
     redesignated as an eighteen-foot channel and turning basin: 
     Beginning at a point (1) with coordinates N144759.41, 
     E374413.16; thence running north 73 degrees 11 minutes 42.9 
     seconds east 1,252.88 feet to a point (2) with coordinates 
     N145121.63, E375612.53; thence running north 26 degrees 29 
     minutes 48.1 seconds east 778.89 feet to a point (3) with 
     coordinates N145818.71, E375960.04; thence running north 0 
     degrees 3 minutes 38.1 seconds west 1,200.24 feet to a point 
     (4) with coordinates N147018.94, E375958.77; thence running 
     north 2 degrees 22 minutes 45.2 seconds east 854.35 feet to a 
     point (5) with coordinates N147872.56, E375994.23; thence 
     running north 7 degrees 47 minutes 21.9 seconds west 753.83 
     feet to a point (6) with coordinates N148619.44, E375892.06; 
     thence running north 88 degrees 46 minutes 16.7 seconds east 
     281.85 feet to a point (7) with coordinates N148625.48, 
     E376173.85; thence running south 7 degrees 47 minutes 21.9 
     seconds east 716.4 feet to a point (8) with coordinates 
     N147915.69, E376270.94; thence running north 80 degrees 17 
     minutes 42.3 seconds east 315.3 feet to a point (9) with 
     coordinates N147968.85, E.76581.73; thence running south 9 
     degrees 42 minutes 20.3 seconds east 248.07 feet to a point 
     (10) with coordinates N147724.33, E376623.55; thence running 
     south 2 degrees 10 minutes 43.3 seconds east 318.09 feet to a 
     point (11) with coordinates N147406.47, E376635.64; thence 
     running north 78 degrees 56 minutes 15.6 seconds east 571.11 
     feet to a point (12) with coordinates N147516.06, E377196.15; 
     thence running south 88 degrees 57 minutes 2.3 seconds east 
     755.09 feet to a point (13) with coordinates N147502.23, 
     E377951.11; thence running south 1 degree 2 minutes 57.7 
     seconds west 100.00 feet to a point (14) with coordinates 
     N147402.25, E377949.28; thence running north 88 degrees 57 
     minutes 2.3 seconds west 744.48 feet to a point (15) with 
     coordinates N147415.88, E377204.92; thence running south 78 
     degrees 56 minutes 15.6 seconds west 931.17 feet to a point 
     (16) with coordinates N147237.21, E376291.06; thence running 
     south 39 degrees 26 minutes 18.7 seconds west 208.34 feet to 
     a point (17) with coordinates N147076.31, E376158.71; thence 
     running south 0 degrees 3 minutes 38.1 seconds east 1,528.26 
     feet to a point (18) with coordinates N145548.05, E376160.32; 
     thence running south 26 degrees 29 minutes 48.1 seconds west 
     686.83 feet to a point (19) with coordinates N144933.37, 
     E375853.90; thence running south 73 degrees 11 minutes 42.9 
     seconds west 1,429.51 feet to end at a point (20) with 
     coordinates N144520.08, E374485.44.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $28,991,000, to remain available 
     until expended, of which $2,000,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account for 
     use by the Utah Reclamation Mitigation and Conservation 
     Commission, and of which $1,550,000 for necessary expenses 
     incurred in carrying out related responsibilities of the 
     Secretary of the Interior. For fiscal year 2012, the 
     Commission may use an amount not to exceed $1,500,000 for 
     administrative expenses.

                      water and related resources

                     (including transfers of funds)

       The following appropriations shall be expended to execute 
     authorized functions of the Bureau of Reclamation:
       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, federally recognized Indian 
     tribes, and others, $885,670,000, to remain available until 
     expended, of which $10,698,000 shall be available for 
     transfer to the Upper Colorado River Basin Fund and 
     $6,136,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund; of which such amounts 
     as may be necessary may be advanced to the Colorado River Dam 
     Fund:  Provided, That such transfers may be increased or 
     decreased within the overall appropriation under this 
     heading:  Provided further, That of the total appropriated, 
     the amount for program activities that can be financed by the 
     Reclamation Fund or the Bureau of Reclamation special fee 
     account established by 16 U.S.C. 460L-6a(i) shall be derived 
     from that Fund or account:  Provided further, That funds 
     contributed under 43 U.S.C. 395 are available until expended 
     for the purposes for which contributed:  Provided further, 
     That funds advanced under 43 U.S.C. 397a shall be credited to 
     this account and are available until expended for the same 
     purposes as the sums appropriated under this heading:  
     Provided further, That of the amounts provided herein, funds 
     may be used for high priority projects which shall be carried 
     out by the Youth Conservation Corps, as authorized by 16 
     U.S.C. 1706.

                central valley project restoration fund

       For carrying out the programs, projects, plans, habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $53,068,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), and 3405(f) of Public Law 102-575, to remain 
     available until expended:  Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575:  
     Provided further, That none of the funds made available under 
     this heading may be used for the acquisition or leasing of 
     water for in-stream purposes if the water is already 
     committed to in-stream purposes by a court adopted decree or 
     order.

                    california bay-delta restoration

                     (including transfers of funds)

       For carrying out activities authorized by the Water Supply, 
     Reliability, and Environmental Improvement Act, consistent 
     with plans to be approved by the Secretary of the Interior, 
     $39,651,000, to remain available until expended, of which 
     such amounts as may be necessary to carry out such activities 
     may be transferred to appropriate accounts of other 
     participating Federal agencies to carry out authorized 
     purposes:  Provided, That funds appropriated herein may be 
     used for the Federal share of the costs of CALFED Program 
     management:  Provided further, That the use of any funds 
     provided to the California Bay-Delta Authority for program-
     wide management and oversight activities shall be subject to 
     the approval of the Secretary of the Interior:  Provided 
     further, That CALFED implementation shall be carried out in a 
     balanced manner with clear performance measures demonstrating 
     concurrent progress in achieving the goals and objectives of 
     the Program.

                       policy and administration

       For necessary expenses of policy, administration, and 
     related functions in the Office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until September 30, 2013, 
     $60,000,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377:  Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

       Sec. 201. (a) None of the funds provided in title II of 
     this Act for Water and Related Resources, or provided by 
     previous appropriations Acts to the agencies or entities 
     funded in title II of this Act for Water and Related 
     Resources that remain available for obligation or expenditure 
     in fiscal year 2010, shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       (1) initiates or creates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by this Act, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate;
       (4) restarts or resumes any program, project or activity 
     for which funds are not provided in this Act, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate;
       (5) transfers funds in excess of the following limits, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:
       (A) 15 percent for any program, project or activity for 
     which $2,000,000 or more is available at the beginning of the 
     fiscal year; or
       (B) $300,000 for any program, project or activity for which 
     less than $2,000,000 is available at the beginning of the 
     fiscal year;
       (6) transfers more than $500,000 from either the Facilities 
     Operation, Maintenance, and Rehabilitation category or the 
     Resources Management and Development category to any program, 
     project, or activity in the other category, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate; or
       (7) transfers, where necessary to discharge legal 
     obligations of the Bureau of Reclamation, more than 
     $5,000,000 to provide adequate funds for settled contractor 
     claims, increased contractor earnings due to accelerated 
     rates of operations, and real estate deficiency judgments, 
     unless prior approval is

[[Page 17455]]

     received from the Committees on Appropriations of the House 
     of Representatives and the Senate.
       (b) Subsection (a)(5) shall not apply to any transfer of 
     funds within the Facilities Operation, Maintenance, and 
     Rehabilitation category.
       (c) For purposes of this section, the term ``transfer'' 
     means any movement of funds into or out of a program, 
     project, or activity.
       (d) The Bureau of Reclamation shall submit reports on a 
     quarterly basis to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing all the 
     funds reprogrammed between programs, projects, activities, or 
     categories of funding. The first quarterly report shall be 
     submitted not later than 60 days after the date of enactment 
     of this Act.
       Sec. 202. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program-Alternative 
     Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan'' 
     described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       Sec. 203.  Section 529(b)(3) of Public Law 106-541, as 
     amended by section 115 of Public Law 109-103, is further 
     amended by striking ``$20,000,000'' and inserting 
     ``$30,000,000'' in lieu thereof.
       Sec. 204.  Section 8 of the Water Desalination Act of 1996 
     (42 U.S.C. 10301 note; Public Law 104-298) is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``2011'' and inserting ``2016''; and
       (2) in subsection (b), by striking ``$25,000,000 for fiscal 
     years 1997 through 2011'' and inserting ``$3,000,000 for each 
     of fiscal years 2012 through 2016''.
       Sec. 205. (a) Permitted Uses.--Section 2507(b) of the Farm 
     Security and Rural Investment Act of 2002 (43 U.S.C. 2211 
     note; Public Law 107-171) is amended--
       (1) in the matter preceding paragraph (1), by striking ``In 
     any case in which there are willing sellers'' and inserting 
     ``For the benefit of at-risk natural desert terminal lakes 
     and associated riparian and watershed resources, in any case 
     in which there are willing sellers or willing participants'';
       (2) in paragraph (2), by striking ``in the Walker River'' 
     and all that follows through ``119 Stat. 2268)''; and
       (3) in paragraph (3), by striking ``in the Walker River 
     Basin''.
       (b) Walker Basin Restoration Program.--Section 208(b) of 
     the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2858) 
     is amended--
       (1) in paragraph (1)(B)(iv), by striking ``exercise water 
     rights'' and inserting ``manage land, water appurtenant to 
     the land, and related interests''; and
       (2) in paragraph (2)(A), by striking ``The amount made 
     available under subsection (a)(1) shall be provided to the 
     National Fish and Wildlife Foundation'' and inserting ``Any 
     amount made available to the National Fish and Wildlife 
     Foundation under subsection (a) shall be provided''.
       Sec. 206.  The Federal policy for addressing California's 
     water supply and environmental issues related to the Bay-
     Delta shall be consistent with State law, including the co-
     equal goals of providing a more reliable water supply for the 
     State of California and protecting, restoring, and enhancing 
     the Delta ecosystem. The Secretary of the Interior, the 
     Secretary of Commerce, the Army Corps of Engineers and the 
     Environmental Protection Agency Administrator shall jointly 
     coordinate the efforts of the relevant agencies and work with 
     the State of California and other stakeholders to complete 
     and issue the Bay Delta Conservation Plan Final Environmental 
     Impact Statement no later than February 15, 2013. Nothing 
     herein modifies existing requirements of Federal law.
       Sec. 207.  The Secretary of the Interior may participate in 
     non-Federal groundwater banking programs to increase the 
     operational flexibility, reliability, and efficient use of 
     water in the State of California, and this participation may 
     include making payment for the storage of Central Valley 
     Project water supplies, the purchase of stored water, the 
     purchase of shares or an interest in ground banking 
     facilities, or the use of Central Valley Project water as a 
     medium of payment for groundwater banking services:  
     Provided, That the Secretary of the Interior shall 
     participate in groundwater banking programs only to the 
     extent allowed under State law and consistent with water 
     rights applicable to the Central Valley Project:  Provided 
     further, That any water user to which banked water is 
     delivered shall pay for such water in the same manner 
     provided by that water user's then-current Central Valley 
     Project water service, repayment, or water rights settlement 
     contract at the rate provided by the then-current Central-
     Valley Project Irrigation or Municipal and Industrial Rate 
     Setting Policies; and:  Provided further, That in 
     implementing this section, the Secretary of the Interior 
     shall comply with applicable environmental laws, including 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) Nothing herein shall alter or limit the 
     Secretary's existing authority to use groundwater banking to 
     meet existing fish and wildlife obligations.
       Sec. 208. (a) Subject to compliance with all applicable 
     Federal and State laws, a transfer of irrigation water among 
     Central Valley Project contractors from the Friant, San 
     Felipe, West San Joaquin, and Delta divisions, and a transfer 
     from a long-term Friant Division water service or repayment 
     contractor to a temporary or prior temporary service 
     contractors within the place of use in existence on the date 
     of the transfer, as identified in the Bureau of Reclamation 
     water rights permits for the Friant Division, shall be 
     considered to meet the conditions described in subparagraphs 
     (A) and (I) of section 3405(a)(1) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4709).
       (b) The Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service and 
     the Commissioner of the Bureau of Reclamation shall initiate 
     and complete, on the most expedited basis practicable, 
     programmatic environmental compliance so as to facilitate 
     voluntary water transfers within the Central Valley Project, 
     consistent with all applicable Federal and State law.
       (c) Not later than 180 days after the date of enactment of 
     this Act and each of the 4 years thereafter, the Commissioner 
     of the Bureau of Reclamation shall submit to the committee on 
     Appropriations of the House of Representatives and the 
     Committee on Appropriations of the Senate a report that 
     describes the status of efforts to help facilitate and 
     improve the water transfers within the Central Valley Project 
     and water transfers between the Central Valley Project and 
     other water projects in the State of California; evaluates 
     potential effects of this Act on Federal programs, Indian 
     tribes, Central Valley Project operations, the environment, 
     groundwater aquifers, refuges, and communities; and provides 
     recommendations on ways to facilitate and improve the process 
     for these transfers.
       Sec. 209.  Section 10009(c)(2) of the San Joaquin River 
     Restoration Settlement Act (Public Law 111-11; 123 Stat. 
     1356) is amended by striking ``October 1, 2019, all funds in 
     the Fund shall be available for expenditure without further 
     appropriation.'' and inserting ``October 1, 2014, all funds 
     in the Fund shall be available for expenditure on an annual 
     basis in an amount not to exceed $40,000,000 without further 
     appropriation.'' in lieu thereof.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy efficiency and 
     renewable energy activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $1,795,641,000, to 
     remain available until expended:  Provided, That $165,000,000 
     shall be available until September 30, 2013 for program 
     direction:  Provided further, That of the amount 
     appropriated, the Secretary may use not more than 
     $170,000,000 for activities of the Department of Energy 
     pursuant to the Defense Production Act of 1950 (50 U.S.C. 
     App. 2061, et seq.):  Provided further, That within 12 months 
     of the date of enactment, the Secretary shall initiate 
     separate rulemakings to establish efficiency standards for 
     televisions and set top television boxes.

              Electricity Delivery and Energy Reliability

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for electricity delivery and 
     energy reliability activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $141,010,000, to 
     remain available until expended:  Provided, That $27,010,000 
     shall be available until September 30, 2013 for program 
     direction.

[[Page 17456]]



                             Nuclear Energy

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for nuclear energy activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not more than 10 buses, all 
     for replacement only, $583,834,000, to remain available until 
     expended:  Provided, That $86,279,000 shall be available 
     until September 30, 2013 for program direction:  Provided 
     further, That, notwithstanding any other provision of law, 
     the Department shall develop a strategy within 3 months of 
     the publication of the final report of the Blue Ribbon 
     Commission on America's Nuclear Future to manage spent 
     nuclear fuel and other nuclear waste at consolidated storage 
     facilities and permanent repositories that can be implemented 
     as expeditiously as possible.

                 Fossil Energy Research and Development

                         (including rescission)

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $445,471,000, to remain available until expended:  Provided, 
     That $151,729,000 shall be available until September 30, 2013 
     for program direction:  Provided further, That for all 
     programs funded under Fossil Energy appropriations in this 
     Act or any other Act, the Secretary may vest fee title or 
     other property interests acquired under projects in any 
     entity, including the United States:  Provided further, That 
     of prior-year balances, $187,000,000 are hereby rescinded:  
     Provided further, That no rescission made by the previous 
     proviso shall apply to any amount previously appropriated in 
     Public Law 111-5 or designated by the Congress as an 
     emergency requirement pursuant to a concurrent resolution on 
     the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                 Naval Petroleum and Oil Shale Reserves

       For expenses necessary to carry out naval petroleum and oil 
     shale reserve activities, $14,909,000, to remain available 
     until expended:  Provided, That, notwithstanding any other 
     provision of law, unobligated funds remaining from prior 
     years shall be available for all naval petroleum and oil 
     shale reserve activities.

                      Strategic Petroleum Reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $192,704,000, 
     to remain available until expended.

                         spr petroleum account

       Notwithstanding sections 161 and 167 of the Energy Policy 
     and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of 
     Energy shall sell $500,00,000 in petroleum products from the 
     Reserve not later than March 1, 2012, and shall deposit any 
     proceeds from such sales in the General Fund of the Treasury: 
      Provided, That paragraphs (a)(1) and (2) of section 160 of 
     the Energy Policy and Conservation Act of 1975 (42 U.S.C. 
     6240(a)(1) and (2)) are hereby repealed:  Provided further, 
     That unobligated balances in this account shall be available 
     to cover the costs of any sale under this Act.

                   Northeast Home Heating Oil Reserve

                         (including rescission)

       For necessary expenses for Northeast Home Heating Oil 
     Reserve storage, operation, and management activities 
     pursuant to the Energy Policy and Conservation Act, 
     $10,119,000, to remain available until expended:  Provided, 
     That amounts net of the purchase of 1 million barrels of 
     petroleum distillates in fiscal year 2011; costs related to 
     transportation, delivery, and storage; and sales of petroleum 
     distillate from the Reserve under section 182 of the Energy 
     Policy and Conservation Act of 1975 (42 U.S.C. 6250a) are 
     hereby rescinded.

                   Energy Information Administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $105,000,000, to 
     remain available until expended.

                   Non-Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     cleanup activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $219,121,000, to 
     remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions, and other activities of title II of the Atomic 
     Energy Act of 1954, and title X, subtitle A, of the Energy 
     Policy Act of 1992, $429,000,000, to be derived from the 
     Uranium Enrichment Decontamination and Decommissioning Fund, 
     to remain available until expended.

                                Science

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not more than 49 passenger motor 
     vehicles for replacement only, including one ambulance and 
     one bus, $4,842,665,000, to remain available until expended:  
     Provided, That $180,786,000 shall be available until 
     September 30, 2013 for program direction.

               Advanced Research Projects Agency--Energy

       For necessary expenses in carrying out the activities 
     authorized by section 5012 of the America COMPETES Act 
     (Public Law 110-69), as amended, $250,000,000, to remain 
     available until expended.

         Title 17 Innovative Technology Loan Guarantee Program

       Subject to section 502 of the Congressional Budget Act of 
     1974, for the cost of loan guarantees for renewable energy or 
     efficient end-use energy technologies under section 1703 of 
     the Energy Policy Act of 2005, $200,000,000 is appropriated 
     to remain available until expended:  Provided, That the 
     amounts in this section are in addition to those provided in 
     any other Act:  Provided further, That, notwithstanding 
     section 1703(a)(2) of the Energy Policy Act of 2005, funds 
     appropriated for the cost of loan guarantees are also 
     available for projects for which an application has been 
     submitted to the Department of Energy prior to February 24, 
     2011, in whole or in part, for a loan guarantee under 1705 of 
     the Energy Policy Act of 2005:  Provided further, That an 
     additional amount for necessary administrative expenses to 
     carry out this Loan Guarantee program, $38,000,000 is 
     appropriated, to remain available until expended:  Provided 
     further, That $38,000,000 of the fees collected pursuant to 
     section 1702(h) of the Energy Policy Act of 2005 shall be 
     credited as offsetting collections to this account to cover 
     administrative expenses and shall remain available until 
     expended, so as to result in a final fiscal year 2011 
     appropriations from the general fund estimated at not more 
     than $0:  Provided further, That fees collected under section 
     1702(h) in excess of the amount appropriated for 
     administrative expenses shall not be available until 
     appropriated:  Provided further, That for amounts collected 
     pursuant to section 1702(b)(2) of the Energy Policy Act of 
     2005, the source of such payment received from borrowers is 
     not a loan or other debt obligation that is guaranteed by the 
     Federal Government:  Provided further, That pursuant to 
     section 1702(b)(2) of the Energy Policy Act of 2005, no 
     appropriations are available to pay the subsidy cost of such 
     guarantees for nuclear power or fossil energy facilities:  
     Provided further, That none of the loan guarantee authority 
     made available in this Act shall be available for commitments 
     to guarantee loans for any projects where funds, personnel, 
     or property (tangible or intangible) of any Federal agency, 
     instrumentality, personnel or affiliated entity are expected 
     to be used (directly or indirectly) through acquisitions, 
     contracts, demonstrations, exchanges, grants, incentives, 
     leases, procurements, sales, other transaction authority, or 
     other arrangements, to support the project or to obtain goods 
     or services from the project:  Provided further, That the 
     previous provision shall not be interpreted as precluding the 
     use of the loan guarantee authority in this Act for 
     commitment to guarantee loans for projects as a result of 
     such projects benefiting from (a) otherwise allowable Federal 
     income tax benefits; (b) being located on Federal land 
     pursuant to a lease or right-of-way agreement for which all 
     consideration for all uses is (i) paid exclusively in cash, 
     (ii) deposited in the Treasury as offsetting receipts, and 
     (iii) equal to the fair market value as determined by the 
     head of the relevant Federal agency; (c) Federal insurance 
     programs, including Price-Anderson; or (d) for electric 
     generation projects, use of transmission facilities owned or 
     operated by a Federal Power Marketing Administration or the 
     Tennessee Valley Authority that have been authorized, 
     approved, and financed independent of the project receiving 
     the guarantee:  Provided further, That none of the loan 
     guarantee authority made available in this Act shall be 
     available for any project unless the Director of the Office 
     of Management and Budget has certified in advance in writing 
     that the loan guarantee and the project comply with the 
     provisions under this title.

[[Page 17457]]



        Advanced Technology Vehicles Manufacturing Loan Program

       For administrative expenses in carrying out the Advanced 
     Technology Vehicles Manufacturing Loan Program, $6,000,000, 
     to remain available until expended.

                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     not to exceed $30,000, $237,623,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511 et seq.):  Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended:  
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $111,883,000 in 
     fiscal year 2012 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302:  Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during 2012, 
     and any related appropriated receipt account balances 
     remaining from prior years' miscellaneous revenues, so as to 
     result in a final fiscal year 2012 appropriation from the 
     general fund estimated at not more than $125,740,000.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $41,774,000, to remain 
     available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, the purchase of not 
     to exceed one ambulance and one aircraft; $7,190,000,000, to 
     remain available until expended.

                    Defense Nuclear Nonproliferation

                         (including rescission)

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for defense nuclear 
     nonproliferation activities, in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed one passenger motor vehicle for replacement 
     only, $2,404,300,000, to remain available until expended:  
     Provided, That of the unobligated balances available under 
     this heading, $21,000,000 are hereby rescinded.

                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, $1,100,000,000, to remain 
     available until expended.

                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     in the National Nuclear Security Administration, including 
     official reception and representation expenses not to exceed 
     $12,000,$404,000,000, to remain available until September 30, 
     2013.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental cleanup activities in carrying out the purposes 
     of the Department of Energy Organization Act (42 U.S.C. 7101 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed one ambulances and one fire truck for 
     replacement only, $5,002,308,000, to remain available until 
     expended:  Provided, That $321,628,000 shall be available 
     until September 30, 2013 for program direction.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses, necessary for atomic energy defense, 
     other defense activities, and classified activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not to exceed 10 passenger 
     motor vehicles for replacement only, $819,000,000, to remain 
     available until expended.

                     POWER MARKETING ADMINISTRATION

                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     the Kootenai River Native Fish Conservation Aquaculture 
     Program, Lolo Creek Permanent Weir Facility, and Improving 
     Anadromous Fish production on the Warm Springs Reservation, 
     and, in addition, for official reception and representation 
     expenses in an amount not to exceed $7,000. During fiscal 
     year 2012, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, including transmission wheeling and ancillary 
     services pursuant to section 5 of the Flood Control Act of 
     1944 (16 U.S.C. 825s), as applied to the southeastern power 
     area, $8,428,000, to remain available until expended:  
     Provided, That notwithstanding 31 U.S.C. 3302 and section 5 
     of the Flood Control Act of 1944, up to $8,428,000 collected 
     by the Southeastern Power Administration from the sale of 
     power and related services shall be credited to this account 
     as discretionary offsetting collections, to remain available 
     until expended for the sole purpose of funding the annual 
     expenses of the Southeastern Power Administration:  Provided 
     further, That the sum herein appropriated for annual expenses 
     shall be reduced as collections are received during the 
     fiscal year so as to result in a final fiscal year 2012 
     appropriation estimated at not more than $0:  Provided 
     further, That, notwithstanding 31 U.S.C. 3302, up to 
     $100,162,000 collected by the Southeastern Power 
     Administration pursuant to the Flood Control Act of 1944 to 
     recover purchase power and wheeling expenses shall be 
     credited to this account as offsetting collections, to remain 
     available until expended for the sole purpose of making 
     purchase power and wheeling expenditures:  Provided further, 
     That for purposes of this appropriation, annual expenses 
     means expenditures that are generally recovered in the same 
     year that they are incurred (excluding purchase power and 
     wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, for construction and acquisition of transmission 
     lines, substations and appurtenant facilities, and for 
     administrative expenses, including official reception and 
     representation expenses in an amount not to exceed $1,500 in 
     carrying out section 5 of the Flood Control Act of 1944 (16 
     U.S.C. 825s), as applied to the Southwestern Power 
     Administration, $45,010,000, to remain available until 
     expended:  Provided, That notwithstanding 31 U.S.C. 3302 and 
     section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 
     up to $33,118,000 collected by the Southwestern Power 
     Administration from the sale of power and related services 
     shall be credited to this account as discretionary offsetting 
     collections, to remain available until expended, for the sole 
     purpose of funding the annual expenses of the Southwestern 
     Power Administration:  Provided further, That the sum herein 
     appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2012 appropriation estimated at 
     not more than $11,892,000:  Provided further, That, 
     notwithstanding 31 U.S.C. 3302, up to $40,000,000 collected 
     by the Southwestern Power Administration pursuant to the 
     Flood Control Act of 1944 to recover purchase power and 
     wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures:  Provided further, That for purposes of this 
     appropriation, annual expenses means expenditures that are 
     generally recovered in the same year that they are incurred 
     (excluding purchase power and wheeling expenses).

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

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, including 
     official reception and representation expenses in an amount 
     not to exceed $1,500; $285,900,000, to remain available until 
     expended, of which $278,856,000 shall be derived from the 
     Department of the Interior Reclamation Fund:  Provided, That 
     notwithstanding 31 U.S.C. 3302, section 5 of the Flood

[[Page 17458]]

     Control Act of 1944 (16 U.S.C. 825s), and section 1 of the 
     Interior Department Appropriation Act, 1939 (43 U.S.C. 392a), 
     up to $189,932,000 collected by the Western Area Power 
     Administration from the sale of power and related services 
     shall be credited to this account as discretionary offsetting 
     collections, to remain available until expended, for the sole 
     purpose of funding the annual expenses of the Western Area 
     Power Administration:  Provided further, That the sum herein 
     appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2012 appropriation estimated at 
     not more than $95,968,000, of which $88,924,000 is derived 
     from the Reclamation Fund:  Provided further, That of the 
     amount herein appropriated, not more than $3,375,000 is for 
     deposit into the Utah Reclamation Mitigation and Conservation 
     Account pursuant to title IV of the Reclamation Projects 
     Authorization and Adjustment Act of 1992:  Provided further, 
     That notwithstanding 31 U.S.C. 3302, up to $306,541,000 
     collected by the Western Area Power Administration pursuant 
     to the Flood Control Act of 1944 and the Reclamation Project 
     Act of 1939 to recover purchase power and wheeling expenses 
     shall be credited to this account as offsetting collections, 
     to remain available until expended for the sole purpose of 
     making purchase power and wheeling expenditures:  Provided 
     further, That for purposes of this appropriation, annual 
     expenses means expenditures that are generally recovered in 
     the same year that they are incurred (excluding purchase 
     power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $4,169,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 2 of the Act of June 18, 1954 (68 Stat. 255) as 
     amended:  Provided, That notwithstanding the provisions of 
     that Act and of 31 U.S.C. 3302, up to $3,949,000 collected by 
     the Western Area Power Administration from the sale of power 
     and related services from the Falcon and Amistad Dams shall 
     be credited to this account as discretionary offsetting 
     collections, to remain available until expended for the sole 
     purpose of funding the annual expenses of the hydroelectric 
     facilities of these Dams and associated Western Area Power 
     Administration activities:  Provided further, That the sum 
     herein appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2012 appropriation estimated at 
     not more than $220,000:  Provided further, That for purposes 
     of this appropriation, annual expenses means expenditures 
     that are generally recovered in the same year that they are 
     incurred.

                  Federal Energy Regulatory Commission

                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses not to exceed $3,000,$304,600,000, to 
     remain available until expended:  Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $304,600,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2012 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended:  Provided further, 
     That the sum herein appropriated from the general fund shall 
     be reduced as revenues are received during fiscal year 2012 
     so as to result in a final fiscal year 2012 appropriation 
     from the general fund estimated at not more than $0:  
     Provided further, That not later than 180 days after the date 
     of enactment of this Act, the Commission shall issue such 
     regulations as are necessary to clarify that a State may 
     establish rates for the wholesale sale of electric energy in 
     interstate commerce pursuant to the Public Utility Regulatory 
     Policies Act of 1978 such that those rates shall not unduly 
     discriminate against the qualifying cogeneration facility or 
     qualifying small power production facility selling the 
     electric energy or exceed the costs to produce and deliver 
     the electric energy, as determined for the specific 
     technology at issue.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

       Sec. 301.  The unexpended balances of prior appropriations 
     provided for activities in this Act may be available to the 
     same appropriation accounts for such activities established 
     pursuant to this title. Available balances may be merged with 
     funds in the applicable established accounts and thereafter 
     may be accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 302.  When the Department of Energy makes a user 
     facility available to universities or other potential users, 
     or seeks input from universities or other potential users 
     regarding significant characteristics or equipment in a user 
     facility or a proposed user facility, the Department shall 
     ensure broad public notice of such availability or such need 
     for input to universities and other potential users. When the 
     Department of Energy considers the participation of a 
     university or other potential user as a formal partner in the 
     establishment or operation of a user facility, the Department 
     shall employ full and open competition in selecting such a 
     partner. For purposes of this section, the term ``user 
     facility'' includes, but is not limited to:
       (1) a user facility as described in section 2203(a)(2) of 
     the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2));
       (2) a National Nuclear Security Administration Defense 
     Programs Technology Deployment Center/User Facility; and
       (3) any other Departmental facility designated by the 
     Department as a user facility.
       Sec. 303.  Funds appropriated by this or any other Act, or 
     made available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2012 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2012.
       Sec. 304. (a) Submission to Congress.--The Secretary of 
     Energy shall submit to Congress each year, at the time that 
     the President's budget is submitted to Congress that year 
     under section 1105(a) of title 31, United States Code, a 
     future-years energy program reflecting the estimated 
     expenditures and proposed appropriations included in that 
     budget. Any such future-years energy program shall cover the 
     fiscal year with respect to which the budget is submitted and 
     at least the four succeeding fiscal years. A future-years 
     energy program shall be included in the fiscal year 2014 
     budget submission to Congress and every fiscal year 
     thereafter.
       (b) Elements.--Each future-years energy program shall 
     contain the following:
       (1) The estimated expenditures and proposed appropriations 
     necessary to support programs, projects, and activities of 
     the Secretary of Energy during the 5-fiscal year period 
     covered by the program, expressed in a level of detail 
     comparable to that contained in the budget submitted by the 
     President to Congress under section 1105 of title 31, United 
     States Code.
       (2) The estimated expenditures and proposed appropriations 
     shaped by high-level, prioritized program and budgetary 
     guidance that is consistent with the administration's 
     policies and out year budget projections and reviewed by 
     DOE's senior leadership to ensure that the future-years 
     energy program is consistent and congruent with previously 
     established program and budgetary guidance.
       (3) A description of the anticipated workload requirements 
     for each DOE national laboratory during the 5-fiscal year 
     period.
       (c) Consistency in Budgeting.--
       (1) The Secretary of Energy shall ensure that amounts 
     described in subparagraph (A) of paragraph (2) for any fiscal 
     year are consistent with amounts described in subparagraph 
     (B) of paragraph (2) for that fiscal year.
       (2) Amounts referred to in paragraph (1) are the following:
       (A) The amounts specified in program and budget information 
     submitted to Congress by the Secretary of Energy in support 
     of expenditure estimates and proposed appropriations in the 
     budget submitted to Congress by the President under section 
     1105(a) of title 31, United States Code, for any fiscal year, 
     as shown in the future-years energy program submitted 
     pursuant to subsection (a).
       (B) The total amounts of estimated expenditures and 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the administration included 
     pursuant to paragraph (5) of section 1105(a) of such title in 
     the budget submitted to Congress under that section for any 
     fiscal year.
       Sec. 305.  Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost of the guarantee has 
     been made;
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the guarantee and deposited 
     the payment into the Treasury; or
       ``(C) a combination of one or more appropriations under 
     subparagraph (A) and one or more payments from the borrower 
     under subparagraph (B) has been made that is sufficient to 
     cover the cost of the guarantee.''.
       Sec. 306.  Plant or construction projects for which amounts 
     are made available under this and subsequent appropriation 
     Acts with a current estimated cost of less than $10,000,000 
     are considered for purposes of section 4703 of Public Law 
     107-314 as a plant project for which the approved total 
     estimated cost does not exceed the minor construction 
     threshold and for purposes of section 4704 of Public Law 107-
     314 as a construction project with a current estimated cost 
     of less than a minor construction threshold.
       Sec. 307.  In section 839b(h)(10)(B) of title 16, United 
     States Code, strike ``$1,000,000'' and insert ``$5,000,000.''

                              (rescission)

       Sec. 308.  None of the funds in this Act or any other Act 
     shall be used to deposit funds

[[Page 17459]]

     in excess of $25,000,000 from any Federal royalties, rents, 
     and bonuses derived from Federal onshore and off-shore oil 
     and gas leases issued under the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331 et seq.) and the Mineral Leasing Act (30 
     U.S.C. 181 et seq.) into the Ultra-Deepwater and 
     Unconventional Natural Gas and Other Petroleum Research Fund.

                              (rescission)

       Sec. 309.  Of the amounts appropriated in this title, 
     $73,700,000 are hereby rescinded, to reflect savings from the 
     contractor pay freeze instituted by the Department. The 
     Department shall allocate the rescission among the 
     appropriations made in this title.
       Sec. 310.  Recipients of grants awarded by the Department 
     in excess of $1,000,000 shall certify that they will, by the 
     end of the fiscal year, upgrade the efficiency of their 
     facilities by replacing any lighting that does not meet or 
     exceed the energy efficiency standard for incandescent light 
     bulbs set forth in section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295).
       Sec. 311. (a) Any determination (including a determination 
     made prior to the date of enactment of this Act) by the 
     Secretary pursuant to section 3112(d)(2)(B) of the USEC 
     Privatization Act (110 Stat. 1321-335), as amended, that the 
     sale or transfer of uranium will not have an adverse material 
     impact on the domestic uranium mining, conversion, or 
     enrichment industry shall be valid for not more than 2 
     calendar years subsequent to such determination.
       (b) Not less than 30 days prior to the transfer, sale, 
     barter, distribution, or other provision of uranium in any 
     form for the purpose of accelerating cleanup at a Federal 
     site, the Secretary shall notify the House and Senate 
     Committees on Appropriations of the following:
       (1) the amount of uranium to be transferred, sold, 
     bartered, distributed, or otherwise provided;
       (2) an estimate by the Secretary of the gross market value 
     of the uranium on the expected date of the transfer, sale, 
     barter, distribution, or other provision of the uranium;
       (3) the expected date of transfer, sale, barter, 
     distribution, or other provision of the uranium;
       (4) the recipient of the uranium; and
       (5) the value of the services the Secretary expects to 
     receive in exchange for the uranium, including any reductions 
     to the gross value of the uranium by the recipient.
       (c) Not later than June 30, 2012, the Secretary shall 
     submit to the House and Senate Committees on Appropriations a 
     revised excess uranium inventory management plan for fiscal 
     years 2013 through 2018.
       (d) Not later than December 31, 2011 the Secretary shall 
     submit to the House and Senate Committees on Appropriations a 
     report evaluating the economic feasibility of re-enriching 
     depleted uranium located at Federal sites.
       Sec. 312. (a) The Secretary of Energy may allow a third 
     party, on a fee-for-service basis, to operate and maintain a 
     metering station of the Strategic Petroleum Reserve that is 
     underutilized (as defined in section 102-75.50 of title 41, 
     Code of Federal Regulations (or successor regulations)) and 
     related equipment.
       (b) Funds collected under subsection (a) shall be deposited 
     in the general fund of the Treasury.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, for necessary expenses for the Federal Co-Chairman 
     and the Alternate on the Appalachian Regional Commission, for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109, and hire of passenger motor vehicles, 
     $58,024,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $29,130,000, to remain available until 
     September 30, 2013:  Provided, That within 90 days of 
     enactment of this Act the Defense Nuclear Facilities Safety 
     Board shall enter into an agreement for fiscal year 2012 and 
     hereafter with the Office of the Inspector General of either 
     the Nuclear Regulatory Commission or the Department of Energy 
     for inspector general services.

                        Delta Regional Authority

                         salaries and expenses

       For necessary expenses of the Delta Regional Authority and 
     to carry out its activities, as authorized by the Delta 
     Regional Authority Act of 2000, as amended, notwithstanding 
     sections 382C(b)(2), 382F(d), 382M, and 382N of said Act, 
     $9,925,000, to remain available until expended.

                           Denali Commission

       For expenses of the Denali Commission including the 
     purchase, construction, and acquisition of plant and capital 
     equipment as necessary and other expenses, $9,077,000, to 
     remain available until expended, notwithstanding the 
     limitations contained in section 306(g) of the Denali 
     Commission Act of 1998:  Provided, That funds shall be 
     available for construction projects in an amount not to 
     exceed 80 percent of total project cost for distressed 
     communities, as defined by section 307 of the Denali 
     Commission Act of 1998 (division C, title III, Public Law 
     105-277), as amended by section 701 of appendix D, title VII, 
     Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
     to exceed 50 percent for non-distressed communities.

                     Nuclear Regulatory Commission

                         salaries and expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $25,000), $1,027,240,000, to remain available until expended: 
      Provided, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $899,726,000 in fiscal year 2012 shall be retained and used 
     for necessary salaries and expenses in this account, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended:  Provided further, That the sum herein 
     appropriated shall be reduced by the amount of revenues 
     received during fiscal year 2012 so as to result in a final 
     fiscal year 2012 appropriation estimated at not more than 
     $127,514,000.

                      office of inspector general

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $10,860,000, to remain available until 
     expended: Provided, That revenues from licensing fees, 
     inspection services, and other services and collections 
     estimated at $9,774,000 in fiscal year 2012 shall be retained 
     and be available until expended, for necessary salaries and 
     expenses in this account, notwithstanding section 3302 of 
     title 31, United States Code: Provided further, That the sum 
     herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 2012 so as to result in 
     a final fiscal year 2012 appropriation estimated at not more 
     than $1,086,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $3,400,000 to be derived from the Nuclear Waste Fund, 
     and to remain available until expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

       For necessary expenses for the Office of the Federal 
     Coordinator for Alaska Natural Gas Transportation Projects 
     pursuant to the Alaska Natural Gas Pipeline Act of 2004, 
     $1,000,000.

                  Northern Border Regional Commission

       For necessary expenses of the Northern Border Regional 
     Commission in carrying out activities authorized by subtitle 
     V of title 40, United States Code, $1,275,000, to remain 
     available until expended:  Provided, That such amounts shall 
     be available for administrative expenses, notwithstanding 
     section 15751(b) of title 40, United States Code.

                 Southeast Crescent Regional Commission

       For necessary expenses of the Southeast Crescent Regional 
     Commission in carrying out activities authorized by subtitle 
     V of title 40, United States Code, $213,000, to remain 
     available until expended.

                           GENERAL PROVISIONS

       Sec. 401. (a) Definitions.--In this section:
       (1) Chairperson.--The term ``Chairperson'' means the 
     Chairperson of the Commission.
       (2) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (3) Spent fuel pool.--The term ``spent fuel pool'' means an 
     underwater storage and cooling facility for spent (or 
     depleted) fuel assemblies that have been removed from a 
     reactor.
       (b) As soon as practicable after the date of enactment of 
     this Act, the Chairperson shall order licencees to, in 
     accordance with the recommendations of the 90-day task force 
     of the Commission, enhance spent fuel pools by:
       (1) providing sufficient safety-related instrumentation 
     that is able to withstand design-basis natural phenomena to 
     monitor key spent fuel pool parameters (such as water level, 
     temperature, and area radiation levels) from a control room;
       (2) providing safety-related, alternating-current 
     electrical power for the spent fuel pool makeup system;
       (3) providing onsite emergency electrical power for spent 
     fuel pools and instrumentation for cases in which there 
     exists irradiated fuel in a spent fuel pool, regardless of 
     the operational mode of the relevant reactor; and
       (4) installing a seismically qualified means to spray water 
     into spent fuel pools, including an easily accessible 
     connection to supply the water (such as using a portable pump 
     or pumper truck) at grade outside a relevant structure.
       Sec. 402.  Consistent with the findings of its 90 Day Task 
     Force, the Nuclear Regulatory Commission shall order 
     licensees to reevaluate the seismic, tsunami, flooding and 
     other hazards at their sites as expeditiously as possible, 
     and thereafter, at least once every 10

[[Page 17460]]

     years, and the Commission shall require licensees to 
     demonstrate to the Commission that the design basis of 
     structures, systems, and components for each operating 
     reactor meet current NRC requirements and guidance with 
     regard to these threats. The Commission shall require 
     licensees to update the design basis of structures, systems, 
     and components for each operating reactor, if necessary.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  None of the funds appropriated by this Act may 
     be used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 502.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in this Act 
     or any other appropriation Act.

                                TITLE VI

                 ADDITIONAL FUNDING FOR DISASTER RELIEF

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                   mississippi river and tributaries

       For an additional amount for ``Mississippi River and 
     Tributaries'' for expenses resulting from a major disaster 
     designation pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), 
     $890,177,300, to remain available until expended for repair 
     of damages to Federal projects:  Provided, That the Assistant 
     Secretary of the Army for Civil Works shall provide a monthly 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the allocation and 
     obligation of these funds, beginning not later than 60 days 
     after enactment of this Act:  Provided further, That the 
     amount in this paragraph is designated by Congress as being 
     for disaster relief pursuant to section 251(b)(2)(D) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.

                       operation and maintenance

       For an additional amount for ``Operation and Maintenance'' 
     for expenses resulting from a major disaster designation 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122(2)) to dredge 
     navigation channels and repair damage to Corps projects 
     nationwide, $88,003,700, to remain available until expended:  
     Provided, That the Assistant Secretary of the Army for Civil 
     Works shall provide a monthly report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation and obligation of these funds, 
     beginning not later than 60 days after enactment of this Act: 
      Provided further, That the amount in this paragraph is 
     designated by Congress as being for disaster relief pursuant 
     to section 251(b)(2)(D) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (Public Law 99-177), as amended.

                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', for expenses resulting from a major disaster 
     designation pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) as 
     authorized by section 5 of the Act of August 18, 1941 (33 
     U.S.C. 701n), for necessary expenses to prepare for flood, 
     hurricane and other natural disasters and support emergency 
     operations, repair and other activities in response to recent 
     natural disasters as authorized by law, $66,387,000, to 
     remain available until expended:  Provided, That the 
     Assistant Secretary of the Army for Civil Works shall provide 
     a monthly report to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing the 
     allocation and obligation of these funds, beginning not later 
     than 60 days after enactment of this Act:  Provided further, 
     That the amount in this paragraph is designated by Congress 
     as being for disaster relief pursuant to section 251(b)(2)(D) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.
       This Act may be cited as the ``Energy and Water Development 
     and Related Agencies Appropriations Act, 2012''.

         DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for financial 
     services and general government for the fiscal year ending 
     September 30, 2012, and for other purposes, namely:

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of official 
     business, $306,388,000, including for terrorism and financial 
     intelligence activities; executive direction program 
     activities; international affairs and economic policy 
     activities; domestic finance and tax policy activities; and 
     Treasury-wide management policies and programs activities:  
     Provided, That of the amount appropriated under this heading, 
     not to exceed $3,000,000, to remain available until September 
     30, 2013, is for information technology modernization 
     requirements; not to exceed $200,000 is for official 
     reception and representation expenses; $200,000 is to support 
     international representation commitments of the Secretary; 
     and not to exceed $258,000 is for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Secretary of the Treasury and to be 
     accounted for solely on his certificate:  Provided further, 
     That of the amount appropriated under this heading, 
     $6,787,000, to remain available until September 30, 2013, is 
     for the Treasury-wide Financial Statement Audit and Internal 
     Control Program, of which such amounts as may be necessary 
     may be transferred to accounts of the Department's offices 
     and bureaus to conduct audits:  Provided further, That this 
     transfer authority shall be in addition to any other provided 
     in this Act:  Provided further, That of the amount 
     appropriated under this heading, $500,000, to remain 
     available until September 30, 2013, is for secure space 
     requirements:  Provided further, That of the amount 
     appropriated under this heading, up to $3,400,000, to remain 
     available until September 30, 2014, is to develop and 
     implement programs within the Office of Critical 
     Infrastructure Protection and Compliance Policy, including 
     entering into cooperative agreements:  Provided further, That 
     notwithstanding any other provision of law, up to $1,000,000, 
     may be contributed to the Global Forum on Transparency and 
     Exchange of Information for Tax Purposes, a Part II Program 
     of the Organization for Economic Cooperation and Development, 
     to cover the cost assessed by that organization for 
     Treasury's participation therein:  Provided further, That of 
     the amount appropriated under this heading, up to $2,500,000 
     may be used for training, recruitment, retention, and hiring 
     additional members of the acquisition workforce as defined by 
     the Office of Federal Procurement Policy Act, as amended (41 
     U.S.C. 401 et seq.) and for information technology in support 
     of acquisition workforce effectiveness and management.

                      office of inspector general

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $29,641,000, of which not to exceed $2,000,000 shall 
     be available for official travel expenses, including hire of 
     passenger motor vehicles; of which not to exceed $100,000 
     shall be available for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General of the Treasury; and of 
     which not to exceed $2,500 shall be available for official 
     reception and representation expenses.

           treasury inspector general for tax administration

                         salaries and expenses

       For necessary expenses of the Treasury Inspector General 
     for Tax Administration in carrying out the Inspector General 
     Act of 1978, including purchase (not to exceed 150 for 
     replacement only for police-type use) and hire of passenger 
     motor vehicles (31 U.S.C. 1343(b)); services authorized by 5 
     U.S.C. 3109, at such rates as may be determined by the 
     Inspector General for Tax Administration; $151,696,000, of 
     which not to exceed $6,000,000 shall be available for 
     official travel expenses; of which not to exceed $500,000 
     shall be available for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General for Tax Administration; 
     and of which not to exceed $1,500 shall be available for 
     official reception and representation expenses.

    special inspector general for the troubled asset relief program

                         salaries and expenses

       For necessary expenses of the Office of the Special 
     Inspector General in carrying out the provisions of the 
     Emergency Economic Stabilization Act of 2008 (Public Law 110-
     343), $41,800,000.

                  Financial Crimes Enforcement Network

                         salaries and expenses

       For necessary expenses of the Financial Crimes Enforcement 
     Network, including hire of passenger motor vehicles; travel 
     and training expenses, including for course development, of 
     non-Federal and foreign government personnel to attend 
     meetings and training concerned with domestic and foreign 
     financial intelligence activities, law enforcement, and 
     financial regulation; not to exceed $14,000 for official 
     reception and representation expenses; and for assistance to 
     Federal law enforcement agencies, with or without 
     reimbursement, $110,788,000, of

[[Page 17461]]

     which not to exceed $34,335,000 shall remain available until 
     September 30, 2014:  Provided, That funds appropriated in 
     this account may be used to procure personal services 
     contracts.

                        Treasury Forfeiture Fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $750,000,000 are rescinded.

                      Financial Management Service

                         salaries and expenses

       For necessary expenses of the Financial Management Service, 
     $217,805,000, of which not to exceed $4,210,000 shall remain 
     available until September 30, 2013, for information systems 
     modernization initiatives; and of which not to exceed $2,500 
     shall be available for official reception and representation 
     expenses.

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

       For necessary expenses of carrying out section 1111 of the 
     Homeland Security Act of 2002, including hire of passenger 
     motor vehicles, $99,878,000; of which not to exceed $6,000 
     for official reception and representation expenses; not to 
     exceed $50,000 for cooperative research and development 
     programs for laboratory services; and provision of laboratory 
     assistance to State and local agencies with or without 
     reimbursement:  Provided, That of the amount appropriated 
     under this heading, $2,000,000 shall be for the costs of 
     special law enforcement agents to target tobacco smuggling 
     and other criminal diversion activities.

                           United States Mint

               united states mint public enterprise fund

       Pursuant to section 5136 of title 31, United States Code, 
     the United States Mint is provided funding through the United 
     States Mint Public Enterprise Fund for costs associated with 
     the production of circulating coins, numismatic coins, and 
     protective services, including both operating expenses and 
     capital investments. The aggregate amount of new liabilities 
     and obligations incurred during fiscal year 2012 under such 
     section 5136 for circulating coinage and protective service 
     capital investments of the United States Mint shall not 
     exceed $20,000,000.

                       Bureau of the Public Debt

                     administering the public debt

       For necessary expenses connected with any public-debt 
     issues of the United States, $173,635,000, of which not to 
     exceed $2,500 shall be available for official reception and 
     representation expenses, and of which not to exceed 
     $10,000,000 shall remain available until September 30, 2014, 
     for the Do Not Pay portal initiative:  Provided, That the sum 
     appropriated herein from the general fund for fiscal year 
     2012 shall be reduced by not more than $8,000,000 as 
     definitive security issue fees and Legacy Treasury Direct 
     Investor Account Maintenance fees are collected, so as to 
     result in a final fiscal year 2012 appropriation from the 
     general fund estimated at $165,635,000. In addition, $165,000 
     to be derived from the Oil Spill Liability Trust Fund to 
     reimburse the Bureau for administrative and personnel 
     expenses for financial management of the Fund, as authorized 
     by section 1012 of Public Law 101-380.

   Community Development Financial Institutions Fund Program Account

       To carry out the Community Development Banking and 
     Financial Institutions Act of 1994 (Public Law 103-325), 
     including services authorized by 5 U.S.C. 3109, but at rates 
     for individuals not to exceed the per diem rate equivalent to 
     the rate for ES-3, notwithstanding section 4707(e) of title 
     12, United States Code, $200,000,000, to remain available 
     until September 30, 2013; of which $12,000,000 shall be for 
     financial assistance, technical assistance, training and 
     outreach programs, designed to benefit Native American, 
     Native Hawaiian, and Alaskan Native communities and provided 
     primarily through qualified community development lender 
     organizations with experience and expertise in community 
     development banking and lending in Indian country, Native 
     American organizations, tribes and tribal organizations and 
     other suitable providers; of which, notwithstanding sections 
     4707(d) and 4707(e) of title 12, United States Code, up to 
     $22,000,000 shall be for a Healthy Food Financing Initiative 
     to provide grants and loans to community development 
     financial institutions for the purpose of offering affordable 
     financing and technical assistance to expand the availability 
     of healthy food options in distressed communities; of which 
     up to $36,000,000 shall be for initiatives designed to enable 
     individuals with low or moderate income levels to establish 
     bank accounts and to improve access to the provision of bank 
     accounts as authorized by sections 1204 and 1205 of Public 
     Law 111-203; of which $19,000,000 shall be for the Bank 
     Enterprise Award program; and of which up to $22,965,000 may 
     be used for administrative expenses, including administration 
     of the New Markets Tax Credit.

                        Internal Revenue Service

                           taxpayer services

                     (including transfer of funds)

       For necessary expenses of the Internal Revenue Service to 
     provide taxpayer services, including pre-filing assistance 
     and education, filing and account services, taxpayer advocacy 
     services, and other services as authorized by 5 U.S.C. 3109, 
     at such rates as may be determined by the Commissioner, 
     $2,195,522,000, of which not less than $6,100,000 shall be 
     for the Tax Counseling for the Elderly Program, of which not 
     less than $10,000,000 shall be available for low-income 
     taxpayer clinic grants, of which not less than $12,000,000, 
     to remain available until September 30, 2013, shall be 
     available for a Community Volunteer Income Tax Assistance 
     matching grants demonstration program for tax return 
     preparation assistance, of which not less than $207,738,000 
     shall be available for operating expenses of the Taxpayer 
     Advocate Service, and of which up to $6,000,000 may be 
     transferred as necessary from this account to ``Health 
     Insurance Tax Credit Administration'' upon advance 
     notification of the Committees on Appropriations:  Provided, 
     That this transfer authority shall be in addition to any 
     transfer authority provided in the Act:  Provided further, 
     That notwithstanding any other provision of law, the 
     Secretary may publicize the low-income taxpayer clinic 
     program and refer taxpayers to specific qualified low-income 
     taxpayer clinics receiving funding under this heading.

                              enforcement

                     (including transfer of funds)

       For necessary expenses for tax enforcement activities of 
     the Internal Revenue Service to determine and collect owed 
     taxes, to provide legal and litigation support, to conduct 
     criminal investigations, to enforce criminal statutes related 
     to violations of internal revenue laws and other financial 
     crimes, to purchase (for police-type use, not to exceed 850) 
     and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to 
     provide other services as authorized by 5 U.S.C. 3109, at 
     such rates as may be determined by the Commissioner, 
     $5,228,613,000, of which not less than $60,257,000 shall be 
     for the Interagency Crime and Drug Enforcement program.

                           operations support

       For necessary expenses of the Internal Revenue Service to 
     support taxpayer services and enforcement programs, including 
     rent payments; facilities services; printing; postage; 
     physical security; headquarters and other IRS-wide 
     administration activities; research and statistics of income; 
     telecommunications; information technology development, 
     enhancement, operations, maintenance, and security; the hire 
     of passenger motor vehicles (31 U.S.C. 1343(b)); and other 
     services as authorized by 5 U.S.C. 3109, at such rates as may 
     be determined by the Commissioner; $3,893,216,000, of which 
     up to $250,000,000 shall remain available until September 30, 
     2013, for information technology support; of which up to 
     $65,000,000 shall remain available until expended for 
     acquisition of real property, equipment, construction and 
     renovation of facilities; of which not to exceed $1,000,000 
     shall remain available until September 30, 2014, for 
     research; of which not less than $2,000,000 shall be for the 
     Internal Revenue Service Oversight Board; of which not to 
     exceed $25,000 shall be for official reception and 
     representation expenses.

                     business systems modernization

       For necessary expenses of the Internal Revenue Service's 
     business systems modernization program, $330,210,000, to 
     remain available until September 30, 2014, for the capital 
     asset acquisition of information technology systems, 
     including management and related contractual costs of said 
     acquisitions, including related Internal Revenue Service 
     labor costs, and contractual costs associated with operations 
     authorized by 5 U.S.C. 3109:  Provided, That, with the 
     exception of labor costs, none of these funds may be 
     obligated until the Internal Revenue Service submits to the 
     Committees on Appropriations, and such Committees approve, a 
     plan for expenditure that:
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11;
       (2) complies with the Internal Revenue Service's enterprise 
     architecture, including the modernization blueprint;
       (3) conforms with the Internal Revenue Service's enterprise 
     life cycle methodology;
       (4) is approved by the Internal Revenue Service, the 
     Department of the Treasury, and the Office of Management and 
     Budget;
       (5) has been reviewed by the Government Accountability 
     Office; and
       (6) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government.

               health insurance tax credit administration

       For expenses necessary to implement the health insurance 
     tax credit included in the Trade Act of 2002 (Public Law 107-
     210), $15,481,000.

          administrative provisions--internal revenue service

                     (including transfer of funds)

       Sec. 101.  Not to exceed 5 percent of any appropriation 
     made available in this Act to the Internal Revenue Service or 
     not to exceed 3 percent of appropriations under the heading 
     ``Enforcement'' may be transferred to any

[[Page 17462]]

     other Internal Revenue Service appropriation upon the advance 
     approval of the Committees on Appropriations.
       Sec. 102.  The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with taxpayers, and in cross-cultural relations.
       Sec. 103.  The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information.
       Sec. 104.  Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased staffing to provide sufficient and 
     effective 1-800 help line service for taxpayers. The 
     Commissioner shall continue to make the improvement of the 
     Internal Revenue Service 1-800 help line service a priority 
     and allocate resources necessary to increase phone lines and 
     staff to improve the Internal Revenue Service 1-800 help line 
     service.
       Sec. 105.  None of the funds made available in this Act may 
     be used to enter into, renew, extend, administer, implement, 
     enforce, or provide oversight of any qualified tax collection 
     contract (as defined in section 6306 of the Internal Revenue 
     Code of 1986).

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

       Sec. 106.  Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.
       Sec. 107.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices--Salaries 
     and Expenses, Office of Inspector General, Special Inspector 
     General for the Troubled Asset Relief Program, Financial 
     Management Service, Alcohol and Tobacco Tax and Trade Bureau, 
     Financial Crimes Enforcement Network, and Bureau of the 
     Public Debt, may be transferred between such appropriations 
     upon the advance approval of the Committees on 
     Appropriations:  Provided, That no transfer may increase or 
     decrease any such appropriation by more than 2 percent.
       Sec. 108.  Not to exceed 2 percent of any appropriation 
     made available in this Act to the Internal Revenue Service 
     may be transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations:  Provided, That no transfer 
     may increase or decrease any such appropriation by more than 
     2 percent.
       Sec. 109.  Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with departmental 
     vehicle management principles:  Provided, That the Secretary 
     may delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 110.  None of the funds appropriated in this Act or 
     otherwise available to the Department of the Treasury or the 
     Bureau of Engraving and Printing may be used to redesign the 
     $1 Federal Reserve note.
       Sec. 111.  The Secretary of the Treasury may transfer funds 
     from Financial Management Service, Salaries and Expenses to 
     the Debt Collection Fund as necessary to cover the costs of 
     debt collection:  Provided, That such amounts shall be 
     reimbursed to such salaries and expenses account from debt 
     collections received in the Debt Collection Fund.
       Sec. 112.  Section 122(g)(1) of Public Law 105-119 (5 
     U.S.C. 3104 note), is further amended by striking ``12 
     years'' and inserting ``14 years''.
       Sec. 113.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, the House Committee 
     on Financial Services, and the Senate Committee on Banking, 
     Housing and Urban Affairs.
       Sec. 114.  None of the funds appropriated or otherwise made 
     available by this or any other Act or source to the 
     Department of the Treasury, the Bureau of Engraving and 
     Printing, and the United States Mint, individually or 
     collectively, may be used to consolidate any or all functions 
     of the Bureau of Engraving and Printing and the United States 
     Mint without the explicit approval of the House Committee on 
     Financial Services; the Senate Committee on Banking, Housing, 
     and Urban Affairs; the House Committee on Appropriations; and 
     the Senate Committee on Appropriations.
       Sec. 115.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for the 
     Department of the Treasury's intelligence or intelligence 
     related activities are deemed to be specifically authorized 
     by the Congress for purposes of section 504 of the National 
     Security Act of 1947 (50 U.S.C. 414) during fiscal year 2011 
     until the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2012.
       Sec. 116.  Not to exceed $5,000 shall be made available 
     from the Bureau of Engraving and Printing's Industrial 
     Revolving Fund for necessary official reception and 
     representation expenses.
       Sec. 117.  The Secretary of the Treasury shall submit a 
     Capital Investment Plan to the Committees on Appropriations 
     of the Senate and the House of Representatives not later than 
     30 days following the submission of the annual budget for the 
     Administration submitted by the President:  Provided, That 
     such Capital Investment Plan shall include capital investment 
     spending from all accounts within the Department of the 
     Treasury, including but not limited to the Department-wide 
     Systems and Capital Investment Programs account, the Working 
     Capital Fund account, and the Treasury Forfeiture Fund 
     account:  Provided further, That such Capital Investment Plan 
     shall include expenditures occurring in previous fiscal years 
     for each capital investment project that has not been fully 
     completed.
        This title may be cited as the ``Department of the 
     Treasury Appropriations Act, 2012''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

       For compensation of the President, including an expense 
     allowance at the rate of $50,000 per annum as authorized by 3 
     U.S.C. 102, $450,000:  Provided, That none of the funds made 
     available for official expenses shall be expended for any 
     other purpose and any unused amount shall revert to the 
     Treasury pursuant to 31 U.S.C. 1552.

                            The White House

                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, newspapers, periodicals, 
     teletype news service, and travel (not to exceed $100,000 to 
     be expended and accounted for as provided by 3 U.S.C. 103); 
     and not to exceed $19,000 for official entertainment 
     expenses, to be available for allocation within the Executive 
     Office of the President; and for necessary expenses of the 
     Office of Policy Development, including services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $57,851,000.

                 Executive Residence at the White House

                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating, and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $13,536,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary:  Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph:  Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses:  Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall be credited to this account and 
     remain available until expended:  Provided further, That the 
     Executive Residence shall require the national committee of 
     the political party of the President to maintain on deposit 
     $25,000, to be separately accounted for and available for 
     expenses relating to reimbursable political events sponsored 
     by such committee during such fiscal year:  Provided further, 
     That the Executive Residence shall ensure that a written 
     notice of any amount owed for a reimbursable operating 
     expense under this paragraph is submitted to the person owing 
     such amount within 60 days after such expense is incurred, 
     and that such amount is collected within 30 days after the 
     submission of such notice:  Provided further, That the 
     Executive Residence shall charge interest and assess 
     penalties and other charges on any such amount that is not 
     reimbursed within such 30 days, in accordance with the 
     interest and penalty provisions applicable to an outstanding 
     debt on a United States Government claim under 31 U.S.C. 
     3717:  Provided further, That each such amount that is 
     reimbursed, and any accompanying interest and charges, shall 
     be deposited in the Treasury as miscellaneous receipts:  
     Provided further, That the Executive Residence shall prepare 
     and submit to the Committees on Appropriations, by not later 
     than 90 days after the end

[[Page 17463]]

     of the fiscal year covered by this Act, a report setting 
     forth the reimbursable operating expenses of the Executive 
     Residence during the preceding fiscal year, including the 
     total amount of such expenses, the amount of such total that 
     consists of reimbursable official and ceremonial events, the 
     amount of such total that consists of reimbursable political 
     events, and the portion of each such amount that has been 
     reimbursed as of the date of the report:  Provided further, 
     That the Executive Residence shall maintain a system for the 
     tracking of expenses related to reimbursable events within 
     the Executive Residence that includes a standard for the 
     classification of any such expense as political or 
     nonpolitical:  Provided further, That no provision of this 
     paragraph may be construed to exempt the Executive Residence 
     from any other applicable requirement of subchapter I or II 
     of chapter 37 of title 31, United States Code.

                   White House Repair and Restoration

       For the repair, alteration, and improvement of the 
     Executive Residence at the White House, $990,000, to remain 
     available until expended, for required maintenance, 
     resolution of safety and health issues, and continued 
     preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

       For necessary expenses of the Council of Economic Advisers 
     in carrying out its functions under the Employment Act of 
     1946 (15 U.S.C. 1021 et seq.), $4,192,000.

        National Security Council and Homeland Security Council

                         salaries and expenses

       For necessary expenses of the National Security Council and 
     the Homeland Security Council, including services as 
     authorized by 5 U.S.C. 3109, $13,048,000.

                        Office of Administration

                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $114,908,000, of which $10,670,000 shall remain available 
     until expended for continued modernization of the information 
     technology infrastructure within the Executive Office of the 
     President.

                    Office of Management and Budget

                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109 and to carry out the 
     provisions of chapter 35 of title 44, United States Code, 
     $90,833,000, of which not to exceed $3,000 shall be available 
     for official representation expenses:  Provided, That none of 
     the funds appropriated in this Act for the Office of 
     Management and Budget may be used for the purpose of 
     reviewing any agricultural marketing orders or any activities 
     or regulations under the provisions of the Agricultural 
     Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):  
     Provided further, That none of the funds made available for 
     the Office of Management and Budget by this Act may be 
     expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or their subcommittees:  Provided further, 
     That none of the funds provided in this or prior Acts shall 
     be used, directly or indirectly, by the Office of Management 
     and Budget, for evaluating or determining if water resource 
     project or study reports submitted by the Chief of Engineers 
     acting through the Secretary of the Army are in compliance 
     with all applicable laws, regulations, and requirements 
     relevant to the Civil Works water resource planning process:  
     Provided further, That the Office of Management and Budget 
     shall have not more than 60 days in which to perform 
     budgetary policy reviews of water resource matters on which 
     the Chief of Engineers has reported:  Provided further, That 
     the Director of the Office of Management and Budget shall 
     notify the appropriate authorizing and appropriating 
     committees when the 60-day review is initiated:  Provided 
     further, That if water resource reports have not been 
     transmitted to the appropriate authorizing and appropriating 
     committees within 15 days after the end of the Office of 
     Management and Budget review period based on the notification 
     from the Director, Congress shall assume Office of Management 
     and Budget concurrence with the report and act accordingly.

                  Government-wide Management Councils

                     (including transfer of funds)

       Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, 
     the head of each Executive department and agency is hereby 
     authorized to transfer to or reimburse ``General Services 
     Administration, Government-wide Policy'' with the approval of 
     the Director of the Office of Management and Budget, funds 
     made available for fiscal year 2012 by this or any other Act, 
     including rebates from charge card and other contracts:  
     Provided, That these funds shall be administered by the 
     Administrator of General Services to support Government-wide 
     and other multi-agency financial, information technology, 
     procurement, and other management innovations, initiatives, 
     and activities, as approved by the Director of the Office of 
     Management and Budget, in consultation with the appropriate 
     interagency and multi-agency groups designated by the 
     Director, including the President's Management Council for 
     overall management improvement initiatives, the Chief 
     Financial Officers Council for financial management 
     initiatives, the Chief Information Officers Council for 
     information technology initiatives, the Chief Human Capital 
     Officers Council for human capital initiatives, the Chief 
     Acquisition Officers Council for procurement initiatives, and 
     the Performance Improvement Council for performance 
     improvement initiatives:  Provided further, That the total 
     funds transferred or reimbursed shall not exceed $17,000,000: 
      Provided further, That the funds transferred to or for 
     reimbursement of ``General Services Administration, 
     Government-wide Policy'' during fiscal year 2012 shall remain 
     available for obligation through September 30, 2013:  
     Provided further, That such transfers or reimbursements may 
     only be made following written approval of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.

                 Office of National Drug Control Policy

                         salaries and expenses

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     2006 (Public Law 109-469); not to exceed $10,000 for official 
     reception and representation expenses; and for participation 
     in joint projects or in the provision of services on matters 
     of mutual interest with nonprofit, research, or public 
     organizations or agencies, with or without reimbursement, 
     $26,125,000:  Provided, That the Office is authorized to 
     accept, hold, administer, and utilize gifts, both real and 
     personal, public and private, without fiscal year limitation, 
     for the purpose of aiding or facilitating the work of the 
     Office.

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $238,522,000, to remain available until September 
     30, 2013, for drug control activities consistent with the 
     approved strategy for each of the designated High Intensity 
     Drug Trafficking Areas (``HIDTAs''), of which not less than 
     51 percent shall be transferred to State and local entities 
     for drug control activities and shall be obligated not later 
     than 120 days after enactment of this Act:  Provided, That up 
     to 49 percent may be transferred to Federal agencies and 
     departments in amounts determined by the Director of the 
     Office of National Drug Control Policy (``the Director''), of 
     which up to $2,700,000 may be used for auditing services and 
     associated activities (including up to $500,000 to ensure the 
     continued operation and maintenance of the Performance 
     Management System):  Provided further, That, notwithstanding 
     the requirements of Public Law 106-58, any unexpended funds 
     obligated prior to fiscal year 2010 may be used for any other 
     approved activities of that High Intensity Drug Trafficking 
     Area, subject to reprogramming requirements:  Provided 
     further, That each High Intensity Drug Trafficking Area 
     designated as of September 30, 2011, shall be funded at not 
     less than the fiscal year 2011 base level, unless the 
     Director submits to the Committees on Appropriations of the 
     House of Representatives and the Senate justification for 
     changes to those levels based on clearly articulated 
     priorities and published Office of National Drug Control 
     Policy performance measures of effectiveness:  Provided 
     further, That the Director shall notify the Committees on 
     Appropriations of the initial allocation of fiscal year 2012 
     funding among HIDTAs not later than 45 days after enactment 
     of this Act, and shall notify the Committees of planned uses 
     of discretionary HIDTA funding, as determined in consultation 
     with the HIDTA Directors, not later than 90 days after 
     enactment of this Act.

                  other federal drug control programs

                     (including transfers of funds)

       For other drug control activities authorized by the Office 
     of National Drug Control Policy Reauthorization Act of 2006 
     (Public Law 109-469), $105,950,000, to remain available until 
     expended, which shall be available as follows: $92,600,000 
     for the Drug-Free Communities Program, of which $2,000,000 
     shall be made available as directed by section 4 of Public 
     Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 
     note); $1,400,000 for drug court training and technical 
     assistance; $8,900,000 for anti-doping activities; $1,900,000 
     for the United States membership dues to the World Anti-
     Doping Agency; and $1,150,000 shall be made available as 
     directed by section 1105 of Public Law 109-469.

                          Unanticipated Needs

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, as authorized by 3 U.S.C. 108, 
     $988,000, to remain available until September 30, 2013.

[[Page 17464]]



                  Special Assistance to the President

                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions; services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles, $4,328,000.

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

       For the care, operation, refurnishing, improvement, and to 
     the extent not otherwise provided for, heating and lighting, 
     including electric power and fixtures, of the official 
     residence of the Vice President; the hire of passenger motor 
     vehicles; and not to exceed $90,000 for official 
     entertainment expenses of the Vice President, to be accounted 
     for solely on his certificate, $307,000:  Provided, That 
     advances or repayments or transfers from this appropriation 
     may be made to any department or agency for expenses of 
     carrying out such activities.

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

                     (including transfers of funds)

       Sec. 201.  From funds made available in this Act under the 
     headings ``The White House'', ``Executive Residence at the 
     White House'', ``White House Repair and Restoration'', 
     ``Council of Economic Advisers'', ``National Security Council 
     and Homeland Security Council'', ``Office of 
     Administration'', ``Special Assistance to the President'', 
     and ``Official Residence of the Vice President'', the 
     Director of the Office of Management and Budget (or such 
     other officer as the President may designate in writing), 
     may, 15 days after giving notice to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, transfer not to exceed 10 percent of any such 
     appropriation to any other such appropriation, to be merged 
     with and available for the same time and for the same 
     purposes as the appropriation to which transferred:  
     Provided, That the amount of an appropriation shall not be 
     increased by more than 50 percent by such transfers:  
     Provided further, That no amount shall be transferred from 
     ``Special Assistance to the President'' or ``Official 
     Residence of the Vice President'' without the approval of the 
     Vice President.
       Sec. 202.  The Director of the Office of National Drug 
     Control Policy shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not later than 60 days after the date of enactment of this 
     Act, and prior to the initial obligation of more than 20 
     percent of the funds appropriated in any account under the 
     heading ``Office of National Drug Control Policy'', a 
     detailed narrative and financial plan on the proposed uses of 
     all funds under the account by program, project, and 
     activity:  Provided, That the reports required by this 
     section shall be updated and submitted to the Committees on 
     Appropriations every 6 months and shall include information 
     detailing how the estimates and assumptions contained in 
     previous reports have changed:  Provided further, That any 
     new projects and changes in funding of ongoing projects shall 
     be subject to the prior approval of the Committees on 
     Appropriations.
       Sec. 203.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Office of National Drug 
     Control Policy may be transferred between appropriated 
     programs upon the advance approval of the Committees on 
     Appropriations:  Provided, That no transfer may increase or 
     decrease any such appropriation by more than 3 percent.
       Sec. 204.  Not to exceed $1,000,000 of any appropriations 
     in this Act made available to the Office of National Drug 
     Control Policy may be reprogrammed within a program, project, 
     or activity upon the advance approval of the Committees on 
     Appropriations.
       Sec. 205.  From the unobligated balances of prior year 
     appropriations made available for the Counterdrug Technology 
     Assessment Center, $11,328,000 are rescinded.
        This title may be cited as the ``Executive Office of the 
     President Appropriations Act, 2012''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

       For expenses necessary for the operation of the Supreme 
     Court, as required by law, excluding care of the building and 
     grounds, including purchase or hire, driving, maintenance, 
     and operation of an automobile for the Chief Justice, not to 
     exceed $10,000 for the purpose of transporting Associate 
     Justices, and hire of passenger motor vehicles as authorized 
     by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
     official reception and representation expenses; and for 
     miscellaneous expenses, to be expended as the Chief Justice 
     may approve, $74,819,000, of which $2,000,000 shall remain 
     available until expended.

                    care of the building and grounds

       For such expenditures as may be necessary to enable the 
     Architect of the Capitol to carry out the duties imposed upon 
     the Architect by 40 U.S.C. 6111 and 6112, $8,159,000, to 
     remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

       For salaries of the chief judge, judges, and other officers 
     and employees, and for necessary expenses of the court, as 
     authorized by law, $31,913,000.

               United States Court of International Trade

                         salaries and expenses

       For salaries of the chief judge and eight judges, salaries 
     of the officers and employees of the court, services, and 
     necessary expenses of the court, as authorized by law, 
     $20,968,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

                     (including transfer of funds)

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States Court of Federal 
     Claims, bankruptcy judges, magistrate judges, and all other 
     officers and employees of the Federal Judiciary not otherwise 
     specifically provided for, and necessary expenses of the 
     courts, and the purchase of uniforms for Probation and 
     Pretrial Services office staff, as authorized by law, 
     $4,970,646,000 (including the purchase of firearms and 
     ammunition); of which not to exceed $27,817,000 shall remain 
     available until expended for space alteration projects and 
     for furniture and furnishings related to new space alteration 
     and construction projects.
       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986 (Public Law 99-
     660), not to exceed $4,775,000, to be appropriated from the 
     Vaccine Injury Compensation Trust Fund.

                           defender services

       For the operation of Federal Defender organizations; the 
     compensation and reimbursement of expenses of attorneys 
     appointed to represent persons under 18 U.S.C. 3006A, and 
     also under 18 U.S.C. 3599, in cases in which a defendant is 
     charged with a crime that may be punishable by death; the 
     compensation and reimbursement of expenses of persons 
     furnishing investigative, expert, and other services under 18 
     U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), 
     in cases in which a defendant is charged with a crime that 
     may be punishable by death; the compensation (in accordance 
     with the maximums under 18 U.S.C. 3006A) and reimbursement of 
     expenses of attorneys appointed to assist the court in 
     criminal cases where the defendant has waived representation 
     by counsel; the compensation and reimbursement of travel 
     expenses of guardians ad litem appointed under 18 U.S.C. 
     4100(b), acting on behalf of financially eligible minor or 
     incompetent offenders in connection with transfers from the 
     United States to foreign countries with which the United 
     States has a treaty for the execution of penal sentences (18 
     U.S.C. 4100(b)); the compensation and reimbursement of 
     expenses of attorneys appointed to represent jurors in civil 
     actions for the protection of their employment, as authorized 
     by 28 U.S.C. 1875(d)(1); the compensation and reimbursement 
     of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) 
     in connection with certain judicial civil forfeiture 
     proceedings; and for necessary training and general 
     administrative expenses, $1,034,182,000, to remain available 
     until expended.

                    fees of jurors and commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71.1(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71.1(h)), $59,000,000, to remain 
     available until expended:  Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under 5 U.S.C. 5332.

                             court security

                     (including transfers of funds)

       For necessary expenses, not otherwise provided for, 
     incident to the provision of protective guard services for 
     United States courthouses and other facilities housing 
     Federal court operations, and the procurement, installation, 
     and maintenance of security systems and equipment for United 
     States courthouses and other facilities housing Federal court 
     operations, including building ingress-egress control, 
     inspection of mail and packages, directed security patrols, 
     perimeter security, basic security services provided by the 
     Federal Protective Service, and other similar activities as 
     authorized by section 1010 of the Judicial Improvement and 
     Access to Justice Act (Public Law 100-702), $500,000,000, of 
     which not to exceed $15,000,000 shall remain available until 
     expended, to be expended directly or transferred to the 
     United States Marshals Service, which shall be responsible 
     for administering the Judicial Facility Security Program 
     consistent with

[[Page 17465]]

     standards or guidelines agreed to by the Director of the 
     Administrative Office of the United States Courts and the 
     Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $82,000,000, 
     of which not to exceed $8,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219, $27,000,000; of which 
     $1,800,000 shall remain available through September 30, 2013, 
     to provide education and training to Federal court personnel; 
     and of which not to exceed $1,500 is authorized for official 
     reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

       For payment to the Judicial Officers' Retirement Fund, as 
     authorized by 28 U.S.C. 377(o), $86,968,000; to the Judicial 
     Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), 
     $12,600,000; and to the United States Court of Federal Claims 
     Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), 
     $4,200,000.

                  United States Sentencing Commission

                         salaries and expenses

       For the salaries and expenses necessary to carry out the 
     provisions of chapter 58 of title 28, United States Code, 
     $16,500,000, of which not to exceed $1,000 is authorized for 
     official reception and representation expenses.

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

       Sec. 301.  Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 302.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Judiciary 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except ``Courts of Appeals, 
     District Courts, and Other Judicial Services, Defender 
     Services'' and ``Courts of Appeals, District Courts, and 
     Other Judicial Services, Fees of Jurors and Commissioners'', 
     shall be increased by more than 10 percent by any such 
     transfers:  Provided, That any transfer pursuant to this 
     section shall be treated as a reprogramming of funds under 
     sections 604 and 608 of this Act and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in section 608.
       Sec. 303.  Notwithstanding any other provision of law, the 
     salaries and expenses appropriation for ``Courts of Appeals, 
     District Courts, and Other Judicial Services'' shall be 
     available for official reception and representation expenses 
     of the Judicial Conference of the United States:  Provided, 
     That such available funds shall not exceed $11,000 and shall 
     be administered by the Director of the Administrative Office 
     of the United States Courts in the capacity as Secretary of 
     the Judicial Conference.
       Sec. 304.  Within 90 days after the date of the enactment 
     of this Act, the Administrative Office of the U.S. Courts 
     shall submit to the Committees on Appropriations a 
     comprehensive financial plan for the Judiciary allocating all 
     sources of available funds including appropriations, fee 
     collections, and carryover balances, to include a separate 
     and detailed plan for the Judiciary Information Technology 
     Fund, which will establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year.
       Sec. 305.  Section 3314(a) of title 40, United States Code, 
     shall be applied by substituting ``Federal'' for 
     ``executive'' each place it appears.
       Sec. 306.  In accordance with 28 U.S.C. 561-569, and 
     notwithstanding any other provision of law, the United States 
     Marshals Service shall provide, for such courthouses as its 
     Director may designate in consultation with the Director of 
     the Administrative Office of the United States Courts, for 
     purposes of a pilot program, the security services that 40 
     U.S.C. 1315 authorizes the Department of Homeland Security to 
     provide, except for the services specified in 40 U.S.C. 
     1315(b)(2)(E). For building-specific security services at 
     these courthouses, the Director of the Administrative Office 
     of the United States Courts shall reimburse the United States 
     Marshals Service rather than the Department of Homeland 
     Security.
       Sec. 307.  Section 203(c) of the Judicial Improvements Act 
     of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is 
     amended--
       (1) in the third sentence (relating to the District of 
     Kansas), by striking ``20 years'' and inserting ``21 years''; 
     and
       (2) in the seventh sentence (related to the District of 
     Hawaii), by striking ``17 years'' and inserting ``18 years''.
       This title may be cited as the ``Judiciary Appropriations 
     Act, 2012''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $30,000,000, to remain available 
     until expended:  Provided, That such funds, including any 
     interest accrued thereon, may be used on behalf of eligible 
     District of Columbia residents to pay an amount based upon 
     the difference between in-State and out-of-State tuition at 
     public institutions of higher education, or to pay up to 
     $2,500 each year at eligible private institutions of higher 
     education:  Provided further, That the awarding of such funds 
     may be prioritized on the basis of a resident's academic 
     merit, the income and need of eligible students and such 
     other factors as may be authorized:  Provided further, That 
     the District of Columbia government shall maintain a 
     dedicated account for the Resident Tuition Support Program 
     that shall consist of the Federal funds appropriated to the 
     Program in this Act and any subsequent appropriations, any 
     unobligated balances from prior fiscal years, and any 
     interest earned in this or any fiscal year:  Provided 
     further, That the account shall be under the control of the 
     District of Columbia Chief Financial Officer, who shall use 
     those funds solely for the purposes of carrying out the 
     Resident Tuition Support Program:  Provided further, That the 
     Office of the Chief Financial Officer shall provide a 
     quarterly financial report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     for these funds showing, by object class, the expenditures 
     made and the purpose therefor.

   federal payment for emergency planning and security costs in the 
                          district of columbia

       For a Federal payment of necessary expenses, as determined 
     by the Mayor of the District of Columbia in written 
     consultation with the elected county or city officials of 
     surrounding jurisdictions, $14,900,000, to remain available 
     until expended and in addition any funds that remain 
     available from prior year appropriations under this heading 
     for the District of Columbia Government, for the costs of 
     providing public safety at events related to the presence of 
     the national capital in the District of Columbia, including 
     support requested by the Director of the United States Secret 
     Service Division in carrying out protective duties under the 
     direction of the Secretary of Homeland Security, and for the 
     costs of providing support to respond to immediate and 
     specific terrorist threats or attacks in the District of 
     Columbia or surrounding jurisdictions.

           federal payment to the district of columbia courts

       For salaries and expenses for the District of Columbia 
     Courts, $230,319,000 to be allocated as follows: for the 
     District of Columbia Court of Appeals, $12,830,000, of which 
     not to exceed $2,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $111,687,000, of which not to exceed $2,500 
     is for official reception and representation expenses; for 
     the District of Columbia Court System, $66,712,000, of which 
     not to exceed $2,500 is for official reception and 
     representation expenses; and $39,090,000, to remain available 
     until September 30, 2013, for capital improvements for 
     District of Columbia courthouse facilities:  Provided, That 
     funds made available for capital improvements shall be 
     expended consistent with the District of Columbia Courts 
     master plan study and building evaluation report:  Provided 
     further, That notwithstanding any other provision of law, all 
     amounts under this heading shall be apportioned quarterly by 
     the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies, with payroll 
     and financial services to be provided on a contractual basis 
     with the General Services Administration (GSA), and such 
     services shall include the preparation of monthly financial 
     reports, copies of which shall be submitted directly by GSA 
     to the President and to the Committees on Appropriations of 
     the House of Representatives and the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate:  Provided further, That 
     30 days after providing written notice to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the District of Columbia Courts may reallocate not 
     more than $3,000,000 of the funds provided under this heading 
     among the items and entities funded under this heading, but 
     no such allocation shall be increased by more than 10 
     percent.

  federal payment for defender services in district of columbia courts

                     (including transfer of funds)

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice

[[Page 17466]]

     Act), payments for counsel appointed in proceedings in the 
     Family Court of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Official Code, or 
     pursuant to contractual agreements to provide guardian ad 
     litem representation, training, technical assistance, and 
     such other services as are necessary to improve the quality 
     of guardian ad litem representation, payments for counsel 
     appointed in adoption proceedings under chapter 3 of title 
     16, D.C. Official Code, and payments authorized under section 
     21-2060, D.C. Official Code (relating to services provided 
     under the District of Columbia Guardianship, Protective 
     Proceedings, and Durable Power of Attorney Act of 1986), 
     $55,000,000, to remain available until expended:  Provided, 
     That funds provided under this heading shall be administered 
     by the Joint Committee on Judicial Administration in the 
     District of Columbia:  Provided further, That notwithstanding 
     any other provision of law, this appropriation shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for expenses of other Federal agencies, with 
     payroll and financial services to be provided on a 
     contractual basis with the General Services Administration 
     (GSA), and such services shall include the preparation of 
     monthly financial reports, copies of which shall be submitted 
     directly by GSA to the President and to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on Oversight and Government Reform of 
     the House of Representatives, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate:  Provided 
     further, That not more than $10,000,000 of the funds provided 
     in this account may be transferred to, and merged with, funds 
     made available under the heading ``Federal Payment to the 
     District of Colombia Courts'' for District of Columbia 
     courthouse facilities.

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997, $212,983,000, of which 
     not to exceed $2,000 is for official reception and 
     representation expenses related to Community Supervision and 
     Pretrial Services Agency programs; of which not to exceed 
     $25,000 is for dues and assessments relating to the 
     implementation of the Court Services and Offender Supervision 
     Agency Interstate Supervision Act of 2002; of which 
     $1,000,000 shall remain available until September 30, 2014 
     for relocation of the Pretrial Services Agency drug testing 
     laboratory; of which $153,548,000 shall be for necessary 
     expenses of Community Supervision and Sex Offender 
     Registration, to include expenses relating to the supervision 
     of adults subject to protection orders or the provision of 
     services for or related to such persons; of which $59,435,000 
     shall be available to the Pretrial Services Agency:  
     Provided, That notwithstanding any other provision of law, 
     all amounts under this heading shall be apportioned quarterly 
     by the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies:  Provided 
     further, That not less than $1,500,000 shall be available for 
     re-entrant housing in the District of Columbia:  Provided 
     further, That the Director is authorized to accept and use 
     gifts in the form of in-kind contributions of space and 
     hospitality to support offender and defendant programs, and 
     equipment and vocational training services to educate and 
     train offenders and defendants:  Provided further, That the 
     Director shall keep accurate and detailed records of the 
     acceptance and use of any gift or donation under the previous 
     proviso, and shall make such records available for audit and 
     public inspection:  Provided further, That the Court Services 
     and Offender Supervision Agency Director is authorized to 
     accept and use reimbursement from the District of Columbia 
     Government for space and services provided on a cost 
     reimbursable basis.

  federal payment to the public defender service for the district of 
                                columbia

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the District of Columbia Public 
     Defender Service, as authorized by the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     $37,241,000:  Provided, That notwithstanding any other 
     provision of law, all amounts under this heading shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of Federal agencies.

 federal payment to the district of columbia water and sewer authority

       For a Federal payment to the District of Columbia Water and 
     Sewer Authority, $15,000,000, to remain available until 
     expended, to continue implementation of the Combined Sewer 
     Overflow Long-Term Plan:  Provided, That the District of 
     Columbia Water and Sewer Authority provides a 100 percent 
     match for this payment.

      federal payment to the criminal justice coordinating council

       For a Federal payment to the Criminal Justice Coordinating 
     Council, $1,800,000, to remain available until expended, to 
     support initiatives related to the coordination of Federal 
     and local criminal justice resources in the District of 
     Columbia.

                federal payment for judicial commissions

       For a Federal payment, to remain available until September 
     30, 2013, to the Commission on Judicial Disabilities and 
     Tenure, $295,000, and for the Judicial Nomination Commission, 
     $205,000.

                 federal payment for school improvement

       For a Federal payment for a school improvement program in 
     the District of Columbia, $60,000,000, to be allocated as 
     follows: for the District of Columbia Public Schools, 
     $20,000,000 to improve public school education in the 
     District of Columbia, to remain available until expended; for 
     the State Education Office, $20,000,000 to expand quality 
     public charter schools in the District of Columbia, to remain 
     available until expended; and for the Secretary of the 
     Department of Education, $20,000,000 to provide opportunity 
     scholarships for students in the District of Columbia in 
     accordance with the Scholarships for Opportunity and Results 
     Act (Public Law 112-10, division C, 125 Stat. 199), to remain 
     available until expended.

      federal payment for the district of columbia national guard

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

                       District of Columbia Funds

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the General Fund 
     of the District of Columbia (``General Fund''), except as 
     otherwise specifically provided:  Provided, That 
     notwithstanding any other provision of law, except as 
     provided in section 450A of the District of Columbia Home 
     Rule Act, (114 Stat. 2440; D.C. Official Code, section 1-
     204.50a) and provisions of this Act, the total amount 
     appropriated in this Act for operating expenses for the 
     District of Columbia for fiscal year 2012 under this heading 
     shall not exceed the lesser of the sum of the total revenues 
     of the District of Columbia for such fiscal year or 
     $10,911,966,000 (of which $6,208,646,000 shall be from local 
     funds, (including $526,594,000 from dedicated taxes), 
     $1,015,449,000 shall be from Federal grant funds, 
     $1,499,115,000 from Medicaid payments, $2,040,504,000 shall 
     be from other funds, and $25,677,000 shall be from private 
     funds, and $122,575,000 shall be from funds previously 
     appropriated in this Act as Federal payments:  Provided 
     further, That of the local funds, such amounts as may be 
     necessary may be derived from the District's General Fund 
     balance:  Provided further, That of these funds the 
     District's intra-District authority shall be $619,632,000: in 
     addition, for capital construction projects, an increase of 
     $4,024,828,000, of which $2,934,012,000 shall be from local 
     funds, $223,858,000 from the District of Columbia Highway 
     Trust Fund, $50,466,000 from the Local Transportation Fund, 
     $816,492,000 from Federal grant funds, and a rescission of 
     $2,835,689,000 of which $1,796,345,000 shall be from local 
     funds, $749,426,000 from Federal grant funds, $252,694,000 
     from the District of Columbia Highway Trust Fund, and 
     $37,224,000 from the Local Transportation Fund appropriated 
     under this heading in prior fiscal years, for a net amount of 
     $1,189,139,000, to remain available until expended:  Provided 
     further, That the amounts provided under this heading are to 
     be available, allocated, and expended as proposed under title 
     III of the Fiscal Year 2012 Budget Request Act of 2011, at 
     the rate set forth under ``District of Columbia Funds 
     Division of Expenses'' as included in the of the Fiscal Year 
     2012 Proposed Budget and Financial Plan submitted to the 
     Congress by the District of Columbia:  Provided further, That 
     this amount may be increased by proceeds of one-time 
     transactions, which are expended for emergency or 
     unanticipated operating or capital needs:  Provided further, 
     That such increases shall be approved by enactment of local 
     District law and shall comply with all reserve requirements 
     contained in the District of Columbia Home Rule Act:  
     Provided further, That the Chief Financial Officer of the 
     District of Columbia shall take such steps as are necessary 
     to assure that the District of Columbia meets these 
     requirements, including the apportioning by the Chief 
     Financial Officer of the appropriations and funds made 
     available to the District during fiscal year 2012, except 
     that the Chief Financial Officer may not reprogram for 
     operating expenses any funds derived from bonds, notes, or 
     other obligations issued for capital projects.
        This title may be cited as the ``District of Columbia 
     Appropriations Act, 2012''.

[[Page 17467]]



                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

       For necessary expenses of the Administrative Conference of 
     the United States, authorized by 5 U.S.C. 591 et seq., 
     $2,900,000, to remain available until September 30, 2013, of 
     which not to exceed $1,000,000 is for official reception and 
     representation expenses.

               Christopher Columbus Fellowship Foundation

                         salaries and expenses

       For payment to the Christopher Columbus Fellowship 
     Foundation, established by section 423 of Public Law 102-281, 
     $450,000, to remain available until expended.

                  Commodity Futures Trading Commission

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
     purchase and hire of passenger motor vehicles, and the rental 
     of space (to include multiple year leases) in the District of 
     Columbia and elsewhere, $240,000,000, to remain available 
     until September 30, 2013, including not to exceed $3,000 for 
     official reception and representation expenses, and not to 
     exceed $25,000 for the expenses for consultations and 
     meetings hosted by the Commission with foreign governmental 
     and other regulatory officials, and of which $66,000,000 
     shall remain available for information technology investments 
     until September 30, 2014.

                   Consumer Product Safety Commission

                         salaries and expenses

       For necessary expenses of the Consumer Product Safety 
     Commission, including hire of passenger motor vehicles, 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable under 5 U.S.C. 5376, purchase of nominal 
     awards to recognize non-Federal officials' contributions to 
     Commission activities, and not to exceed $4,000 for official 
     reception and representation expenses, $114,500,000.

     administrative provisions--consumer product safety commission

       Sec. 501.  Section 4(g) of the Consumer Product Safety Act 
     (15 U.S.C. 2053(g)) is amended by adding at the end the 
     following:
       ``(5) The Chairman may provide to officers and employees of 
     the Commission who are appointed or assigned by the 
     Commission to serve abroad (as defined in section 102 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3902)) travel benefits 
     similar to those authorized for members of the Foreign 
     Service of the United Service under chapter 9 of such Act (22 
     U.S.C. 4081 et seq.).''.
       Sec. 502. (a) The Consumer Product Safety Act (15 U.S.C. 
     2051 et seq.) is amended by inserting after section 17 the 
     following:

     ``SEC. 17A. SERVICE OF PROCESS.

       ``(a) Designating Agents.--
       ``(1) In general.--The Commission may require a 
     manufacturer, or class of manufacturers, offering a consumer 
     product for import to designate an agent in the United States 
     on whom service of notices and process in administrative and 
     judicial proceedings may be made.
       ``(2) Filing.--The designation shall be in writing and 
     filed with the Commission.
       ``(3) Modification.--The designation may be changed in the 
     same way originally made.
       ``(b) Service.--
       ``(1) Place of service.--An agent may be served at the 
     agent's office or usual place of residence.
       ``(2) Service on agent is service on manufacturer.--Service 
     on the agent is deemed to be service on the manufacturer.
       ``(3) No designated agent.--If a manufacturer does not 
     designate an agent, service may be made by posting the notice 
     or process in the office of the Commission.''.
       (b) The table of contents in section 1 of such Act is 
     amended by inserting after the item relating to section 17 
     the following:

``17A. Service of process.''.

       Sec. 503. (a) Not later than 1 year after the date of the 
     enactment of this Act, the Consumer Product Safety Commission 
     shall promulgate, as a final consumer product safety standard 
     under section 7(a) of the Consumer Product Safety Act (15 
     U.S.C. 2056(a))--
       (1) a standard requiring button cell battery compartments 
     of battery-operated or assisted consumer products to be 
     secured, to the greatest extent practicable, in a manner that 
     reduces access to button cell batteries by children that are 
     3 years of age or younger; and
       (2) standards requiring warning labels--
       (A) to be included in any literature that accompanies a 
     battery-operated or assisted consumer product, such as a user 
     manual;
       (B) to be included on packaging for button cell batteries 
     sold to consumers; and
       (C) to be included, as practicable, directly on a battery-
     operated or assisted consumer product in a manner that is 
     visible to the consumer upon installation or replacement of 
     the button cell battery.
       (b) Warning labels required under subsection (a) shall--
       (1) clearly identify the hazard of ingestion; and
       (2) instruct consumers, as practicable, to keep new and 
     used batteries out of the reach of children and to seek 
     immediate medical attention if a battery is ingested.
       (c)(1) The standards required by subsection (a) shall be 
     promulgated in accordance with section 553 of title 5, United 
     States Code.
       (2) The requirements of subsections (a) through (f) and 
     (g)(1) of section 9 of the Consumer Product Safety Act (15 
     U.S.C. 2058) shall not apply to the promulgation of the 
     standards required by subsection (a) of this section.
       (d) Each final consumer product safety standard required by 
     subsection (a) shall apply to battery-operated or assisted 
     consumer products manufactured on or after the date that is 1 
     year after the date on which the Commission promulgates the 
     standard.
       Sec. 504.  Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct an analysis of the potential safety 
     risks associated with new and emerging consumer products, 
     including chemicals and other materials used in their 
     manufacture, taking into account the ability and authority of 
     the Consumer Product Safety Commission--
       (1) to identify, assess, and address such risks in a timely 
     manner; and
       (2) to keep abreast of the effects of new and emerging 
     consumer products on public health and safety.
       Sec. 505.  Not later than 150 days after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct an analysis of--
       (1) the extent to which manufacturers comply with voluntary 
     industry standards for consumer products, particularly with 
     respect to inexpensive, imported products;
       (2) whether there are consequences for such manufacturers 
     for failing to comply with such standards;
       (3) whether the Consumer Product Safety Commission has the 
     authority and the ability to require compliance with such 
     standards; and
       (4) whether there are patterns of non-compliance with such 
     standards among certain types of products or certain types of 
     manufacturers.
       Sec. 505.  Not later than 540 days after the date of the 
     enactment of this Act, the Consumer Product Safety Commission 
     shall--
       (1) in consultation with representatives of consumer 
     groups, window blind manufacturers, and independent engineers 
     and experts, examine and assess the effectiveness of the 
     ANSI/WCMA A100.1-2010 safety standard, as in effect on the 
     day before the date of the enactment of this Act; and
       (2) if the Commission determines that a more stringent 
     standard for window coverings, or revised version of the 
     standard described in paragraph (1), would eliminate the 
     strangulation risk posed by corded window coverings, 
     promulgate, in accordance with section 553 of title 5, United 
     States Code, a window covering safety standard that is more 
     stringent than the standard described in paragraph (1).

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out the Help America Vote 
     Act of 2002 (Public Law 107-252), $14,750,000, of which 
     $3,250,000 shall be transferred to the National Institute of 
     Standards and Technology for election reform activities 
     authorized under the Help America Vote Act of 2002.

                   Federal Communications Commission

                         salaries and expenses

       For necessary expenses of the Federal Communications 
     Commission, as authorized by law, including uniforms and 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; not 
     to exceed $4,000 for official reception and representation 
     expenses; purchase and hire of motor vehicles; special 
     counsel fees; and services as authorized by 5 U.S.C. 3109, 
     $354,181,000:  Provided, That $354,181,000 of offsetting 
     collections shall be assessed and collected pursuant to 
     section 9 of title I of the Communications Act of 1934, shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended:  
     Provided further, That the sum herein appropriated shall be 
     reduced as such offsetting collections are received during 
     fiscal year 2012 so as to result in a final fiscal year 2012 
     appropriation estimated at $0:  Provided further, That any 
     offsetting collections received in excess of $354,181,000 in 
     fiscal year 2012 shall not be available for obligation:  
     Provided further, That remaining offsetting collections from 
     prior years collected in excess of the amount specified for 
     collection in each such year and otherwise becoming available 
     on October 1, 2011, shall not be available for obligation:  
     Provided further, That notwithstanding 47 U.S.C. 
     309(j)(8)(B), proceeds from the use of a competitive bidding 
     system that may be retained and made available for obligation 
     shall not exceed $85,000,000 for fiscal year 2012:  Provided 
     further, That of the amount appropriated under this heading, 
     not less than $11,721,000 shall be for the salaries and 
     expenses of the Office of Inspector General.

      administrative provisions--federal communications commission

       Sec. 510.  Section 302 of the Universal Service 
     Antideficiency Temporary Suspension Act is amended by 
     striking ``December 31,

[[Page 17468]]

     2011'', each place it appears and inserting ``December 31, 
     2013''.
       Sec. 511.  None of the funds appropriated by this Act may 
     be used by the Federal Communications Commission to modify, 
     amend, or change its rules or regulations for universal 
     service support payments to implement the February 27, 2004 
     recommendations of the Federal-State Joint Board on Universal 
     Service regarding single connection or primary line 
     restrictions on universal service support payments.

                 Federal Deposit Insurance Corporation

                    office of the inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $45,261,000, to be derived from the Deposit 
     Insurance Fund or, only when appropriate, the FSLIC 
     Resolution Fund.

                      Federal Election Commission

                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, $66,367,000, of which 
     not to exceed $5,000 shall be available for reception and 
     representation expenses.

                   Federal Labor Relations Authority

                         salaries and expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services authorized by 5 U.S.C. 3109, and 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, and rental of conference rooms in the 
     District of Columbia and elsewhere, $24,723,000:  Provided, 
     That public members of the Federal Service Impasses Panel may 
     be paid travel expenses and per diem in lieu of subsistence 
     as authorized by law (5 U.S.C. 5703) for persons employed 
     intermittently in the Government service, and compensation as 
     authorized by 5 U.S.C. 3109:  Provided further, That 
     notwithstanding 31 U.S.C. 3302, funds received from fees 
     charged to non-Federal participants at labor-management 
     relations conferences shall be credited to and merged with 
     this account, to be available without further appropriation 
     for the costs of carrying out these conferences.

                        Federal Trade Commission

                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses, 
     $311,563,000, to remain available until expended:  Provided, 
     That not to exceed $300,000 shall be available for use to 
     contract with a person or persons for collection services in 
     accordance with the terms of 31 U.S.C. 3718:  Provided 
     further, That, notwithstanding any other provision of law, 
     not to exceed $149,000,000 of offsetting collections derived 
     from fees collected for premerger notification filings under 
     the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 
     U.S.C. 18a), regardless of the year of collection, shall be 
     retained and used for necessary expenses in this 
     appropriation:  Provided further, That, notwithstanding any 
     other provision of law, not to exceed $21,000,000 in 
     offsetting collections derived from fees sufficient to 
     implement and enforce the Telemarketing Sales Rule, 
     promulgated under the Telemarketing and Consumer Fraud and 
     Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be 
     credited to this account, and be retained and used for 
     necessary expenses in this appropriation:  Provided further, 
     That the sum herein appropriated from the general fund shall 
     be reduced as such offsetting collections are received during 
     fiscal year 2012, so as to result in a final fiscal year 2012 
     appropriation from the general fund estimated at not more 
     than $141,563,000:  Provided further, That none of the funds 
     made available to the Federal Trade Commission may be used to 
     implement subsection (e)(2)(B) of section 43 of the Federal 
     Deposit Insurance Act (12 U.S.C. 1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

       Amounts in the Fund, including revenues and collections 
     deposited into the Fund shall be available for necessary 
     expenses of real property management and related activities 
     not otherwise provided for, including operation, maintenance, 
     and protection of federally owned and leased buildings; 
     rental of buildings in the District of Columbia; restoration 
     of leased premises; moving governmental agencies (including 
     space adjustments and telecommunications relocation expenses) 
     in connection with the assignment, allocation and transfer of 
     space; contractual services incident to cleaning or servicing 
     buildings, and moving; repair and alteration of federally 
     owned buildings including grounds, approaches and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings and sites; conversion and extension of 
     federally owned buildings; preliminary planning and design of 
     projects by contract or otherwise; construction of new 
     buildings (including equipment for such buildings); and 
     payment of principal, interest, and any other obligations for 
     public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $8,144,967,000, 
     of which: (1) $65,000,000 shall remain available until 
     expended for construction and acquisition (including funds 
     for sites and expenses, and associated design and 
     construction services):  Provided, That the General Services 
     Administration shall submit a detailed plan, by project, 
     regarding the use of funds to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 30 days of enactment of this section and will provide 
     notification to the Committees within 15 days prior to any 
     changes regarding the use of these funds; (2) $280,000,000, 
     including $20,000,000 for a Judicial Capital Security 
     program, to remain available until expended for repairs and 
     alterations, which includes associated design and 
     construction services:  Provided further, That funds made 
     available in this or any previous Act in the Federal 
     Buildings Fund for Repairs and Alterations shall, for 
     prospectus projects, be limited to the amount identified for 
     each project, except each project in this or any previous Act 
     may be increased by an amount not to exceed 10 percent unless 
     advance approval is obtained from the Committees on 
     Appropriations of a greater amount:  Provided further, That 
     additional projects for which prospectuses have been fully 
     approved may be funded under this category only if advance 
     approval is obtained from the Committees on Appropriations:  
     Provided further, That the amounts provided in this or any 
     prior Act for ``Repairs and Alterations'' may be used to fund 
     costs associated with implementing security improvements to 
     buildings necessary to meet the minimum standards for 
     security in accordance with current law and in compliance 
     with the reprogramming guidelines of the appropriate 
     Committees of the House and Senate:  Provided further, That 
     the difference between the funds appropriated and expended on 
     any projects in this or any prior Act, under the heading 
     ``Repairs and Alterations'', may be transferred to Basic 
     Repairs and Alterations or used to fund authorized increases 
     in prospectus projects:  Provided further, That all funds for 
     repairs and alterations prospectus projects shall expire on 
     September 30, 2013 and remain in the Federal Buildings Fund 
     except funds for projects as to which funds for design or 
     other funds have been obligated in whole or in part prior to 
     such date:  Provided further, That the amount provided in 
     this or any prior Act for Basic Repairs and Alterations may 
     be used to pay claims against the Government arising from any 
     projects under the heading ``Repairs and Alterations'' or 
     used to fund authorized increases in prospectus projects; (3) 
     $126,801,000 for installment acquisition payments including 
     payments on purchase contracts which shall remain available 
     until expended; (4) $5,285,198,000 for rental of space which 
     shall remain available until expended; and (5) $2,387,968,000 
     for building operations which shall remain available until 
     expended:  Provided further, That funds available to the 
     General Services Administration shall not be available for 
     expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 40 
     U.S.C. 3307(a), has not been approved, except that necessary 
     funds may be expended for each project for required expenses 
     for the development of a proposed prospectus:  Provided 
     further, That funds available in the Federal Buildings Fund 
     may be expended for emergency repairs when advance approval 
     is obtained from the Committees on Appropriations:  Provided 
     further, That amounts necessary to provide reimbursable 
     special services to other agencies under 40 U.S.C. 592(b)(2) 
     and amounts to provide such reimbursable fencing, lighting, 
     guard booths, and other facilities on private or other 
     property not in Government ownership or control as may be 
     appropriate to enable the United States Secret Service to 
     perform its protective functions pursuant to 18 U.S.C. 3056, 
     shall be available from such revenues and collections:  
     Provided further, That revenues and collections and any other 
     sums accruing to this Fund during fiscal year 2012, excluding 
     reimbursements under 40 U.S.C. 592(b)(2) in excess of the 
     aggregate new obligational authority authorized for Real 
     Property Activities of the Federal Buildings Fund in this Act 
     shall remain in the Fund and shall not be available for 
     expenditure except as authorized in appropriations Acts.

                           general activities

                         government-wide policy

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and evaluation activities 
     associated with the management of real and personal property 
     assets and certain administrative services; Government-wide 
     policy support responsibilities relating to acquisition, 
     telecommunications, information technology management, and 
     related technology activities; services as authorized by 5 
     U.S.C. 3109; and the Office of High Performance Green 
     Buildings; $61,750,000.

[[Page 17469]]



                           operating expenses

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide activities associated with utilization 
     and donation of surplus personal property; disposal of real 
     property; agency-wide policy direction, management, and 
     communications; the Civilian Board of Contract Appeals; 
     services as authorized by 5 U.S.C. 3109; and not to exceed 
     $7,500 for official reception and representation expenses; 
     $70,000,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     and service authorized by 5 U.S.C. 3109, $58,000,000:  
     Provided, That not to exceed $15,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property:  Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.

                information and engagement for citizens

                     (including transfer of funds)

       For necessary expenses of the Office of Citizen Services 
     and Innovative Technologies, including services authorized by 
     5 U.S.C. 3109, and for the necessary expenses in support of 
     interagency projects that enable the Federal Government to 
     conduct activities electronically, through the development 
     and implementation of innovative uses of information 
     technology, $39,084,000 to be deposited to the Federal 
     Citizen Services Fund and that these funds may be transferred 
     to Federal agencies to carry out the purpose of the fund and 
     this transfer authority shall be in addition to any other 
     transfer authority provided in the Act:  Provided, That the 
     appropriations, revenues, reimburseables, and collections 
     deposited into the Federal Citizen Services Fund shall only 
     be available for necessary expenses of Federal Citizen 
     Services and other information activities in the aggregate 
     amount not to exceed $90,000,000:  Provided further, That 
     revenues and collections accruing to the Fund during fiscal 
     year 2012 in excess of such amount shall remain available in 
     the Fund without regard to fiscal year and shall not be 
     available for expenditure except as authorized in 
     appropriations acts.

           allowances and office staff for former presidents

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

       administrative provisions--general services administration

             (including transfers of funds and rescission)

       Sec. 520.  Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 521.  Funds in the Federal Buildings Fund made 
     available for fiscal year 2012 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements:  Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations of the House of 
     Representatives and the Senate.
       Sec. 522.  Except as otherwise provided in this title, 
     funds made available by this Act shall be used to transmit a 
     fiscal year 2013 request for United States Courthouse 
     construction only if the request: (1) meets the design guide 
     standards for construction as established and approved by the 
     General Services Administration, the Judicial Conference of 
     the United States, and the Office of Management and Budget; 
     (2) reflects the priorities of the Judicial Conference of the 
     United States as set out in its approved 5-year construction 
     plan; and (3) includes a standardized courtroom utilization 
     study of each facility to be constructed, replaced, or 
     expanded.
       Sec. 523.  None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in compliance with the Public 
     Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 524.  From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 525.  In any case in which the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate adopt a resolution granting lease 
     authority pursuant to a prospectus transmitted to Congress by 
     the Administrator of the General Services Administration 
     under 40 U.S.C. 3307, the Administrator shall ensure that the 
     delineated area of procurement is identical to the delineated 
     area included in the prospectus for all lease agreements, 
     except that, if the Administrator determines that the 
     delineated area of the procurement should not be identical to 
     the delineated area included in the prospectus, the 
     Administrator shall provide an explanatory statement to each 
     of such committees and the Committees on Appropriations of 
     the House of Representatives and the Senate prior to 
     exercising any lease authority provided in the resolution.
       Sec. 526.  Section 1703 of title 41 U.S.C. is amended in 
     paragraph (i)(6) by:
       (1) deleting ``for training''; and
       (2) deleting ``paragraph (2)'' and inserting in lieu 
     thereof ``subparagraphs (A) and (C) to (J) of section 
     1122(a)(5) of this title''.
       Sec. 527. (a) The Administrator of General Services 
     (Administrator), through a deed of release or other 
     appropriate instrument, may release to the city of Tracy, 
     California (the City) the reversionary interests retained by 
     the United States, and all other terms, conditions, 
     reservations, and restrictions imposed, in connection with 
     the conveyance of the 200 acres conveyed pursuant to Public 
     Law 105-277 section 140, as amended by Public Law 106-31 
     section 3034 and Public Law 108-199 section 411. The exact 
     acreage and legal description of the parcel to be released 
     under subsection (a) shall be determined by a survey that is 
     satisfactory to the Administrator.
       (b) As consideration for such release authorized under 
     subsection (a), the City shall pay to the Administrator an 
     amount not less than the property's appraised Fair Market 
     Value as determined by the Administrator. The determination 
     of the Administrator is final. The Administrator shall 
     determine the property's Fair Market Value through an 
     appraisal conducted by a licensed, independent appraiser. The 
     appraisal shall be based on the property's highest and best 
     use.
       (c) As soon as practicable, but not more than 180 days 
     after enactment of this Act, the City shall enter into a 
     binding agreement with the Administrator for the conveyance 
     described in subsection (a) of this section. The net proceeds 
     from sale shall be deposited into the Federal Buildings Fund 
     established under section 592 of title 40 of the United 
     States Code.
       (d) The City shall be responsible for reimbursing the 
     Administrator for the costs associated with implementing this 
     section, including the costs of appraisal and survey. The 
     Administrator may require such additional terms and 
     conditions in connection with the release under subsection 
     (a) as the Administrator considers appropriate to protect the 
     interests of the United States.
       Sec. 528.  Of the amounts made available under the heading 
     ``Policy and Operations'' for the maintenance, protection, 
     and disposal of the U.S. Coast Guard Service Center at 
     Governor's Island, New York and the Lorton Correctional 
     Facility in Lorton, Virginia in prior years whether 
     approporated directly to the General Services Administration 
     (GSA) or to any other agency of the Government and received 
     by GSA for such purpose, $4,600,000 are rescinded.
       Sec. 529.  Within 120 days of enactment, the General 
     Services Administration shall submit a detailed report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that describes each program, project, or 
     activity that is funded by appropriations to General Services 
     Administration but is not under the control or direction, in 
     statute or in practice, of the Administrator of General 
     Services.

                 Harry S Truman Scholarship Foundation

                         salaries and expenses

       For payment to the Harry S Truman Scholarship Foundation 
     Trust Fund, established by section 10 of Public Law 93-642, 
     $700,000, to remain available until expended.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978, the Civil Service Reform Act of 1978, and 
     the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
     note), including services as authorized by 5 U.S.C. 3109, 
     rental of conference rooms in the District of Columbia and 
     elsewhere, hire of passenger motor vehicles, direct 
     procurement of survey printing, and not to exceed $2,000 for 
     official reception and representation expenses, $40,258,000 
     together with not to exceed $2,345,000 for administrative 
     expenses to adjudicate retirement appeals to be transferred 
     from the Civil Service Retirement and Disability Fund in 
     amounts determined by the Merit Systems Protection Board.

            Morris K. Udall and Stewart L. Udall Foundation

            morris k. udall and stewart l. udall trust fund

                     (including transfer of funds)

       For payment to the Morris K. Udall and Stewart L. Udall 
     Trust Fund, pursuant to the Morris K. Udall and Stewart L. 
     Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,200,000, to 
     remain available until expended, of which up to $50,000 shall 
     be used to conduct financial audits pursuant to the 
     Accountability of Tax Dollars Act of 2002 (Public Law 107-
     289) notwithstanding sections 8

[[Page 17470]]

     and 9 of Public Law 102-259:  Provided, That up to 60 percent 
     of such funds may be transferred by the Morris K. Udall and 
     Stewart L. Udall Foundation for the necessary expenses of the 
     Native Nations Institute.

                 environmental dispute resolution fund

       For payment to the Environmental Dispute Resolution Fund to 
     carry out activities authorized in the Environmental Policy 
     and Conflict Resolution Act of 1998, $3,792,000, to remain 
     available until expended.

              National Archives and Records Administration

                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives and Records 
     Administration (including the Information Security Oversight 
     Office) and archived Federal records and related activities, 
     as provided by law, and for expenses necessary for the review 
     and declassification of documents and the activities of the 
     Public Interest Declassification Board, and for necessary 
     expenses in connection with the operations and maintenance of 
     the electronic records archives to include all direct project 
     costs associated with research, program management, and 
     corrective and adaptive software maintenance, and for the 
     hire of passenger motor vehicles, and for uniforms or 
     allowances therefor, as authorized by law (5 U.S.C. 5901 et 
     seq.), including maintenance, repairs, and cleaning, 
     $378,845,000:  Provided, That all remaining balances 
     appropriated in prior fiscal years under the heading 
     ``Electronic Records Archives'' shall be transferred to this 
     account.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General 
     Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16 
     (2008), and the Inspector General Act of 1978 (5 U.S.C. 
     App.), and for the hire of passenger motor vehicles, 
     $4,100,000.

                        repairs and restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $9,659,000, to remain available until expended:  Provided, 
     That from amounts made available for the Military Personnel 
     Records Center requirement study under this heading in Public 
     Law 108-199, the remaining unobligated balances shall be 
     available to implement the National Archives and Records 
     Administration Capital Improvement Plan:  Provided further, 
     That from amounts made available under this heading in Public 
     Law 111-8 for construction costs and related services for 
     building the addition to the John F. Kennedy Presidential 
     Library and Museum and other necessary expenses, including 
     renovating the Library as needed in constructing the 
     addition, the remaining unobligated balances shall be 
     available to implement the National Archives and Records 
     Administration Capital Improvement Plan.

         national historical publications and records commission

                             grants program

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, $5,000,000, to remain available until expended.

                  National Credit Union Administration

                       central liquidity facility

       During fiscal year 2012, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions, as authorized by 12 U.S.C. 
     1795 et seq., shall be the amount authorized by section 
     307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 
     1795f(a)(4)(A)):  Provided, That administrative expenses of 
     the Central Liquidity Facility in fiscal year 2012 shall not 
     exceed $1,250,000.

               community development revolving loan fund

       For the Community Development Revolving Loan Fund program 
     as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,247,000 
     shall be available until September 30, 2013 for technical 
     assistance to low-income designated credit unions.

                      Office of Government Ethics

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, and the Ethics Reform Act of 1989, including 
     services as authorized by 5 U.S.C. 3109, rental of conference 
     rooms in the District of Columbia and elsewhere, hire of 
     passenger motor vehicles, and not to exceed $1,500 for 
     official reception and representation expenses, $13,664,000.

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management [OPM] pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; advances for reimbursements to applicable funds of 
     OPM and the Federal Bureau of Investigation for expenses 
     incurred under Executive Order No. 10422 of January 9, 1953, 
     as amended; and payment of per diem and/or subsistence 
     allowances to employees where Voting Rights Act activities 
     require an employee to remain overnight at his or her post of 
     duty, $97,774,000, of which $6,004,000 shall remain available 
     until expended for the Enterprise Human Resources Integration 
     project, of which $642,000 may be for strengthening the 
     capacity and capabilities of the acquisition workforce (as 
     defined by the Office of Federal Procurement Policy Act, as 
     amended (41 U.S.C. 4001 et seq.)), including the recruitment, 
     hiring, training, and retention of such workforce and 
     information technology in support of acquisition workforce 
     effectiveness or for management solutions to improve 
     acquisition management, $1,416,000 shall remain available 
     until expended for the Human Resources Line of Business 
     project; and in addition $112,516,000 for administrative 
     expenses, to be transferred from the appropriate trust funds 
     of OPM without regard to other statutes, including direct 
     procurement of printed materials, for the retirement and 
     insurance programs:  Provided, That the provisions of this 
     appropriation shall not affect the authority to use 
     applicable trust funds as provided by sections 8348(a)(1)(B), 
     and 9004(f)(2)(A) of title 5, United States Code:  Provided 
     further, That no part of this appropriation shall be 
     available for salaries and expenses of the Legal Examining 
     Unit of OPM established pursuant to Executive Order No. 9358 
     of July 1, 1943, or any successor unit of like purpose:  
     Provided further, That the President's Commission on White 
     House Fellows, established by Executive Order No. 11183 of 
     October 3, 1964, may, during fiscal year 2012, accept 
     donations of money, property, and personal services:  
     Provided further, That such donations, including those from 
     prior years, may be used for the development of publicity 
     materials to provide information about the White House 
     Fellows, except that no such donations shall be accepted for 
     travel or reimbursement of travel expenses, or for the 
     salaries of employees of such Commission.

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, including services as authorized by 5 U.S.C. 3109, 
     hire of passenger motor vehicles, $3,142,000, and in 
     addition, not to exceed $21,174,000 for administrative 
     expenses to audit, investigate, and provide other oversight 
     of the Office of Personnel Management's retirement and 
     insurance programs, to be transferred from the appropriate 
     trust funds of the Office of Personnel Management, as 
     determined by the Inspector General:  Provided, That the 
     Inspector General is authorized to rent conference rooms in 
     the District of Columbia and elsewhere.

      government payment for annuitants, employees health benefits

       For payment of Government contributions with respect to 
     retired employees, as authorized by chapter 89 of title 5, 
     United States Code, and the Retired Federal Employees Health 
     Benefits Act (74 Stat. 849), such sums as may be necessary.

       government payment for annuitants, employee life insurance

       For payment of Government contributions with respect to 
     employees retiring after December 31, 1989, as required by 
     chapter 87 of title 5, United States Code, such sums as may 
     be necessary.

        payment to civil service retirement and disability fund

       For financing the unfunded liability of new and increased 
     annuity benefits becoming effective on or after October 20, 
     1969, as authorized by 5 U.S.C. 8348, and annuities under 
     special Acts to be credited to the Civil Service Retirement 
     and Disability Fund, such sums as may be necessary:  
     Provided, That annuities authorized by the Act of May 29, 
     1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may 
     hereafter be paid out of the Civil Service Retirement and 
     Disability Fund.

                       Office of Special Counsel

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel pursuant to Reorganization Plan Numbered 2 
     of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
     454), the Whistleblower Protection Act of 1989 (Public Law 
     101-12), Public Law 107-304, and the Uniformed Services 
     Employment and Reemployment Rights Act of 1994 (Public Law 
     103-353), including services as authorized by 5 U.S.C. 3109, 
     payment of fees and expenses for witnesses, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     and hire of passenger motor vehicles; $18,972,000.

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Postal Regulatory Commission 
     in carrying out the provisions of the Postal Accountability 
     and Enhancement Act (Public Law 109-435),

[[Page 17471]]

     $14,304,000, to be derived by transfer from the Postal 
     Service Fund and expended as authorized by section 603(a) of 
     such Act.

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

       For necessary expenses of the Privacy and Civil Liberties 
     Oversight Board, as authorized by section 1061 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (5 
     U.S.C. 601 note), $1,000,000, to remain available until 
     September 30, 2013.

             Recovery Accountability and Transparency Board

                         salaries and expenses

       For necessary expenses of the Recovery Accountability and 
     Transparency Board to carry out the provisions of title XV of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5), $28,400,000, to remain available until September 
     30, 2012.

                   Securities and Exchange Commission

                         salaries and expenses

       For necessary expenses for the Securities and Exchange 
     Commission, including services as authorized by 5 U.S.C. 
     3109, the rental of space (to include multiple year leases) 
     in the District of Columbia and elsewhere, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $1,407,483,130, to remain available until expended; of which 
     not less than $6,795,000 shall be for the Office of Inspector 
     General; of which not to exceed $45,000 may be used toward 
     funding a permanent secretariat for the International 
     Organization of Securities Commissions; of which, $483,130 
     shall be for strengthening the capacity and capabilities of 
     the acquisition workforce as defined by the Office of Federal 
     Procurement Policy Act, as amended (41 U.S.C. 401 et seq.), 
     including the recruitment, hiring, training, and retention of 
     such workforce and information technology in support of 
     acquisition workforce effectiveness or for management 
     solutions to improve acquisition management; and of which not 
     to exceed $100,000 shall be available for expenses for 
     consultations and meetings hosted by the Commission with 
     foreign governmental and other regulatory officials, members 
     of their delegations, appropriate representatives and staff 
     to exchange views concerning developments relating to 
     securities matters, development and implementation of 
     cooperation agreements concerning securities matters and 
     provision of technical assistance for the development of 
     foreign securities markets, such expenses to include 
     necessary logistic and administrative expenses and the 
     expenses of Commission staff and foreign invitees in 
     attendance at such consultations and meetings including: (1) 
     such incidental expenses as meals taken in the course of such 
     attendance; (2) any travel and transportation to or from such 
     meetings; and (3) any other related lodging or subsistence;  
     Provided, That fees and charges authorized by section 31 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be 
     credited to this account as offsetting collections:  Provided 
     further, That not to exceed $1,407,483,000 of such offsetting 
     collections shall be available until expended for necessary 
     expenses of this account:  Provided further, That the total 
     amount appropriated under this heading from the general fund 
     for fiscal year 2012 shall be reduced as such offsetting fees 
     are received so as to result in a final total fiscal year 
     2012 appropriation from the general fund estimated at not 
     more than $0.

                        Selective Service System

                         salaries and expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by 5 U.S.C. 4101-4118 for civilian 
     employees; purchase of uniforms, or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
     vehicles; services as authorized by 5 U.S.C. 3109; and not to 
     exceed $750 for official reception and representation 
     expenses; $23,984,000:  Provided, That during the current 
     fiscal year, the President may exempt this appropriation from 
     the provisions of 31 U.S.C. 1341, whenever the President 
     deems such action to be necessary in the interest of national 
     defense:  Provided further, That none of the funds 
     appropriated by this Act may be expended for or in connection 
     with the induction of any person into the Armed Forces of the 
     United States.

                     Small Business Administration

                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration as authorized by Public Law 
     108-447, including hire of passenger motor vehicles as 
     authorized by 31 U.S.C. 1343 and 1344, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $404,202,000:  Provided, That the Administrator is authorized 
     to charge fees to cover the cost of publications developed by 
     the Small Business Administration, and certain loan program 
     activities, including fees authorized by section 5(b) of the 
     Small Business Act:  Provided further, That, notwithstanding 
     31 U.S.C. 3302, revenues received from all such activities 
     shall be credited to this account, to remain available until 
     expended, for carrying out these purposes without further 
     appropriations:  Provided further, That the Small Business 
     Administration may accept gifts in an amount not to exceed 
     $4,000,000 and may co-sponsor activities, each in accordance 
     with section 132(a) of division K of Public Law 108-447, 
     during fiscal year 2012:  Provided further, That $112,774,000 
     shall be available to fund grants for performance in fiscal 
     year 2012 or fiscal year 2013 as authorized by section 21 of 
     the Small Business Act, of which $1,000,000 shall be for the 
     Veterans Assistance and Services Program authorized by 
     section 21(n) of the Small Business Act, as added by section 
     107 of Public Law 110-186, and of which $1,000,000 shall be 
     for the Small Business Energy Efficiency Program authorized 
     by section 1203(c) of Public Law 110-140:  Provided further, 
     That $21,956,000 shall remain available until September 30, 
     2013 for marketing, management, and technical assistance 
     under section 7(m) of the Small Business Act (15 U.S.C. 
     636(m)(4)) by intermediaries that make microloans under the 
     microloan program:  Provided further, That during fiscal year 
     2012, the applicable percentage under section 7(m)(4)(A) of 
     the Small Business Act shall be 50 percent:  Provided 
     further, That $7,100,000 shall be available for the Loan 
     Modernization and Accounting System, to be available until 
     September 30, 2013:  Provided further, That $2,000,000 shall 
     be for the Federal and State Technology Partnership Program 
     under section 34 of the Small Business Act (15 U.S.C. 657d).

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $16,267,400.

                           office of advocacy

                     (including transfer of funds)

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

                     business loans program account

                     (including transfer of funds)

       For the cost of direct loans, $3,678,000, to remain 
     available until expended, and for the cost of guaranteed 
     loans as authorized by section 7(a) of the Small Business Act 
     and section 503 of the Small Business Investment Act of 1958, 
     $206,862,000, to remain available until expended:  Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974:  Provided further, That subject to 
     section 502 of the Congressional Budget Act of 1974, during 
     fiscal year 2012 commitments to guarantee loans under section 
     503 of the Small Business Investment Act of 1958 shall not 
     exceed $7,500,000,000:  Provided further, That during fiscal 
     year 2012 commitments for general business loans authorized 
     under section 7(a) of the Small Business Act shall not exceed 
     $17,500,000,000 for a combination of amortizing term loans 
     and the aggregated maximum line of credit provided by 
     revolving loans:   Provided further, That during fiscal year 
     2012 commitments to guarantee loans for debentures under 
     section 303(b) of the Small Business Investment Act of 1958, 
     shall not exceed $3,000,000,000:  Provided further, That 
     during fiscal year 2012, guarantees of trust certificates 
     authorized by section 5(g) of the Small Business Act shall 
     not exceed a principal amount of $12,000,000,000. In 
     addition, for administrative expenses to carry out the direct 
     and guaranteed loan programs, $147,958,000, which may be 
     transferred to and merged with the appropriations for 
     Salaries and Expenses.

                     disaster loan program account

       For an additional amount for the ``Disaster Loans Program 
     Account'' for the administrative costs of direct loans 
     authorized by section 7(b) of the Small Business Act and 
     resulting from a major disaster designation pursuant to the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122(2)), $167,300,000, to remain available 
     until expended, of which $1,000,000 is for the Office of 
     Inspector General of the Small Business Administration for 
     audits and reviews of disaster loans and the disaster loan 
     programs and shall be transferred to and merged with the 
     appropriations for the Office of Inspector General; of which 
     $157,300,000 is for direct administrative expense of loan 
     making and servicing to carry out the direct loan program, 
     which may be transferred to and merged with the 
     appropriations for Salaries and Expenses; of which $9,000,000 
     is for indirect administrative expenses for the direct loan 
     program, which may be transferred to and merged with the 
     appropriations for Salaries and Expenses:  Provided, That 
     such amount is designated by Congress as being for disaster 
     relief pursuant to section 251(b)(2)(D) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177), as amended.

        administrative provisions--small business administration

                     (including transfer of funds)

       Sec. 530.  Not to exceed 5 percent of any appropriation 
     made available for the current

[[Page 17472]]

     fiscal year for the Small Business Administration in this Act 
     may be transferred between such appropriations, but no such 
     appropriation shall be increased by more than 10 percent by 
     any such transfers:  Provided, That any transfer pursuant to 
     this paragraph shall be treated as a reprogramming of funds 
     under section 608 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.

                      United States Postal Service

                   payment to the postal service fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $78,153,000, which shall not be available for obligation 
     until October 1, 2012:  Provided, That mail for overseas 
     voting and mail for the blind shall continue to be free:  
     Provided further, That 6-day delivery and rural delivery of 
     mail shall continue at not less than the 1983 level:  
     Provided further, That none of the funds made available to 
     the Postal Service by this Act shall be used to implement any 
     rule, regulation, or policy of charging any officer or 
     employee of any State or local child support enforcement 
     agency, or any individual participating in a State or local 
     program of child support enforcement, a fee for information 
     requested or provided concerning an address of a postal 
     customer:  Provided further, That none of the funds provided 
     in this Act shall be used to consolidate or close small rural 
     and other small post offices in fiscal year 2012.

                      office of inspector general

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $241,468,000, to be derived by transfer from the 
     Postal Service Fund and expended as authorized by section 
     603(b)(3) of the Postal Accountability and Enhancement Act 
     (Public Law 109-435).

                        United States Tax Court

                         salaries and expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $51,469,000:  
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

       Sec. 601.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 602.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 603.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 605.  None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307).
       Sec. 606.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 607.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 608.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2012, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that:
       (1) creates a new program;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     the Congress;
       (4) proposes to use funds directed for a specific activity 
     by the Committee on Appropriations of either the House of 
     Representatives or the Senate for a different purpose;
       (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less;
       (6) reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or
       (7) creates or reorganizes offices, programs, or activities 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided, That prior to any significant 
     reorganization or restructuring of offices, programs, or 
     activities, each agency or entity funded in this Act shall 
     consult with the Committees on Appropriations of the House of 
     Representatives and the Senate:  Provided further, That not 
     later than 60 days after the date of enactment of this Act, 
     each agency funded by this Act shall submit a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate to establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year:  Provided further, That at a minimum, the report shall 
     include:
       (A) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (B) a delineation in the table for each appropriation both 
     by object class and program, project, and activity as 
     detailed in the budget appendix for the respective 
     appropriation; and
       (C) an identification of items of special congressional 
     interest:  Provided further, That the amount appropriated or 
     limited for salaries and expenses for an agency shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       Sec. 609.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2012 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2012 in this Act, shall remain available through 
     September 30, 2013, for each such account for the purposes 
     authorized:  Provided, That a request shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate for approval prior to the 
     expenditure of such funds:  Provided further, That these 
     requests shall be made in compliance with reprogramming 
     guidelines.
       Sec. 610.  None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 611.  The cost accounting standards promulgated under 
     chapter 15 of title 41, United States Code shall not apply 
     with respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 612.  For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office of Personnel Management pursuant to court approval.
       Sec. 613.  In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in chapter 83 of title 41, United States Code 
     (popularly known as the Buy American Act), shall not apply to 
     the acquisition by the Federal Government of information 
     technology (as defined in section 11101 of title 40, United 
     States Code), that is a commercial item (as defined in 
     section 103 of title 41, United States Code).
       Sec. 614.  Notwithstanding section 1353 of title 31, United 
     States Code, no officer or employee of any regulatory agency 
     or commission funded by this Act may accept on behalf of that 
     agency, nor may such agency or commission accept, payment or 
     reimbursement from a non-Federal entity for travel, 
     subsistence, or related expenses for the purpose of enabling 
     an officer or employee to attend and participate in any 
     meeting or similar function relating to the official duties 
     of the officer or employee when the entity offering payment 
     or reimbursement is a person or entity subject to regulation 
     by such agency or commission, or represents a person or 
     entity subject to regulation by such agency or commission, 
     unless the person or entity is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.

[[Page 17473]]

       Sec. 615.  The Public Company Accounting Oversight Board 
     shall have authority to obligate funds for the scholarship 
     program established by section 109(c)(2) of the Sarbanes-
     Oxley Act of 2002 (Public Law 107-204) in an aggregate amount 
     not exceeding the amount of funds collected by the Board as 
     of December 31, 2011, including accrued interest, as a result 
     of the assessment of monetary penalties. Funds available for 
     obligation in fiscal year 2012 shall remain available until 
     expended.
       Sec. 616.  From the unobligated balances of prior year 
     appropriations made available for the Privacy and Civil 
     Liberties Oversight Board, $998,000 are rescinded.
       Sec. 617.  Notwithstanding section 708 of this Act, funds 
     made available to the Commodity Futures Trading Commission 
     and the Securities and Exchange Commission by this or any 
     other Act may be used for the interagency funding and 
     sponsorship of a joint advisory committee to advise on 
     emerging regulatory issues.
       Sec. 618.  Section 1107 of title 31, United States Code, is 
     amended by adding to the end thereof the following: ``The 
     President shall transmit promptly to Congress without change, 
     proposed deficiency and supplemental appropriations submitted 
     to the President by the legislative branch and the judicial 
     branch.''.
       Sec. 619.  Section 7 of the Abraham Lincoln Commemorative 
     Coin Act (31 U.S.C. Sec.  5112 note) is amended in subsection 
     (b) by striking ``Abraham Lincoln Bicentennial Commission to 
     further the work of the Commission'' and inserting ``Abraham 
     Lincoln Bicentennial Foundation for the purposes of 
     commemorating the bicentennial of the birth of Abraham 
     Lincoln, and fostering and promoting the awareness and study 
     of the life of Abraham Lincoln'' and in subsection (c) by 
     striking ``Abraham Lincoln Bicentennial Commission'' and 
     inserting ``Abraham Lincoln Bicentennial Foundation''.
       Sec. 620.  The Help America Vote Act of 2002 (Public Law 
     107-252) is amended by:
       (1) inserting in section 255(b)(42 U.S.C. 15405) ``posted 
     on the Commission's website with a notice'' after ``cause to 
     have the plan'';
       (2) inserting in section 253(d)(42 U.S.C. 15403) ``notice 
     of'' prior to ``the State plan'';
       (3) inserting in section 254(a)(11)(42 U.S.C. 15404) 
     ``notice of'' prior to ``the change''; and
       (4) inserting in section 254(a)(11)(C)(42 U.S.C. 15404) 
     ``notice of'' prior to ``the change''.
       Sec. 621.  Section 605 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1990 (15 U.S.C. 18a note) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``The filing fees'' and inserting ``Subject to subsection 
     (c), the filing fees'';
       (B) in paragraph (1), by striking ``$45,000'' and inserting 
     ``$60,000'';
       (C) in paragraph (2)--
       (i) by striking ``$125,000'' and inserting ``$160,000''; 
     and
       (ii) by striking ``and'' at the end;
       (D) in paragraph (3)--
       (i) by striking ``$280,000'' and inserting ``$360,000''; 
     and
       (ii) by striking the period at the end and inserting ``but 
     less than $1,000,000,000 (as so adjusted and published); 
     and''; and
       (E) by adding at the end the following:
       ``(4) $500,000 if the aggregate total amount determined 
     under section 7A(a)(2) of the Clayton Act (15 U.S.C. 
     18a(a)(2)) is not less than $1,000,000,000 (as so adjusted 
     and published).''; and
       (2) by adding at the end the following:
       ``(c) For fiscal year 2013, and each fiscal year 
     thereafter, the Federal Trade Commission shall publish in the 
     Federal Register and increase the amount of each filing fee 
     under subsection (b) in the same manner and on the same dates 
     as provided under section 8(a)(5) of the Clayton Act (15 
     U.S.C. 19(a)(5)) to reflect the percentage change in the 
     gross national product for the fiscal year as compared to the 
     gross national product for fiscal year 2011, except that the 
     Federal Trade Commission--
       ``(1) shall round any increase in a filing fee under this 
     subsection to the nearest $5,000;
       ``(2) shall not increase filing fees under this subsection 
     if the increase in the gross national product is less than 1 
     percent; and
       ``(3) shall not decrease filing fees under this 
     subsection.''.
       Sec. 622.  None of the funds appropriated by this or any 
     other Act shall be available for the purpose of conveying the 
     headquarters building of the Federal Trade Commission 
     (located at 600 Pennsylvania Avenue, Northwest, in the 
     District of Columbia) to any entity unless the Administrator 
     of the General Services Administration determines that such 
     transaction is made in the best interest of the taxpayer. In 
     making a final determination, the Administrator shall 
     consider if the Federal Government would be compensated at 
     least the Fair Market Value of such building as determined by 
     the Administrator of the General Services. The Administrator 
     shall determine the property's Fair Market Value through an 
     appraisal conducted by a licensed, independent appraiser. The 
     appraisal shall be based on the property's highest and best 
     use. The Administrator shall also consider cost to the 
     taxpayer for acquiring replacement space for the headquarters 
     building of the Federal Trade Commission and for moving staff 
     and operations to such replacement space. The determination 
     of the Administrator shall be final.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       Sec. 701.  No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2012 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act (21 U.S.C. 802)) by the officers 
     and employees of such department, agency, or instrumentality.
       Sec. 702.  Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with subsection 1343(c) of title 31, United States 
     Code, for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover surveillance vehicles), is hereby fixed at $13,179 
     except station wagons for which the maximum shall be $13,631: 
      Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles:  Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
      Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles:  
     Provided further, That the limits set forth in this section 
     shall not apply to any vehicle that is a commercial item and 
     which operates on emerging motor vehicle technology, 
     including but not limited to electric, plug-in hybrid 
     electric, and hydrogen fuel cell vehicles.
       Sec. 703.  Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 704.  Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person who is 
     lawfully admitted for permanent residence and is seeking 
     citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a 
     person who is admitted as a refugee under 8 U.S.C. 1157 or is 
     granted asylum under 8 U.S.C. 1158 and has filed a 
     declaration of intention to become a lawful permanent 
     resident and then a citizen when eligible; or (4) is a person 
     who owes allegiance to the United States:  Provided, That for 
     purposes of this section, affidavits signed by any such 
     person shall be considered prima facie evidence that the 
     requirements of this section with respect to his or her 
     status are being complied with:  Provided further, That for 
     purposes of subsections (2) and (3) such affidavits shall be 
     submitted prior to employment and updated thereafter as 
     necessary:  Provided further, That any person making a false 
     affidavit shall be guilty of a felony, and upon conviction, 
     shall be fined no more than $4,000 or imprisoned for not more 
     than 1 year, or both:  Provided further, That the above penal 
     clause shall be in addition to, and not in substitution for, 
     any other provisions of existing law:  Provided further, That 
     any payment made to any officer or employee contrary to the 
     provisions of this section shall be recoverable in action by 
     the Federal Government:  Provided further, That this section 
     shall not apply to any person who is an officer or employee 
     of the Government of the United States on the date of 
     enactment of this Act, or to international broadcasters 
     employed by the Broadcasting Board of Governors, or to 
     temporary employment of translators, or to temporary 
     employment in the field service (not to exceed 60 days) as a 
     result of emergencies:  Provided further, That this section 
     does not apply to the employment as Wildland firefighters for 
     not more than 120 days of nonresident aliens employed by the 
     Department of the Interior or the USDA Forest Service 
     pursuant to an agreement with another country.
       Sec. 705.  Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the

[[Page 17474]]

     Public Buildings Act of 1959 (73 Stat. 479), the Public 
     Buildings Amendments of 1972 (86 Stat. 216), or other 
     applicable law.
       Sec. 706.  In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13423 
     (January 24, 2007), including any such programs adopted prior 
     to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 707.  Funds made available by this or any other Act 
     for administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available:  Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 708.  No part of any appropriation contained in this 
     or any other Act shall be available for interagency financing 
     of boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 709.  None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a joint resolution duly adopted in 
     accordance with the applicable law of the United States.
       Sec. 710. (a) Notwithstanding any other provision of law, 
     and except as otherwise provided in this section, no part of 
     any of the funds appropriated for fiscal year 2012, by this 
     or any other Act, may be used to pay any prevailing rate 
     employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by the comparable section for previous 
     fiscal years until the normal effective date of the 
     applicable wage survey adjustment that is to take effect in 
     fiscal year 2012, in an amount that exceeds the rate payable 
     for the applicable grade and step of the applicable wage 
     schedule in accordance with such section; and
       (2) during the period consisting of the remainder of fiscal 
     year 2012, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (A) the percentage adjustment taking effect in fiscal year 
     2012 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (B) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2012 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in the previous fiscal 
     year under such section.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (a) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule not in existence on September 30, 2011, shall 
     be determined under regulations prescribed by the Office of 
     Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 2011, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 2011.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 711.  During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Federal Government appointed by the President 
     of the United States, holds office, no funds may be obligated 
     or expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is transmitted to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate. For the purposes of this section, the term ``office'' 
     shall include the entire suite of offices assigned to the 
     individual, as well as any other space used primarily by the 
     individual or the use of which is directly controlled by the 
     individual.
       Sec. 712.  Notwithstanding section 31 U.S.C. 1346, or 
     section 708 of this Act, funds made available for the current 
     fiscal year by this or any other Act shall be available for 
     the interagency funding of national security and emergency 
     preparedness telecommunications initiatives which benefit 
     multiple Federal departments, agencies, or entities, as 
     provided by Executive Order No. 12472 (April 3, 1984).
       Sec. 713. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to 5 U.S.C. 3302, without a 
     certification to the Office of Personnel Management from the 
     head of the Federal department, agency, or other 
     instrumentality employing the Schedule C appointee that the 
     Schedule C position was not created solely or primarily in 
     order to detail the employee to the White House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed forces detailed to 
     or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the National Geospatial-Intelligence Agency;
       (5) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (6) the Bureau of Intelligence and Research of the 
     Department of State;
       (7) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Department of Homeland Security, 
     the Federal Bureau of Investigation and the Drug Enforcement 
     Administration of the Department of Justice, the Department 
     of Transportation, the Department of the Treasury, and the 
     Department of Energy performing intelligence functions; or
       (8) the Director of National Intelligence or the Office of 
     the Director of National Intelligence.
       Sec. 714.  No part of any appropriation contained in this 
     or any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance or 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 715. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--

[[Page 17475]]

       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants, 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 716. (a) No funds appropriated in this or any other 
     Act may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act of 1989 (governing disclosures of illegality, 
     waste, fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). 
     The definitions, requirements, obligations, rights, 
     sanctions, and liabilities created by said Executive order 
     and listed statutes are incorporated into this agreement and 
     are controlling.'':  Provided, That notwithstanding the 
     preceding provision of this section, a nondisclosure policy 
     form or agreement that is to be executed by a person 
     connected with the conduct of an intelligence or 
     intelligence-related activity, other than an employee or 
     officer of the United States Government, may contain 
     provisions appropriate to the particular activity for which 
     such document is to be used. Such form or agreement shall, at 
     a minimum, require that the person will not disclose any 
     classified information received in the course of such 
     activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that they do not bar disclosures to Congress, 
     or to an authorized official of an executive agency or the 
     Department of Justice, that are essential to reporting a 
     substantial violation of law.
       (b) Effective 180 days after enactment of this Act, 
     subsection (a) is amended by--
       (1) striking ``Executive Order No. 12958'' and inserting 
     ``Executive Order No. 13526 (75 Fed. Reg. 707), or any 
     successor thereto''; and
       (2) after ``the Intelligence Identities Protection Act of 
     1982 (50 U.S.C. 421 et seq.) (governing disclosures that 
     could expose confidential Government agents);'' inserting 
     ``sections 7(c) and 8H of the Inspector General Act of 1978 
     (5 U.S.C. App.) (relating to disclosures to an inspector 
     general, the inspectors general of the Intelligence 
     Community, and Congress); section 103H(g)(3) of the National 
     Security Act of 1947 (50 U.S.C. 403-3h(g)(3) (relating to 
     disclosures to the inspector general of the Intelligence 
     Community); sections 17(d)(5) and 17(e)(3) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5) and 
     403q(e)(3)) (relating to disclosures to the Inspector General 
     of the Central Intelligence Agency and Congress);''.
       (c) A nondisclosure agreement entered into before the 
     effective date of the amendment in subsection (b) may 
     continue to be implemented and enforced after that effective 
     date if it complies with the requirements of subsection (a) 
     that were in effect prior to the effective date of the 
     amendment in subsection (b).
       Sec. 717.  No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 718.  None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 719.  None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 720.  No part of any appropriation contained in this 
     or any other Act shall be used directly or indirectly, 
     including by private contractor, for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.
       Sec. 721. (a) In this section, the term ``agency''--
       (1) means an Executive agency, as defined under 5 U.S.C. 
     105;
       (2) includes a military department, as defined under 
     section 102 of such title, the Postal Service, and the Postal 
     Regulatory Commission; and
       (3) shall not include the Government Accountability Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under 5 U.S.C. 
     6301(2), has an obligation to expend an honest effort and a 
     reasonable proportion of such employee's time in the 
     performance of official duties.
       Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act to any department or agency, which 
     is a member of the Federal Accounting Standards Advisory 
     Board (FASAB), shall be available to finance an appropriate 
     share of FASAB administrative costs.
       Sec. 723.  Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 724.  Notwithstanding 31 U.S.C. 1346, or section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act shall be available for the 
     interagency funding of specific projects, workshops, studies, 
     and similar efforts to carry out the purposes of the National 
     Science and Technology Council (authorized by Executive Order 
     No. 12881), which benefit multiple Federal departments, 
     agencies, or entities:  Provided, That the Office of 
     Management and Budget shall provide a report describing the 
     budget of and resources connected with the National Science 
     and Technology Council to the Committees on Appropriations, 
     the House Committee on Science and Technology, and the Senate 
     Committee on Commerce, Science, and Transportation 90 days 
     after enactment of this Act.
       Sec. 725.  Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided:  Provided, That this provision shall apply 
     to direct payments, formula funds, and grants received by a 
     State receiving Federal funds.
       Sec. 726. (a) Prohibition of Federal Agency Monitoring of 
     Individuals' Internet Use.--None of the funds made available 
     in this or any other Act may be used by any Federal agency--
       (1) to collect, review, or create any aggregation of data, 
     derived from any means, that includes any personally 
     identifiable information relating to an individual's access 
     to or use of any Federal Government Internet site of the 
     agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregation of data, derived from any means, that 
     includes any personally identifiable information relating to 
     an individual's access to or use of any nongovernmental 
     Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to providing the Internet 
     site services or to protecting the rights or property of the 
     provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 727. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision

[[Page 17476]]

     providing prescription drug coverage, except where the 
     contract also includes a provision for contraceptive 
     coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF HealthPlans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 728.  The Congress of the United States recognizes the 
     United States Anti-Doping Agency (USADA) as the official 
     anti-doping agency for Olympic, Pan American, and Paralympic 
     sport in the United States.
       Sec. 729.  Notwithstanding any other provision of law, 
     funds appropriated for official travel by Federal departments 
     and agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 730.  Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this Act or 
     any other appropriations Act may be used to implement or 
     enforce restrictions or limitations on the Coast Guard 
     Congressional Fellowship Program, or to implement the 
     proposed regulations of the Office of Personnel Management to 
     add sections 300.311 through 300.316 to part 300 of title 5 
     of the Code of Federal Regulations, published in the Federal 
     Register, volume 68, number 174, on September 9, 2003 
     (relating to the detail of executive branch employees to the 
     legislative branch).
       Sec. 731.  Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, except that the 
     Federal Law Enforcement Training Center is authorized to 
     obtain the temporary use of additional facilities by lease, 
     contract, or other agreement for training which cannot be 
     accommodated in existing Center facilities.
       Sec. 732. (a) For fiscal year 2012, no funds shall be 
     available for transfers or reimbursements to the e-government 
     initiatives sponsored by the Office of Management and Budget 
     prior to 15 days following submission of a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate by the Director of the Office of Management 
     and Budget and receipt of approval to transfer funds by the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       (b) The report in subsection (a) and other required 
     justification materials shall include at a minimum--
       (1) a description of each initiative including but not 
     limited to its objectives, benefits, development status, 
     risks, cost effectiveness (including estimated net costs or 
     savings to the government), and the estimated date of full 
     operational capability;
       (2) the total development cost of each initiative by fiscal 
     year including costs to date, the estimated costs to complete 
     its development to full operational capability, and estimated 
     annual operations and maintenance costs; and
       (3) the sources and distribution of funding by fiscal year 
     and by agency and bureau for each initiative including agency 
     contributions to date and estimated future contributions by 
     agency.
       (c) No funds shall be available for obligation or 
     expenditure for new e-government initiatives without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate.
       Sec. 733.  Notwithstanding section 1346 of title 31, United 
     States Code, and section 708 of this Act and any other 
     provision of law, the head of each appropriate executive 
     department and agency shall transfer to or reimburse the 
     United States Fish and Wildlife Service, upon the direction 
     of the Director of the Office of Management and Budget, funds 
     made available by this or any other Act for the purposes 
     described below, and shall submit budget requests for such 
     purposes. These funds shall be administered by the United 
     States Fish and Wildlife Service, in consultation with the 
     appropriate interagency groups designated by the Director and 
     shall be used to ensure the uninterrupted, continuous 
     operation of the Midway Atoll Airfield by the United States 
     Fish and Wildlife Service pursuant to an operational 
     agreement with the Federal Aviation Administration for the 
     entirety of fiscal year 2012 and any period thereafter that 
     precedes the enactment of the Financial Services and General 
     Government Appropriations Act, 2013. The Director of the 
     Office of Management and Budget shall mandate the necessary 
     transfers after determining an equitable allocation between 
     the appropriate executive departments and agencies of the 
     responsibility for funding the continuous operation of the 
     Midway Atoll Airfield based on, but not limited to, potential 
     use, interest in maintaining aviation safety, and 
     applicability to governmental operations and agency mission. 
     The total funds transferred or reimbursed shall not exceed 
     $6,000,000 for any 12-month period. Such sums shall be 
     sufficient to ensure continued operation of the airfield 
     throughout the period cited above. Funds shall be available 
     for operation of the airfield or airfield-related capital 
     upgrades. The Director of the Office of Management and Budget 
     shall notify the Committees on Appropriations of the House of 
     Representatives and the Senate of such transfers or 
     reimbursements within 15 days of this Act. Such transfers or 
     reimbursements shall begin within 30 days of enactment of 
     this Act.
       Sec. 734.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to begin or 
     announce a study or public-private competition regarding the 
     conversion to contractor performance of any function 
     performed by Federal employees pursuant to Office of 
     Management and Budget Circular A-76 or any other 
     administrative regulation, directive, or policy.
       Sec. 735.  Unless otherwise authorized by existing law, 
     none of the funds provided in this Act or any other Act may 
     be used by an executive branch agency to produce any 
     prepackaged news story intended for broadcast or distribution 
     in the United States, unless the story includes a clear 
     notification within the text or audio of the prepackaged news 
     story that the prepackaged news story was prepared or funded 
     by that executive branch agency.
       Sec. 736.  None of the funds made available in this Act may 
     be used in contravention of section 552a of title 5, United 
     States Code (popularly known as the Privacy Act) and 
     regulations implementing that section.
       Sec. 737.  Each executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government travel charge card. Such 
     evaluations for individually billed travel charge cards shall 
     include an assessment of the individual's consumer report 
     from a consumer reporting agency as those terms are defined 
     in section 603 of the Fair Credit Reporting Act (Public Law 
     91-508):  Provided, That the department or agency may not 
     issue a government travel charge card to an individual that 
     either lacks a credit history or is found to have an 
     unsatisfactory credit history as a result of this evaluation: 
      Provided further, That this restriction shall not preclude 
     issuance of a restricted-use charge, debit, or stored value 
     card made in accordance with agency procedures to: (1) an 
     individual with an unsatisfactory credit history where such 
     card is used to pay travel expenses and the agency determines 
     there is no suitable alternative payment mechanism available 
     before issuing the card; or (2) an individual who lacks a 
     credit history. Each executive department and agency shall 
     establish guidelines and procedures for disciplinary actions 
     to be taken against agency personnel for improper, 
     fraudulent, or abusive use of government charge cards, which 
     shall include appropriate disciplinary actions for use of 
     charge cards for purposes, and at establishments, that are 
     inconsistent with the official business of the Department or 
     agency or with applicable standards of conduct.
       Sec. 738. (a) Definitions.--For purposes of this section 
     the following definitions apply:
       (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
     Lakes State'' have the same meanings as such terms have in 
     section 506 of the Water Resources Development Act of 2000 
     (42 U.S.C. 1962d-22).
       (2) Great lakes restoration activities.--The term ``Great 
     Lakes restoration activities'' means any Federal or State 
     activity primarily or entirely within the Great Lakes 
     watershed that seeks to improve the overall health of the 
     Great Lakes ecosystem.
       (b) Report.--Not later than 45 days after submission of the 
     budget of the President to Congress, the Director of the 
     Office of Management and Budget, in coordination with the 
     Governor of each Great Lakes State and the Great Lakes 
     Interagency Task Force, shall submit to the appropriate 
     authorizing and appropriating committees of the Senate and 
     the House of Representatives a financial report, certified by 
     the Secretary of each agency that has budget authority for 
     Great Lakes restoration activities, containing--
       (1) an interagency budget crosscut report that--
       (A) displays the budget proposed, including any planned 
     interagency or intra-agency transfer, for each of the Federal 
     agencies that carries out Great Lakes restoration activities 
     in the upcoming fiscal year, separately reporting the amount 
     of funding to be provided under existing laws pertaining to 
     the Great Lakes ecosystem; and
       (B) identifies all expenditures since fiscal year 2004 by 
     the Federal Government and State governments for Great Lakes 
     restoration activities;
       (2) a detailed accounting of all funds received and 
     obligated by all Federal agencies

[[Page 17477]]

     and, to the extent available, State agencies using Federal 
     funds, for Great Lakes restoration activities during the 
     current and previous fiscal years;
       (3) a budget for the proposed projects (including a 
     description of the project, authorization level, and project 
     status) to be carried out in the upcoming fiscal year with 
     the Federal portion of funds for activities; and
       (4) a listing of all projects to be undertaken in the 
     upcoming fiscal year with the Federal portion of funds for 
     activities.
       Sec. 739. (a) In General.--None of the funds appropriated 
     or otherwise made available by this or any other Act may be 
     used for any Federal Government contract with any foreign 
     incorporated entity which is treated as an inverted domestic 
     corporation under section 835(b) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an 
     entity.
       (b) Waivers.--
       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.--This section shall not apply to any Federal 
     Government contract entered into before the date of the 
     enactment of this Act, or to any task order issued pursuant 
     to such contract.
       Sec. 740.  None of the funds made available by this or any 
     other Act may be used to implement, administer, enforce, or 
     apply the rule entitled ``Competitive Area'' published by the 
     Office of Personnel Management in the Federal Register on 
     April 15, 2008 (73 Fed. Reg. 20180 et seq.).
       Sec. 741.  Section 743 of the Consolidated Appropriations 
     Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is 
     amended--
       (1) in subsection (a)(3), by inserting after ``exercise of 
     an option'' the following: ``, and task orders issued under 
     any such contract,'';
       (2) in subsection (a)(3)(G), by inserting before the period 
     at the end the following: ``, using direct labor hours and 
     associated cost data collected from contractors'';
       (3) in subsection (e)(2)(B), by striking the text and 
     inserting the following: ``the contracts exclude to the 
     maximum extent practicable functions that are closely 
     associated with inherently governmental functions;''; and
       (4) by redesignating subsections (h) and (i) as subsections 
     (i) and (j) and by inserting after subsection (g) the 
     following new subsection:
       ``(h) Submission of Report on Actions Taken Before Public-
     private Competition May Occur.--An executive agency may not 
     begin, plan for, or announce a study or public-private 
     competition regarding the conversion to contractor 
     performance of any function performed by Federal employees 
     pursuant to Office of Management and Budget Circular A-76 or 
     any other administrative regulation or directive until after 
     that agency has submitted to the Office of Management and 
     Budget a report, pursuant to subsection (f), that includes 
     actions taken to convert from contractor to Federal employee 
     performance functions that are not inherently governmental, 
     closely associated with governmental functions, critical, or 
     should not otherwise be reserved for performance by Federal 
     employees. This subsection shall take effect beginning with 
     the report required under subsection (f) that is included as 
     an attachment to the annual inventory due by December 31, 
     2011.''.
       Sec. 742.  The Office of Management and Budget shall 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), to prohibit the use of direct conversions to 
     contract out, in whole or in part, activities or functions 
     last performed by any number of Federal employees by an 
     executive agency without first conducting a public-private 
     competition. Such guidance shall ensure that--
       (1) activities or functions performed by an executive 
     agency and are reengineered, reorganized, modernized, 
     upgraded, expanded, or changed to become more efficient, but 
     still essentially providing the same service, shall not be 
     contacted out without first conducting a public-private 
     conpetition;
       (2) activities or functions performed by Federal employees 
     for an executive agency may not be modified, reorganized, 
     divided, or in any way changed for the purpose of exempting 
     the conversion of the activities or functions from the 
     prohibition against the use of direct conversions; and
       (3) activities or functions performed by Federal employees 
     for an executive agency who have retired or been reassigned 
     to perform other activities may not be converted to 
     contractor performance without first conducting a public-
     private competition.
       Sec. 743.  During fiscal year 2012, for each employee who--
       (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of 
     title 5, United States Code, or
       (2) retires under any other provision of subchapter III of 
     chapter 83 or chapter 84 of such title 5 and receives a 
     payment as an incentive to separate, the separating agency 
     shall remit to the Civil Service Retirement and Disability 
     Fund an amount equal to the Office of Personnel Management's 
     average unit cost of processing a retirement claim for the 
     preceding fiscal year. Such amounts shall be available until 
     expended to the Office of Personnel Management and shall be 
     deemed to be an administrative expense under section 
     8348(a)(1)(B) of title 5, United States Code.
       Sec. 744. (a) Definitions.--In this section--
       (1) the term ``agency''--
       (A) means an Executive agency as defined under section 105 
     of title 5, United States Code; and
       (B) does not apply to the Department of Defense; and
       (2) the term ``Federal employee'' means an employee as 
     defined under section 2105 of title 5, United States Code.
       (b) Prohibition of Certain Personnel Management 
     Limitations.--
       (1) In general.--Federal employees in each agency shall be 
     managed each fiscal year solely on the basis of, and 
     consistent with--
       (A) the workload required to carry out the functions and 
     activities of that agency; and
       (B) the funds made available to that agency for that fiscal 
     year.
       (2) Prohibition on limitations.--Notwithstanding any other 
     provision of law--
       (A) the management of Federal employees in any fiscal year 
     shall not be subject to any limitation in terms of work 
     years, full-time equivalent positions, or maximum number of 
     Federal employees; and
       (B) an agency may not be required to make a reduction in 
     the number of full-time equivalent positions, unless that 
     reduction is--
       (i) necessary due to a reduction in funds available to the 
     agency; or
       (ii) required under a statute that--

       (I) is enacted after the date of enactment of this Act; and
       (II) specifically refers to this section.

       (c)  Employee Numbers, Skills, and Qualifications.--In each 
     fiscal year, the head of each agency shall ensure that there 
     are employed during that fiscal year Federal employees in the 
     number and with the combination of skills and qualifications 
     that are necessary to carry out the functions within the 
     applicable budget activity for which funds are provided for 
     that fiscal year.
       (d) Reports.--
       (1) In general.--Not later than February 1 of each year, 
     the Director of the Office of Management and Budget shall 
     submit to the Committees on Appropriations of the Senate and 
     the House of Representatives a report on the management of 
     the Federal workforce.
       (2) Contents.--Each report submitted under this subsection 
     shall include a statement by the Director of the Office of 
     Management and Budget with respect to the preceding fiscal 
     year--
       (A) on the compliance of agencies (including the Office of 
     Management and Budget) with subsections (b) and (c); and
       (B) that identifies any agency that was not in compliance 
     with subsections (b) and (c).
       (e)  Effective Date.--This section shall apply to fiscal 
     year 2012 and each fiscal year thereafter.
       Sec. 745.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in any title other than 
     title IV or VIII shall not apply to such title IV or VIII.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

       Sec. 801.  Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 802.  Appropriations in this Act shall be available 
     for expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor, or, in the 
     case of the Council of the District of Columbia, funds may be 
     expended with the authorization of the Chairman of the 
     Council.
       Sec. 803.  There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government.
       Sec. 804. (a) None of the Federal funds provided in this 
     Act shall be used for publicity or propaganda purposes or 
     implementation of any policy including boycott designed to 
     support or defeat legislation pending before Congress or any 
     State legislature.
       (b) The District of Columbia may use local funds provided 
     in this title to carry out lobbying activities on any matter.
       Sec. 805. (a) None of the Federal funds provided under this 
     Act to the agencies funded by this Act, both Federal and 
     District government agencies, that remain available for 
     obligation or expenditure in fiscal year 2012,

[[Page 17478]]

     or provided from any accounts in the Treasury of the United 
     States derived by the collection of fees available to the 
     agencies funded by this Act, shall be available for 
     obligation or expenditures for an agency through a 
     reprogramming of funds which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) re-establishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $3,000,000 or 10 percent, whichever is less; or
       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center,
     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified in writing 15 
     days in advance of the reprogramming.
       (b) The District of Columbia government is authorized to 
     approve and execute reprogramming and transfer requests of 
     local funds under this title through November 1, 2012.
       Sec. 806.  Consistent with the provisions of section 
     1301(a) of title 31, United States Code, appropriations under 
     this Act shall be applied only to the objects for which the 
     appropriations were made except as otherwise provided by law.
       Sec. 807.  None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 808.  Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this section, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or a 
     District of Columbia government employee as may otherwise be 
     designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day or is otherwise 
     designated by the Fire Chief;
       (3) at the discretion of the Director of the Department of 
     Corrections, an officer or employee of the District of 
     Columbia Department of Corrections who resides in the 
     District of Columbia and is on call 24 hours a day or is 
     otherwise designated by the Director;
       (4) the Mayor of the District of Columbia; and
       (5) the Chairman of the Council of the District of 
     Columbia.
       Sec. 809. (a) None of the Federal funds contained in this 
     Act may be used by the District of Columbia Attorney General 
     or any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Attorney General from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 810.  None of the Federal funds contained in this Act 
     may be used to distribute any needle or syringe for the 
     purpose of preventing the spread of blood borne pathogens in 
     any location that has been determined by the local public 
     health or local law enforcement authorities to be 
     inappropriate for such distribution.
       Sec. 811.  Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 812.  Hereafter, as part of the submission of the 
     annual budget justification, the Mayor of the District of 
     Columbia shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report addressing--
       (1) crime, including the homicide rate, implementation of 
     community policing, and the number of police officers on 
     local beats;
       (2) access to substance and alcohol abuse treatment, 
     including the number of treatment slots, the number of people 
     served, the number of people on waiting lists, and the 
     effectiveness of treatment programs, the retention rates in 
     treatment programs, and the recidivism/re-arrest rates for 
     treatment participants;
       (3) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools, 
     repeated grade rates, high school graduation rates, and post-
     secondary education attendance rates;
       (4) improvement in basic District services, including rat 
     control and abatement; and
       (5) application for and management of Federal grants, 
     including the number and type of grants for which the 
     District was eligible but failed to apply and the number and 
     type of grants awarded to the District but for which the 
     District failed to spend the amounts received.
       Sec. 813.  None of the Federal funds contained in this Act 
     may be used to enact or carry out any law, rule, or 
     regulation to legalize or otherwise reduce penalties 
     associated with the possession, use, or distribution of any 
     schedule I substance under the Controlled Substances Act (21 
     U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
       Sec. 814.  None of the Federal funds appropriated under 
     this Act shall be expended for any abortion except where the 
     life of the mother would be endangered if the fetus were 
     carried to term or where the pregnancy is the result of an 
     act of rape or incest.
       Sec. 815. (a) No later than 30 calendar days after the date 
     of the enactment of this Act, the Chief Financial Officer for 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council of the 
     District of Columbia, a revised appropriated funds operating 
     budget in the format of the budget that the District of 
     Columbia government submitted pursuant to section 442 of the 
     District of Columbia Home Rule Act (D.C. Official Code, sec. 
     1-204.42), for all agencies of the District of Columbia 
     government for fiscal year 2012 that is in the total amount 
     of the approved appropriation and that realigns all budgeted 
     data for personal services and other-than-personal services, 
     respectively, with anticipated actual expenditures.
       (b) This section shall apply only to an agency for which 
     the Chief Financial Officer for the District of Columbia 
     certifies that a reallocation is required to address 
     unanticipated changes in program requirements.
       Sec. 816.  No later than 30 calendar days after the date of 
     the enactment of this Act, the Chief Financial Officer for 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council for the 
     District of Columbia, a revised appropriated funds operating 
     budget for the District of Columbia Public Schools that 
     aligns schools budgets to actual enrollment. The revised 
     appropriated funds budget shall be in the format of the 
     budget that the District of Columbia government submitted 
     pursuant to section 442 of the District of Columbia Home Rule 
     Act (D.C. Official Code, Sec. 1-204.42).
       Sec. 817.  Amounts appropriated in this Act as operating 
     funds may be transferred to the District of Columbia's 
     enterprise and capital funds and such amounts, once 
     transferred, shall retain appropriation authority consistent 
     with the provisions of this Act.
       Sec. 818.  Notwithstanding any other laws, for this and 
     succeeding fiscal years, the Director of the District of 
     Columbia Public Defender Service shall, to the extent the 
     Director considers appropriate, provide representation for 
     and hold harmless, or provide liability insurance for, any 
     person who is an employee, member of the Board of Trustees, 
     or officer of the District of Columbia Public Defender 
     Service for money damages arising out of any claim, 
     proceeding, or case at law relating to the furnishing of 
     representational services or management services or related 
     services while acting within the scope of that person's 
     office or employment, including, but not limited to such 
     claims, proceedings, or cases at law involving employment 
     actions, injury, loss of liberty, property damage, loss of 
     property, or personal injury, or death arising from 
     malpractice or negligence of any such officer or employee.
       Sec. 819.  Section 346 of the District of Columbia 
     Appropriations Act, 2005 (Public Law 108-335) is amended--
       (1) in the title, by striking ``Biennial'';
       (2) in subsection (a), by striking ``Biennial management'' 
     and inserting ``Management'';
       (3) in subsection (a), by striking ``States.'' and 
     inserting ``States every five years.''; and
       (4) in subsection (b)(6), by striking ``2'' and inserting 
     ``5''.
       Sec. 820.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in this title or in title 
     IV shall be treated as referring only to the provisions of 
     this title or of title IV.
       This Act may be cited as the ``Financial Services and 
     General Government Appropriations Act, 2012''.

[[Page 17479]]



   DIVISION C--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                                PROGRAMS

       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Department of State, foreign operations, and related programs 
     for the fiscal year ending September 30, 2012, and for other 
     purposes, namely:

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, $6,877,500,000, 
     of which $1,400,000,000 is for Worldwide Security Protection 
     (to remain available until expended):  Provided, That funds 
     made available under this heading shall be allocated as 
     follows:
       (1) Human resources.--For necessary expenses for training, 
     human resources management, and salaries, including 
     employment without regard to civil service and classification 
     laws of persons on a temporary basis (not to exceed 
     $700,000), as authorized by section 801 of the United States 
     Information and Educational Exchange Act of 1948, 
     $2,387,854,000, to remain available until September 30, 2013, 
     of which not less than $134,700,000 shall be available only 
     for public diplomacy American salaries, and $205,900,000 is 
     for Worldwide Security Protection and shall remain available 
     until expended.
       (2) Overseas programs.--For necessary expenses for the 
     regional bureaus of the Department of State and overseas 
     activities as authorized by law, $2,124,646,000, to remain 
     available until September 30, 2013, of which not less than 
     $360,602,000 shall be available only for public diplomacy 
     international information programs.
       (3) Diplomatic policy and support.--For necessary expenses 
     for the functional bureaus of the Department of State 
     including representation to certain international 
     organizations in which the United States participates 
     pursuant to treaties ratified pursuant to the advice and 
     consent of the Senate or specific Acts of Congress, general 
     administration, and arms control, nonproliferation and 
     disarmament activities as authorized, $865,000,000, to remain 
     available until September 30, 2013.
       (4) Security programs.--For necessary expenses for security 
     activities, $1,500,000,000, to remain available until 
     September 30, 2013, of which $1,194,100,000 is for Worldwide 
     Security Protection and shall remain available until 
     expended.
       (5) Fees and payments collected.--In addition to amounts 
     otherwise made available under this heading--
       (A) not to exceed $1,753,991 shall be derived from fees 
     collected from other executive agencies for lease or use of 
     facilities located at the International Center in accordance 
     with section 4 of the International Center Act, and, in 
     addition, as authorized by section 5 of such Act, $520,150, 
     to be derived from the reserve authorized by that section, to 
     be used for the purposes set out in that section;
       (B) as authorized by section 810 of the United States 
     Information and Educational Exchange Act, not to exceed 
     $5,000,000, to remain available until expended, may be 
     credited to this appropriation from fees or other payments 
     received from English teaching, library, motion pictures, and 
     publication programs and from fees from educational advising 
     and counseling and exchange visitor programs; and
       (C) not to exceed $15,000, which shall be derived from 
     reimbursements, surcharges and fees for use of Blair House 
     facilities.
       (6) Transfer, reprogramming, and spending plan.--
       (A) Notwithstanding any provision of this Act, funds may be 
     reprogrammed within and between subsections under this 
     heading subject to section 7015 of this Act.
       (B) Of the amount made available under this heading, not to 
     exceed $10,000,000 may be transferred to, and merged with, 
     funds made available by this Act under the heading 
     ``Emergencies in the Diplomatic and Consular Service'', to be 
     available only for emergency evacuations and rewards, as 
     authorized.
       (C) Funds appropriated under this heading are available for 
     acquisition by exchange or purchase of passenger motor 
     vehicles as authorized by law and, pursuant to 31 U.S.C. 
     1108(g), for the field examination of programs and activities 
     in the United States funded from any account contained in 
     this title.

                        capital investment fund

       For necessary expenses of the Capital Investment Fund, 
     $69,915,000, to remain available until expended, as 
     authorized:  Provided, That section 135(e) of Public Law 103-
     236 shall not apply to funds available under this heading.

                      office of inspector general

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

               educational and cultural exchange programs

       For expenses of educational and cultural exchange programs, 
     as authorized, $612,000,000, to remain available until 
     expended:  Provided, That not to exceed $5,000,000, to remain 
     available until expended, may be credited to this 
     appropriation from fees or other payments received from or in 
     connection with English teaching, educational advising and 
     counseling programs, and exchange visitor programs as 
     authorized.

                       representation allowances

       For representation allowances as authorized, $7,300,000.

              protection of foreign missions and officials

       For expenses, not otherwise provided, to enable the 
     Secretary of State to provide for extraordinary protective 
     services, as authorized, $27,744,000, to remain available 
     until September 30, 2013.

            embassy security, construction, and maintenance

       For necessary expenses for carrying out the Foreign Service 
     Buildings Act of 1926 (22 U.S.C. 292-303), preserving, 
     maintaining, repairing, and planning for buildings that are 
     owned or directly leased by the Department of State, 
     renovating, in addition to funds otherwise available, the 
     Harry S Truman Building, and carrying out the Diplomatic 
     Security Construction Program as authorized, $795,000,000, to 
     remain available until expended as authorized, of which not 
     to exceed $25,000 may be used for domestic and overseas 
     representation as authorized:  Provided, That none of the 
     funds appropriated in this paragraph shall be available for 
     acquisition of furniture, furnishings, or generators for 
     other departments and agencies.
       In addition, for the costs of worldwide security upgrades, 
     acquisition, and construction as authorized, $775,000,000, to 
     remain available until expended:  Provided, That not later 
     than 45 days after enactment of this Act, the Secretary of 
     State shall submit to the Committees on Appropriations the 
     proposed allocation of funds made available under this 
     heading and the actual and anticipated proceeds of sales for 
     all projects in fiscal year 2012.

           emergencies in the diplomatic and consular service

                     (including transfer of funds)

       For necessary expenses to enable the Secretary of State to 
     meet unforeseen emergencies arising in the Diplomatic and 
     Consular Service, $9,300,000, to remain available until 
     expended as authorized, of which not to exceed $1,000,000 may 
     be transferred to, and merged with, funds appropriated by 
     this Act under the heading ``Repatriation Loans Program 
     Account'', subject to the same terms and conditions.

                   repatriation loans program account

                     (including transfer of funds)

       For the cost of direct loans, $1,447,000, as authorized, of 
     which $710,000 may be made available for administrative 
     expenses necessary to carry out the direct loan program and 
     may be paid to ``Diplomatic and Consular Programs'':  
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974.

              payment to the american institute in taiwan

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

     payment to the foreign service retirement and disability fund

       For payment to the Foreign Service Retirement and 
     Disability Fund, as authorized, $158,900,000.

                      International Organizations

              contributions to international organizations

       For necessary expenses, not otherwise provided for, to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $1,585,000,000:  Provided, That 
     the Secretary of State shall, at the time of the submission 
     of the President's budget to Congress under section 1105(a) 
     of title 31, United States Code, transmit to the Committees 
     on Appropriations the most recent biennial budget prepared by 
     the United Nations for the operations of the United Nations:  
     Provided further, That the Secretary of State shall notify 
     the Committees on Appropriations of any United Nations action 
     to increase funding for any United Nations program without 
     identifying an offsetting decrease elsewhere in the United 
     Nations budget:  Provided further, That notwithstanding any 
     other provision of law, credits to United States assessed 
     contributions to the United Nations Tax Equalization Fund 
     should be used to offset other assessed contributions to the 
     United Nations, subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That any payment of arrearages under this heading 
     shall be directed toward activities that are mutually agreed 
     upon by the United States

[[Page 17480]]

     and the respective international organization:  Provided 
     further, That none of the funds appropriated under this 
     heading shall be available for a United States contribution 
     to an international organization for the United States share 
     of interest costs made known to the United States Government 
     by such organization for loans incurred on or after October 
     1, 1984, through external borrowings.

        contributions for international peacekeeping activities

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security, $1,900,000,000, of which 15 percent shall remain 
     available until September 30, 2013:  Provided, That at least 
     15 days in advance of voting for a new or expanded mission in 
     the United Nations Security Council (or in an emergency as 
     far in advance as is practicable): (1) the Committees on 
     Appropriations shall be notified of the estimated cost and 
     duration of the mission, the national interest that will be 
     served, the exit strategy, and that the United Nations has 
     taken appropriate measures to prevent United Nations 
     employees, contractor personnel, and peacekeeping forces 
     serving in the mission from trafficking in persons, 
     exploiting victims of trafficking, or committing acts of 
     illegal sexual exploitation or other violations of human 
     rights, and to hold accountable individuals who engage in 
     such acts while participating in the peacekeeping mission, 
     including the prosecution in their home countries of such 
     individuals in connection with such acts; and (2) 
     notification pursuant to section 7015 of this Act is 
     submitted, and the procedures therein followed, setting forth 
     the source of funds that will be used to pay for the cost of 
     the new or expanded mission:  Provided further, That funds 
     shall be available for peacekeeping expenses unless the 
     Secretary of State determines that American manufacturers and 
     suppliers are not being given opportunities to provide 
     equipment, services, and material for United Nations 
     peacekeeping activities equal to those being given to foreign 
     manufacturers and suppliers:  Provided further, That the 
     Secretary of State shall work with the United Nations and 
     governments contributing peacekeeping troops to develop 
     effective vetting procedures to ensure that troops have not 
     violated human rights:  Provided further, That 
     notwithstanding any other provision of law, credits to United 
     States assessed contributions to United Nations peacekeeping 
     missions and to the United Nations Tax Equalization Fund 
     should be used to offset other assessed contributions to the 
     United Nations, subject to the regular notification 
     procedures of the Committees on Appropriations.

                       International Commissions

       For necessary expenses, not otherwise provided for, to meet 
     obligations of the United States arising under treaties, or 
     specific Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

       For necessary expenses for the United States Section of the 
     International Boundary and Water Commission, United States 
     and Mexico, and to comply with laws applicable to the United 
     States Section, including not to exceed $6,000 for 
     representation; as follows:

                         salaries and expenses

       For salaries and expenses, not otherwise provided for, 
     $45,000,000.

                              construction

       For detailed plan preparation and construction of 
     authorized projects, $29,862,000, to remain available until 
     expended, as authorized.

              american sections, international commissions

       For necessary expenses, not otherwise provided, for the 
     International Joint Commission and the International Boundary 
     Commission, United States and Canada, as authorized by 
     treaties between the United States and Canada or Great 
     Britain, and the Border Environment Cooperation Commission as 
     authorized by Public Law 103-182, $11,687,000:  Provided, 
     That of the amount provided under this heading for the 
     International Joint Commission, $9,000 may be made available 
     for representation expenses.

                  international fisheries commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $36,300,000:  Provided, That the United States share of 
     such expenses may be advanced to the respective commissions 
     pursuant to 31 U.S.C. 3324.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

       For necessary expenses to enable the Broadcasting Board of 
     Governors (BBG), as authorized, to carry out international 
     communication activities, and to make and supervise grants 
     for radio and television broadcasting to the Middle East, 
     $740,039,000:  Provided, That of the total amount in this 
     heading, not less than $2,500,000 shall be used to expand 
     unrestricted access to information on the Internet through 
     the development and use of circumvention and secure 
     communication technologies:  Provided further, That the BBG 
     shall coordinate the use of such technologies with the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development, as appropriate:  
     Provided further, That the circumvention technologies and 
     programs supported by funds made available by this Act or 
     Public Law 112-10 shall undergo a peer review, to include an 
     assessment of protections against such technologies being 
     used for illicit purposes such as furthering the 
     communications capabilities of extremist groups or their 
     supporters:  Provided further, That prior to obligation, the 
     BBG shall submit to the Committees on Appropriations a report 
     detailing planned expenditures for funds made available for 
     such activities:  Provided further, That not later than 
     September 30, 2012, the BBG shall submit a report to the 
     Committees on Appropriations listing programs supported by 
     the BBG to promote unrestricted access to information through 
     the Internet, including an assessment of the results of such 
     programs:  Provided further, That of the total amount 
     appropriated under this heading, not to exceed $16,000 may be 
     used for official receptions within the United States as 
     authorized, not to exceed $35,000 may be used for 
     representation abroad as authorized, and not to exceed 
     $39,000 may be used for official reception and representation 
     expenses of Radio Free Europe/Radio Liberty:  Provided 
     further, That the authority provided by section 504(c) of the 
     Foreign Relations Authorization Act, Fiscal Year 2003 (Public 
     Law 107-228; 22 U.S.C. 6206 note) shall remain in effect 
     through September 30, 2012:  Provided further, That the BBG 
     shall notify the Committees on Appropriations within 15 days 
     of any determination by the Board that any of its broadcast 
     entities, including its grantee organizations, provides an 
     open platform for international terrorists or those who 
     support international terrorism, or is in violation of the 
     principles and standards set forth in the United States 
     International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and 
     (b)) or the entity's journalistic code of ethics:  Provided 
     further, That reductions and increases to BBG broadcast hours 
     previously justified to Congress, including changes to 
     transmission platforms (shortwave, medium wave, satellite, 
     and television), for all BBG language services shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That in 
     addition to funds made available under this heading, and 
     notwithstanding any other provision of law, up to $2,000,000 
     in receipts from advertising and revenue from business 
     ventures, up to $500,000 in receipts from cooperating 
     international organizations, and up to $1,000,000 in receipts 
     from privatization efforts of the Voice of America and the 
     International Broadcasting Bureau, to remain available until 
     expended for carrying out authorized purposes.

                   broadcasting capital improvements

       For the purchase, rent, construction, and improvement of 
     facilities for radio and television transmission and 
     reception, and purchase and installation of necessary 
     equipment for radio and television transmission and 
     reception, including to Cuba, as authorized, $9,361,000, to 
     remain available until expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

       For a grant to The Asia Foundation, as authorized by The 
     Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain 
     available until expended, as authorized.

                    United States Institute of Peace

       For necessary expenses of the United States Institute of 
     Peace, as authorized by the United States Institute of Peace 
     Act, $31,589,000, to remain available until September 30, 
     2012, which shall not be used for construction activities.

         Center for Middle Eastern-Western Dialogue Trust Fund

       For necessary expenses of the Center for Middle Eastern-
     Western Dialogue Trust Fund, as authorized by section 633 of 
     the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 2004 (22 
     U.S.C. 2078), the total amount of the interest and earnings 
     accruing to such Fund on or before September 30, 2012, to 
     remain available until expended.

                 Eisenhower Exchange Fellowship Program

       For necessary expenses of Eisenhower Exchange Fellowships, 
     Incorporated, as authorized by sections 4 and 5 of the 
     Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
     5205), all interest and earnings accruing to the Eisenhower 
     Exchange Fellowship Program Trust Fund on or before September 
     30, 2012, to remain available until expended:  Provided, That 
     none of the funds appropriated herein shall be used to pay 
     any salary or other compensation, or to enter into any 
     contract providing for the payment thereof, in excess of the 
     rate authorized by 5 U.S.C. 5376; or for purposes which are 
     not in accordance with OMB Circulars A-110 (Uniform 
     Administrative Requirements) and A-122 (Cost Principles for 
     Non-profit Organizations), including the restrictions on 
     compensation for personal services.

[[Page 17481]]



                    Israeli Arab Scholarship Program

       For necessary expenses of the Israeli Arab Scholarship 
     Program, as authorized by section 214 of the Foreign 
     Relations Authorization Act, Fiscal Years 1992 and 1993 (22 
     U.S.C. 2452), all interest and earnings accruing to the 
     Israeli Arab Scholarship Fund on or before September 30, 
     2012, to remain available until expended.

                            East-West Center

       To enable the Secretary of State to provide for carrying 
     out the provisions of the Center for Cultural and Technical 
     Interchange Between East and West Act of 1960, by grant to 
     the Center for Cultural and Technical Interchange Between 
     East and West in the State of Hawaii, $16,700,000:  Provided, 
     That none of the funds appropriated herein shall be used to 
     pay any salary, or enter into any contract providing for the 
     payment thereof, in excess of the rate authorized by 5 U.S.C. 
     5376.

                    National Endowment for Democracy

       For grants made by the Department of State to the National 
     Endowment for Democracy, as authorized by the National 
     Endowment for Democracy Act, $117,764,000, to remain 
     available until expended, of which $100,000,000 shall be 
     allocated in the traditional and customary manner, including 
     for the core institutes, and $25,000,000 shall be for 
     democracy, human rights, and rule of law programs:  Provided, 
     That the President of the National Endowment for Democracy 
     shall submit to the Committees on Appropriations not later 
     than 45 days after the date of enactment of this Act a report 
     on the proposed uses of funds under this heading on a 
     regional and country basis.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

       For necessary expenses for the Commission for the 
     Preservation of America's Heritage Abroad, $656,000, as 
     authorized by section 1303 of Public Law 99-83.

      United States Commission on International Religious Freedom

                         salaries and expenses

       For necessary expenses for the United States Commission on 
     International Religious Freedom, as authorized by title II of 
     the International Religious Freedom Act of 1998 (Public Law 
     105-292), $4,291,000, to remain available until September 30, 
     2013:  Provided, That notwithstanding the expenditure 
     limitation specified in section 208(c)(1) of such Act (22 
     U.S.C. 6435a(c)(1)), the Commission may expend up to $250,000 
     of the funds made available under this heading to procure 
     temporary and intermittent services under the authority of 
     section 3109(b) of title 5, United States Code.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

       For necessary expenses of the Commission on Security and 
     Cooperation in Europe, as authorized by Public Law 94-304, 
     $2,715,000, to remain available until September 30, 2013.

  Congressional-Executive Commission on the People's Republic of China

                         salaries and expenses

       For necessary expenses of the Congressional-Executive 
     Commission on the People's Republic of China, as authorized 
     by title III of the U.S.-China Relations Act of 2000 (22 
     U.S.C. 6911-6919), $1,996,000, including not more than $3,000 
     for the purpose of official representation, to remain 
     available until September 30, 2013.

      United States-China Economic and Security Review Commission

                         salaries and expenses

       For necessary expenses of the United States-China Economic 
     and Security Review Commission, as authorized by section 1238 
     of the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (22 U.S.C. 7002), $3,493,000, including not 
     more than $4,000 for the purpose of official representation, 
     to remain available until September 30, 2013:  Provided, That 
     the second through sixth provisos under this heading in 
     division F of Public Law 111-117 shall continue in effect 
     during fiscal year 2012 and shall apply as if part of this 
     Act.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $1,251,000,000, to remain available until September 30, 2013: 
      Provided, That none of the funds appropriated under this 
     heading and under the heading ``Capital Investment Fund'' in 
     this title may be made available to finance the construction 
     (including architect and engineering services), purchase, or 
     long-term lease of offices for use by the United States 
     Agency for International Development (USAID), unless the 
     USAID Administrator has identified such proposed use of funds 
     in a report submitted to the Committees on Appropriations at 
     least 15 days prior to the obligation of funds for such 
     purposes:  Provided further, That contracts or agreements 
     entered into with funds appropriated under this heading may 
     entail commitments for the expenditure of such funds through 
     the following fiscal year:  Provided further, That any 
     decision to open a new USAID mission, bureau, center, or 
     office or, except where there is a substantial security risk 
     to mission personnel, to close or significantly reduce the 
     number of personnel of any such mission or office, shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That the 
     authority of sections 610 and 109 of the Foreign Assistance 
     Act of 1961 may be exercised by the Secretary of State to 
     transfer funds appropriated to carry out chapter 1 of part I 
     of such Act to ``Operating Expenses'' in accordance with the 
     provisions of those sections:  Provided further, That any 
     reprogramming of funds in excess of $1,000,000 or 10 percent, 
     whichever is less, to the cost categories in the table 
     included under this heading in the report accompanying this 
     Act for funds appropriated under this heading, shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That of the 
     funds appropriated or made available under this heading, not 
     to exceed $250,000 may be available for representation and 
     entertainment allowances, of which not to exceed $5,000 may 
     be available for entertainment allowances, for USAID during 
     the current fiscal year:  Provided further, That no such 
     entertainment funds may be used for the purposes listed in 
     section 7020 of this Act:  Provided further, That appropriate 
     steps shall be taken to assure that, to the maximum extent 
     possible, United States-owned foreign currencies are utilized 
     in lieu of dollars.

                        capital investment fund

       For necessary expenses for overseas construction and 
     related costs, and for the procurement and enhancement of 
     information technology and related capital investments, 
     pursuant to section 667 of the Foreign Assistance Act of 
     1961, $137,000,000, to remain available until expended:  
     Provided, That this amount is in addition to funds otherwise 
     available for such purposes:  Provided further, That funds 
     appropriated under this heading shall be available for 
     obligation only pursuant to the regular notification 
     procedures of the Committees on Appropriations.

                      office of inspector general

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $49,000,000, to remain available until September 30, 2013, 
     which sum shall be available for the Office of Inspector 
     General of the United States Agency for International 
     Development.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For necessary expenses to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, to remain available until September 30, 2012, 
     unless otherwise specified herein, as follows:

                         global health programs

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for global health activities, in addition to funds 
     otherwise available for such purposes, $2,657,500,000, to 
     remain available until September 30, 2013, and which shall be 
     apportioned directly to the United States Agency for 
     International Development (USAID):  Provided, That this 
     amount shall be made available for training, equipment, and 
     technical assistance to build the capacity of public health 
     institutions and organizations in developing countries, and 
     for such activities as: (1) child survival and maternal 
     health programs; (2) immunization and oral rehydration 
     programs; (3) other health, nutrition, water and sanitation 
     programs which directly address the needs of mothers and 
     children, and related education programs; (4) assistance for 
     children displaced or orphaned by causes other than AIDS; (5) 
     programs for the prevention, treatment, control of, and 
     research on HIV/AIDS, tuberculosis, polio, malaria, and other 
     infectious diseases including neglected tropical diseases, 
     and for assistance to communities severely affected by HIV/
     AIDS, including children infected or affected by AIDS; and 
     (6) family planning/reproductive health:  Provided further, 
     That funds appropriated under this paragraph shall be made 
     available for a United States contribution to the GAVI 
     Alliance:  Provided further, That none of the funds made 
     available in this Act nor any unobligated balances from prior 
     appropriations Acts may be made available to any organization 
     or program which, as determined by the President of the 
     United States, supports or participates in the management of 
     a program of coercive abortion or involuntary sterilization:  
     Provided further, That any determination made under the 
     previous proviso must be made no later than 6 months after 
     enactment of this Act, and must be accompanied by the 
     evidence and criteria utilized to make the determination:  
     Provided further, That none of the funds made available under 
     this Act may be used to pay for the performance of abortion 
     as a method of family planning or to motivate or coerce any 
     person to practice abortions:  Provided further, That nothing

[[Page 17482]]

     in this paragraph shall be construed to alter any existing 
     statutory prohibitions against abortion under section 104 of 
     the Foreign Assistance Act of 1961:  Provided further, That 
     none of the funds made available under this Act may be used 
     to lobby for or against abortion:  Provided further, That the 
     ninth and tenth provisos under this heading in the 
     Consolidated Appropriations Act, 2010 (Public Law 111-117) 
     shall apply to funds appropriated under this heading in this 
     Act:  Provided further, That for purposes of this or any 
     other Act authorizing or appropriating funds for the 
     Department of State, foreign operations, and related 
     programs, the term ``motivate'', as it relates to family 
     planning assistance, shall not be construed to prohibit the 
     provision, consistent with local law, of information or 
     counseling about all pregnancy options:  Provided further, 
     That information provided about the use of condoms as part of 
     projects or activities that are funded from amounts 
     appropriated by this Act shall be medically accurate and 
     shall include the public health benefits and failure rates of 
     such use.
       In addition, for necessary expenses to carry out the 
     provisions of the Foreign Assistance Act of 1961 for the 
     prevention, treatment, and control of, and research on, HIV/
     AIDS, $5,250,000,000, to remain available until September 30, 
     2015, which shall be apportioned directly to the Department 
     of State:  Provided, That of the funds appropriated under 
     this paragraph, not less than $750,000,000 shall be made 
     available, notwithstanding any other provision of law, except 
     for the United States Leadership Against HIV/AIDS, 
     Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as 
     amended, for a United States contribution to the Global Fund 
     to Fight AIDS, Tuberculosis and Malaria (Global Fund), and 
     shall be expended at the minimum rate necessary to make 
     timely payment for projects and activities:  Provided 
     further, That up to 5 percent of the aggregate amount of 
     funds made available to the Global Fund in fiscal year 2012 
     may be made available to USAID for technical assistance 
     related to the activities of the Global Fund:  Provided 
     further, That of the funds appropriated under this paragraph, 
     up to $14,250,000 may be made available, in addition to 
     amounts otherwise available for such purposes, for 
     administrative expenses of the Office of the United States 
     Global AIDS Coordinator.

                         development assistance

       For necessary expenses to carry out the provisions of 
     sections 103, 105, 106, 214, and sections 251 through 255, 
     and chapter 10 of part I of the Foreign Assistance Act of 
     1961, $2,550,000,000, to remain available until September 30, 
     2013:  Provided, That relevant bureaus and offices of the 
     United States Agency for International Development (USAID) 
     that support cross-cutting development programs shall 
     coordinate such programs on a regular basis:  Provided 
     further, That funds appropriated by this Act shall be made 
     available for water and sanitation supply projects pursuant 
     to the Paul Simon Water for the Poor Act of 2005 (Public Law 
     109-121):  Provided further, That funds appropriated by this 
     Act for food security and agricultural development programs 
     may be made available notwithstanding any other provision of 
     law and shall be made available for a United States 
     contribution to the endowment of the Global Crop Diversity 
     Trust pursuant to section 3202 of Public Law 110-246:  
     Provided further, That funds appropriated under this heading 
     shall be made available for programs to improve women's 
     leadership capacity in recipient countries.

                   international disaster assistance

       For necessary expenses to carry out the provisions of 
     section 491 of the Foreign Assistance Act of 1961 for 
     international disaster relief, rehabilitation, and 
     reconstruction assistance, $850,000,000, to remain available 
     until expended.

                         transition initiatives

       For necessary expenses for international disaster 
     rehabilitation and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, 
     $55,000,000, to remain available until expended, to support 
     transition to democracy and to long-term development of 
     countries in crisis:  Provided, That such support may include 
     assistance to develop, strengthen, or preserve democratic 
     institutions and processes, revitalize basic infrastructure, 
     and foster the peaceful resolution of conflict:  Provided 
     further, That the United States Agency for International 
     Development shall submit a report to the Committees on 
     Appropriations at least 5 days prior to beginning a new 
     program of assistance:  Provided further, That if the 
     Secretary of State determines that it is important to the 
     national interests of the United States to provide transition 
     assistance in excess of the amount appropriated under this 
     heading, up to $15,000,000 of the funds appropriated by this 
     Act to carry out the provisions of part I of the Foreign 
     Assistance Act of 1961 may be used for purposes of this 
     heading and under the authorities applicable to funds 
     appropriated under this heading:  Provided further, That 
     funds made available pursuant to the previous proviso shall 
     be made available subject to prior consultation with the 
     Committees on Appropriations.

                          complex crises fund

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 to enable the Administrator of 
     the United States Agency for International Development 
     (USAID), with the concurrence of the Secretary of State, to 
     support programs and activities to prevent or respond to 
     emerging or unforeseen complex crises overseas, $30,000,000, 
     to remain available until expended:  Provided, That the 
     administrative authorities of the Foreign Assistance Act of 
     1961 shall be applicable to funds appropriated under this 
     heading:  Provided further, That funds appropriated under 
     this heading may be made available on such terms and 
     conditions as the USAID Administrator may determine, in 
     consultation with the Committees on Appropriations, for the 
     purposes of preventing or responding to such crises, except 
     that no funds shall be made available to respond to natural 
     disasters:  Provided further, That funds appropriated under 
     this heading shall be made available notwithstanding section 
     10 of Public Law 91-672 and section 15 of the State 
     Department Basic Authorities Act of 1956:  Provided further, 
     That funds appropriated under this heading may be made 
     available notwithstanding any other provision of law, except 
     sections 7007, 7008, and 7018 of this Act:  Provided further, 
     That funds appropriated under this heading shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations, except that such notifications shall be 
     transmitted at least 5 days in advance of the obligation of 
     funds.

                      development credit authority

                     (including transfer of funds)

       For the cost of direct loans and loan guarantees provided 
     by the United States Agency for International Development, as 
     authorized by sections 256 and 635 of the Foreign Assistance 
     Act of 1961, up to $50,000,000 may be derived by transfer 
     from funds appropriated by this Act to carry out part I of 
     such Act and under the heading ``Assistance for Europe, 
     Eurasia and Central Asia'':  Provided, That funds provided 
     under this paragraph and funds provided as a gift pursuant to 
     section 635(d) of the Foreign Assistance Act of 1961 shall be 
     made available only for micro and small enterprise programs, 
     urban programs, and other programs which further the purposes 
     of part I of such Act:  Provided further, That such costs, 
     including the cost of modifying such direct and guaranteed 
     loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended:  Provided 
     further, That funds made available by this paragraph may be 
     used for the cost of modifying any such guaranteed loans 
     under this Act or prior Acts, and funds used for such costs 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations:  Provided further, That the 
     provisions of section 107A(d) (relating to general provisions 
     applicable to the Development Credit Authority) of the 
     Foreign Assistance Act of 1961, as contained in section 306 
     of H.R. 1486 as reported by the House Committee on 
     International Relations on May 9, 1997, shall be applicable 
     to direct loans and loan guarantees provided under this 
     heading, except that the principal amount of loans made or 
     guaranteed under this heading with respect to any single 
     country or borrower shall not exceed $300,000,000:  Provided 
     further, That these funds are available to subsidize total 
     loan principal, any portion of which is to be guaranteed, of 
     up to $1,000,000,000.
       In addition, for administrative expenses to carry out 
     credit programs administered by the United States Agency for 
     International Development, $8,300,000, which may be 
     transferred to, and merged with, funds made available under 
     the heading ``Operating Expenses'' in title II of this Act:  
     Provided, That funds made available under this heading shall 
     remain available until September 30, 2014.

                         economic support fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     $4,378,560,000, to remain available until September 30, 2013: 
      Provided, That of the funds appropriated under this heading, 
     up to $250,000,000 shall be available for assistance for 
     Egypt, which shall be for programs and activities (including 
     to implement sections 7039(a)(3) and (b) of this Act) to 
     reduce poverty and create jobs, strengthen democracy, and 
     protect human rights, including not less than $35,000,000 for 
     education programs of which not less than $10,000,000 is for 
     scholarships at not-for-profit institutions for Egyptian 
     students with high financial need:  Provided further, That 
     funds appropriated under this heading that are made available 
     for assistance for Cyprus shall be used only for 
     scholarships, administrative support of the scholarship 
     program, bicommunal projects, and measures aimed at 
     reunification of the island and designed to reduce tensions 
     and promote peace and cooperation between the two communities 
     on Cyprus:  Provided further, That $12,000,000 of the funds 
     made available for assistance for Lebanon under this heading 
     shall be for scholarships at not-for-profit institutions for 
     students in Lebanon with high financial need:  Provided 
     further, That of the funds appropriated under this heading, 
     not less than $360,000,000 shall be available for assistance 
     for Jordan, including for programs and activities to reduce 
     poverty and

[[Page 17483]]

     create jobs, strengthen democracy, and protect human rights:  
     Provided further, That up to $30,000,000 of the funds 
     appropriated for fiscal year 2011 under this heading in 
     Public Law 112-10, division B, may be made available for the 
     costs, as defined in section 502 of the Congressional Budget 
     Act of 1974, of loan guarantees for Tunisia, which are 
     authorized to be provided:  Provided further, That amounts 
     that are made available under the previous proviso for the 
     cost of guarantees shall not be considered ``assistance'' for 
     the purposes of provisions of law limiting assistance to a 
     country:  Provided further, That none of the funds 
     appropriated under this heading may be made available for the 
     Palestinian Authority if Palestine becomes a member or non-
     member state of the United Nations outside of an agreement 
     negotiated between Israel and the Palestinians:  Provided 
     further, That the Secretary may waive the previous proviso if 
     the Secretary certifies to the Committees on Appropriations 
     that to do so is in the national security interests of the 
     United States:  Provided further, That of the funds 
     appropriated under this heading, $179,000,000 shall be 
     apportioned directly to the United States Agency for 
     International Development for alternative development/
     institution building programs in Colombia:  Provided further, 
     That of the funds appropriated under this heading that are 
     available for assistance for Colombia, not less than 
     $8,000,000 shall be transferred to, and merged with, funds 
     appropriated under the heading ``Migration and Refugee 
     Assistance'' and shall be made available only for assistance 
     to nongovernmental and international organizations that 
     provide assistance to Colombian refugees in neighboring 
     countries:  Provided further, That of the funds appropriated 
     under this heading, $15,000,000 may be made available for 
     assistance for Cuba, including humanitarian and democracy 
     assistance, support for economic reform, private sector 
     initiatives, and human rights.

                             democracy fund

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 for the promotion of democracy 
     globally, $114,770,000, to remain available until September 
     30, 2013, of which $70,910,000 shall be made available for 
     the Human Rights and Democracy Fund of the Bureau of 
     Democracy, Human Rights and Labor, Department of State, and 
     $43,860,000 shall be made available for the Office of 
     Democracy and Governance of the Bureau for Democracy, 
     Conflict, and Humanitarian Assistance, United States Agency 
     for International Development.

            assistance for europe, eurasia and central asia

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961, the FREEDOM Support Act, and 
     the Support for East European Democracy (SEED) Act of 1989, 
     $626,718,000, to remain available until September 30, 2013, 
     which shall be available, notwithstanding any other provision 
     of law, for assistance and for related programs for countries 
     identified in section 3 of the FREEDOM Support Act and 
     section 3(c) of the SEED Act:  Provided, That funds 
     appropriated under this heading shall be considered to be 
     economic assistance under the Foreign Assistance Act of 1961 
     for purposes of making available the administrative 
     authorities contained in that Act for the use of economic 
     assistance:  Provided further, That funds made available for 
     the Southern Caucasus region may be used for confidence-
     building measures and other activities in furtherance of the 
     peaceful resolution of conflicts, including in Nagorno-
     Karabakh:  Provided further, That of the funds appropriated 
     under this heading, not less than $7,000,000 shall be made 
     available for humanitarian, conflict mitigation, human 
     rights, civil society, and relief and reconstruction 
     assistance for the North Caucasus.

                          Department of State

                    migration and refugee assistance

       For necessary expenses not otherwise provided for, to 
     enable the Secretary of State to carry out the provisions of 
     section 2(a) and (b) of the Migration and Refugee Assistance 
     Act of 1962, and other activities to meet refugee and 
     migration needs; salaries and expenses of personnel and 
     dependents as authorized by the Foreign Service Act of 1980; 
     allowances as authorized by sections 5921 through 5925 of 
     title 5, United States Code; purchase and hire of passenger 
     motor vehicles; and services as authorized by section 3109 of 
     title 5, United States Code, $1,700,000,000, to remain 
     available until expended, of which $20,000,000 shall be made 
     available for refugees resettling in Israel, and not less 
     than $35,000,000 shall be made available to respond to small-
     scale emergency humanitarian requirements of international 
     and nongovernmental partners.

                          Independent Agencies

                              peace corps

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of the 
     Peace Corps Act (22 U.S.C. 2501-2523), including the purchase 
     of not to exceed five passenger motor vehicles for 
     administrative purposes for use outside of the United States, 
     $375,000,000, of which $5,000,000 is for the Office of 
     Inspector General, to remain available until September 30, 
     2013:  Provided, That the Director of the Peace Corps may 
     transfer to the Foreign Currency Fluctuations Account, as 
     authorized by 22 U.S.C. 2515, an amount not to exceed 
     $5,000,000:  Provided further, That funds transferred 
     pursuant to the previous proviso may not be derived from 
     amounts made available for Peace Corps overseas operations:  
     Provided further, That of the funds appropriated under this 
     heading, not to exceed $4,000 may be made available for 
     entertainment expenses:  Provided further, That not later 
     than 45 days after enactment of this Act, the Director shall 
     submit a spending plan to the Committees on Appropriations on 
     the proposed uses of funds under this heading:  Provided 
     further, That none of the funds appropriated under this 
     heading may be used to pay for abortions, except when the 
     life of the mother would be endangered if the fetus were 
     carried to term, or the pregnancy is the result of an act of 
     rape or incest.

                    millennium challenge corporation

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of the 
     Millennium Challenge Act of 2003, $898,200,000 to remain 
     available until expended:  Provided, That of the funds 
     appropriated under this heading, up to $105,000,000 may be 
     available for administrative expenses of the Millennium 
     Challenge Corporation (the Corporation):  Provided further, 
     That up to 5 percent of the funds appropriated under this 
     heading may be made available to carry out the purposes of 
     section 616 of the Millennium Challenge Act of 2003 for 
     fiscal year 2012:  Provided further, That section 605(e)(4) 
     of the Millennium Challenge Act of 2003 shall apply to funds 
     appropriated under this heading:  Provided further, That 
     funds appropriated under this heading may be made available 
     for a Millennium Challenge Compact entered into pursuant to 
     section 609 of the Millennium Challenge Act of 2003 only if 
     such Compact obligates, or contains a commitment to obligate 
     subject to the availability of funds and the mutual agreement 
     of the parties to the Compact to proceed, the entire amount 
     of the United States Government funding anticipated for the 
     duration of the Compact:  Provided further, That the Chief 
     Executive Officer of the Corporation shall notify the 
     Committees on Appropriations not later than 15 days prior to 
     signing any new country compact or new threshold country 
     program; terminating or suspending any country compact or 
     threshold country program; or commencing negotiations for any 
     new compact or threshold country program:  Provided further, 
     That funds appropriated by this Act or any prior Act 
     appropriating funds for the Department of State, foreign 
     operations, and related programs that are made available for 
     a Millennium Challenge Compact and that are suspended or 
     terminated by the Chief Executive Officer of the Corporation 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations prior to re-obligation:  
     Provided further, That none of the funds appropriated by this 
     Act and prior Acts making appropriations for the Department 
     of State, foreign operations, and related programs under this 
     heading may be used for military assistance or military 
     training, including for assistance for military or 
     paramilitary purposes and for assistance to military forces:  
     Provided further, That of the funds appropriated under this 
     heading, not to exceed $100,000 may be available for 
     representation and entertainment allowances, of which not to 
     exceed $5,000 may be available for entertainment allowances.

                       inter-american foundation

       For necessary expenses to carry out the functions of the 
     Inter-American Foundation in accordance with the provisions 
     of section 401 of the Foreign Assistance Act of 1969, 
     $22,500,000, to remain available until September 30, 2013:  
     Provided, That of the funds appropriated under this heading, 
     not to exceed $2,000 may be available for entertainment and 
     representation allowances.

                     african development foundation

       For necessary expenses to carry out title V of the 
     International Security and Development Cooperation Act of 
     1980 (Public Law 96-533), $30,000,000, to remain available 
     until September 30, 2013:  Provided, That funds made 
     available to grantees may be invested pending expenditure for 
     project purposes when authorized by the Board of Directors of 
     the Foundation:  Provided further, That interest earned shall 
     be used only for the purposes for which the grant was made:  
     Provided further, That notwithstanding section 505(a)(2) of 
     the African Development Foundation Act, in exceptional 
     circumstances the Board of Directors of the Foundation may 
     waive the $250,000 limitation contained in that section with 
     respect to a project and a project may exceed the limitation 
     by up to 10 percent if the increase is due solely to foreign 
     currency fluctuation:  Provided further, That the Foundation 
     shall provide a report to the Committees on Appropriations 
     after each time such waiver authority is exercised.

                       Department of the Treasury

               international affairs technical assistance

       For necessary expenses to carry out the provisions of 
     section 129 of the Foreign Assistance Act of 1961, 
     $27,000,000, to remain available until September 30, 2013, 
     which shall be available notwithstanding any other provision 
     of law.

[[Page 17484]]



                           debt restructuring

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to part V of the 
     Foreign Assistance Act of 1961, $15,000,000, to remain 
     available until September 30, 2013.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

                     (including transfer of funds)

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $1,056,000,000, to remain 
     available until September 30, 2013:  Provided, That during 
     fiscal year 2012, the Department of State may also use the 
     authority of section 608 of the Foreign Assistance Act of 
     1961, without regard to its restrictions, to receive excess 
     property from an agency of the United States Government for 
     the purpose of providing it to a foreign country or 
     international organization under chapter 8 of part I of that 
     Act subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That the 
     Secretary of State shall provide to the Committees on 
     Appropriations not later than 45 days after the date of 
     enactment of this Act and prior to the initial obligation of 
     funds appropriated under this heading, a report on the 
     proposed uses of all funds under this heading on a country-
     by-country basis for each proposed program, project, or 
     activity:  Provided further, That section 482(b) of the 
     Foreign Assistance Act of 1961 shall not apply to funds 
     appropriated under this heading:  Provided further, That 
     assistance provided with funds appropriated under this 
     heading that is made available notwithstanding section 482(b) 
     of the Foreign Assistance Act of 1961 shall be made available 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That 
     notwithstanding any provision of this or any other Act, funds 
     appropriated in prior years under the headings ``Andean 
     Counterdrug Initiative'' and ``Andean Counterdrug Program'' 
     shall be available for use in any country for which funds may 
     be made available under this heading without regard to the 
     geographic or purpose limitations under which such funds were 
     originally appropriated, subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That, notwithstanding any other provision of law, of 
     the funds appropriated under this heading, $5,000,000 should 
     be made available to combat piracy of United States 
     copyrighted materials, consistent with the requirements of 
     section 688(a) and (b) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161):  Provided further, That 
     not later than 90 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing the operation and maintenance costs 
     of aircraft utilized in Iraq in support of programs funded 
     under this heading, a justification for not including such 
     costs under the heading ``Diplomatic and Consular Programs'', 
     and estimates for overhead costs associated with the 
     Stabilization Operations and Security Sector Reform program:  
     Provided further, That the concurrence of the Secretary of 
     State shall be required for the provision of assistance which 
     is comparable to assistance made available under this heading 
     but which is provided under any other provision of law.

    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-
     terrorism, demining and related programs and activities, 
     $685,500,000, to carry out the provisions of chapter 8 of 
     part II of the Foreign Assistance Act of 1961 for anti-
     terrorism assistance, chapter 9 of part II of the Foreign 
     Assistance Act of 1961, section 504 of the FREEDOM Support 
     Act, section 23 of the Arms Export Control Act or the Foreign 
     Assistance Act of 1961 for demining activities, the clearance 
     of unexploded ordnance, the destruction of small arms, and 
     related activities, notwithstanding any other provision of 
     law, including activities implemented through nongovernmental 
     and international organizations, and section 301 of the 
     Foreign Assistance Act of 1961 for a voluntary contribution 
     to the International Atomic Energy Agency (IAEA), and for a 
     United States contribution to the Comprehensive Nuclear Test 
     Ban Treaty Preparatory Commission:  Provided, That the 
     clearance of unexploded ordnance should prioritize areas 
     where such ordnance was caused by the United States:  
     Provided further, That of the funds made available under this 
     heading, not to exceed $30,000,000, to remain available until 
     expended, may be made available for the Nonproliferation and 
     Disarmament Fund, notwithstanding any other provision of law 
     and subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations, 
     to promote bilateral and multilateral activities relating to 
     nonproliferation, disarmament and weapons destruction:  
     Provided further, That such funds may also be used for such 
     countries other than the Independent States of the former 
     Soviet Union and international organizations when it is in 
     the national security interest of the United States to do so: 
      Provided further, That funds appropriated under this heading 
     may be made available for the IAEA unless the Secretary of 
     State determines that Israel is being denied its right to 
     participate in the activities of that Agency:  Provided 
     further, That funds appropriated under this heading may be 
     made available for public-private partnerships for 
     conventional weapons and mine action by grant, cooperative 
     agreement or contract:  Provided further, That funds made 
     available for demining and related activities, in addition to 
     funds otherwise available for such purposes, may be used for 
     administrative expenses related to the operation and 
     management of the demining program:  Provided further, That 
     funds appropriated under this heading that are available for 
     ``Anti-terrorism Assistance'' and ``Export Control and Border 
     Security'' shall remain available until September 30, 2013.

                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $262,000,000:  Provided, That funds appropriated under this 
     heading may be used, notwithstanding section 660 of such Act, 
     to provide assistance to enhance the capacity of foreign 
     civilian security forces, including gendarmes, to participate 
     in peacekeeping operations:  Provided further, That funds 
     appropriated under this heading may be used to pay assessed 
     expenses of international peacekeeping activities in Somalia 
     and shall be available until September 30, 2013:  Provided 
     further, That funds appropriated under this Act should not be 
     used to support any military training or operations that 
     include child soldiers:  Provided further, That none of the 
     funds appropriated under this heading shall be obligated or 
     expended except as provided through the regular notification 
     procedures of the Committees on Appropriations.

                  Funds Appropriated to the President

             international military education and training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance Act of 1961, 
     $105,788,000:  Provided, That the civilian personnel for whom 
     military education and training may be provided under this 
     heading may include civilians who are not members of a 
     government whose participation would contribute to improved 
     civil-military relations, civilian control of the military, 
     or respect for human rights:  Provided further, That funds 
     made available under this heading for assistance for Angola, 
     Bahrain, Bangladesh, Cameroon, Central African Republic, 
     Chad, Cote d'Ivoire, Democratic Republic of the Congo, 
     Ethiopia, Guatemala, Guinea, Haiti, Indonesia, Kenya, Libya, 
     Nepal, Nigeria, and Sri Lanka may only be provided through 
     the regular notification procedures of the Committees on 
     Appropriations and any such notification shall include a 
     detailed description of proposed activities:  Provided 
     further, That of the funds appropriated under this heading, 
     not to exceed $55,000 may be available for entertainment 
     allowances.

                   foreign military financing program

                     (including transfer of funds)

       For necessary expenses for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $5,346,000,000:  Provided, That to expedite the 
     provision of assistance to foreign countries and 
     international organizations, the Secretary of State, 
     following consultation with the Committees on Appropriations 
     and subject to the regular notification procedures of such 
     Committees, may use the funds appropriated under this heading 
     to procure defense articles and services to enhance the 
     capacity of foreign security forces:  Provided further, That 
     of the funds appropriated under this heading, not less than 
     $3,075,000,000 shall be available for grants only for Israel, 
     and up to $1,300,000,000 shall be made available for grants 
     only for Egypt, including for border security programs and 
     activities in the Sinai:  Provided further, That prior to the 
     obligation of funds appropriated under this heading for 
     assistance for Egypt, the Secretary of State shall certify to 
     the Committees on Appropriations that the Governments of the 
     United States and Egypt have agreed upon the specific uses of 
     such funds, that such funds further the national interests of 
     the United States in Egypt and the region, and that the 
     Government of Egypt has held free and fair elections and is 
     implementing policies to protect the rights of journalists, 
     due process, and freedoms of expression and association:  
     Provided further, That the funds appropriated under this 
     heading for assistance for Israel shall be disbursed within 
     30 days of enactment of this Act:  Provided further, That to 
     the extent that the Government of Israel requests that funds 
     be used for such purposes, grants made available for Israel 
     under this heading shall, as agreed by the United States and 
     Israel, be

[[Page 17485]]

     available for advanced weapons systems, of which not less 
     than $808,725,000 shall be available for the procurement in 
     Israel of defense articles and defense services, including 
     research and development:  Provided further, That funds 
     appropriated under this heading estimated to be outlayed for 
     Egypt during fiscal year 2012 may be transferred to an 
     interest bearing account for Egypt in the Federal Reserve 
     Bank of New York within 30 days of enactment of this Act:  
     Provided further, That of the funds appropriated under this 
     heading, $300,000,000 shall be made available for assistance 
     for Jordan:  Provided further, That none of the funds made 
     available under this heading shall be made available to 
     support or continue any program initially funded under the 
     authority of section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3456) unless the Secretary of State, in 
     consultation with the Secretary of Defense, has justified 
     such program to the Committees on Appropriations:  Provided 
     further, That funds appropriated or otherwise made available 
     under this heading shall be nonrepayable notwithstanding any 
     requirement in section 23 of the Arms Export Control Act:  
     Provided further, That funds made available under this 
     heading shall be obligated upon apportionment in accordance 
     with paragraph (5)(C) of title 31, United States Code, 
     section 1501(a).
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurement has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurement may be financed with such funds:  
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 7015 of this Act:  
     Provided further, That funds made available under this 
     heading may be used, notwithstanding any other provision of 
     law, for demining, the clearance of unexploded ordnance, and 
     related activities, and may include activities implemented 
     through nongovernmental and international organizations:  
     Provided further, That none of the funds appropriated under 
     this heading may be made available for assistance for Nepal, 
     Sri Lanka, Pakistan, Bangladesh, Bahrain, Philippines, 
     Indonesia, Haiti, Guatemala, Honduras, Ethiopia, Cambodia, 
     Kenya, Chad, and the Democratic Republic of the Congo except 
     pursuant to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That only 
     those countries for which assistance was justified for the 
     ``Foreign Military Sales Financing Program'' in the fiscal 
     year 1989 congressional presentation for security assistance 
     programs may utilize funds made available under this heading 
     for procurement of defense articles, defense services or 
     design and construction services that are not sold by the 
     United States Government under the Arms Export Control Act:  
     Provided further, That funds appropriated under this heading 
     shall be expended at the minimum rate necessary to make 
     timely payment for defense articles and services:  Provided 
     further, That not more than $62,800,000 of the funds 
     appropriated under this heading may be obligated for 
     necessary expenses, including the purchase of passenger motor 
     vehicles for replacement only for use outside of the United 
     States, for the general costs of administering military 
     assistance and sales, except that this limitation may be 
     exceeded only through the regular notification procedures of 
     the Committees on Appropriations:  Provided further, That of 
     the funds appropriated under this heading for general costs 
     of administering military assistance and sales, not to exceed 
     $4,000 may be available for entertainment expenses and not to 
     exceed $130,000 may be available for representation 
     allowances:  Provided further, That not more than 
     $836,900,000 of funds realized pursuant to section 
     21(e)(1)(A) of the Arms Export Control Act may be obligated 
     for expenses incurred by the Department of Defense during 
     fiscal year 2012 pursuant to section 43(b) of the Arms Export 
     Control Act, except that this limitation may be exceeded only 
     through the regular notification procedures of the Committees 
     on Appropriations:  Provided further, That, with respect to 
     the previous proviso, up to $100,000,000 of such funds may be 
     transferred to the Special Defense Acquisition Fund pursuant 
     to section 51 of the Arms Export Control Act.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                international organizations and programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $352,950,000:  Provided, That 
     section 307(a) of the Foreign Assistance Act of 1961 shall 
     not apply to contributions to the United Nations Democracy 
     Fund.

                  international financial institutions

                      global environment facility

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Global Environment 
     Facility by the Secretary of the Treasury, $120,000,000, to 
     remain available until expended.

     contribution to the international bank for reconstruction and 
                              development

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

              limitation on callable capital subscriptions

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

       contribution to the international development association

       For payment to the International Development Association by 
     the Secretary of the Treasury, $1,355,000,000, to remain 
     available until expended.
       For payment to the International Development Association by 
     the Secretary of the Treasury for costs incurred under the 
     Multilateral Debt Relief Initiative, $167,000,000, to remain 
     available until expended.

               contribution to the clean technology fund

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Clean Technology Fund by 
     the Secretary of the Treasury, $350,000,000, to remain 
     available until expended.

               contribution to the strategic climate fund

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Strategic Climate Fund by 
     the Secretary of the Treasury, $100,000,000, to remain 
     available until expended.

              global agriculture and food security program

       For payment to the Global Agriculture and Food Security 
     Program by the Secretary of the Treasury, $200,000,000, to 
     remain available until expended.

          contribution to the inter-american development bank

       For payment to the Inter-American Development Bank by the 
     Secretary of the Treasury for the United States share of the 
     paid-in portion of the increase in capital stock, 
     $25,000,000, to remain available until expended.
       For payment to the Inter-American Investment Corporation by 
     the Secretary of the Treasury, $4,670,000, to remain 
     available until expended.

              limitation on callable capital subscriptions

       The United States Governor of the Inter-American 
     Development Bank may subscribe without fiscal year limitation 
     to the callable capital portion of the United States share of 
     such capital stock in an amount not to exceed $4,098,794,833.

contribution to the enterprise for the americas multilateral investment 
                                  fund

       For payment to the Enterprise for the Americas Multilateral 
     Investment Fund by the Secretary of the Treasury, 
     $25,000,000, to remain available until expended.

               contribution to the asian development bank

       For payment to the Asian Development Bank by the Secretary 
     of the Treasury for the United States share of the paid-in 
     portion of increase in capital stock, $106,586,000, to remain 
     available until expended.

              limitation on callable capital subscriptions

       The United States Governor of the Asian Development Bank 
     may subscribe without fiscal year limitation to the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $2,558,048,769.

               contribution to the asian development fund

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

              contribution to the african development bank

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

              limitation on callable capital subscriptions

       The United States Governor of the African Development Bank 
     may subscribe without fiscal year limitation to the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $507,860,808.

              contribution to the african development fund

       For payment to the African Development Fund by the 
     Secretary of the Treasury,

[[Page 17486]]

     $125,000,000, to remain available until expended.
       For payment to the African Development Fund by the 
     Secretary of the Treasury for costs incurred under the 
     Multilateral Debt Relief Initiative, $7,500,000, to remain 
     available until expended.

            european bank for reconstruction and development

              limitation on callable capital subscriptions

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

  contribution to the international fund for agricultural development

       For payment to the International Fund for Agricultural 
     Development by the Secretary of the Treasury, $30,000,000, to 
     remain available until expended.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

                           inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $4,000,000, to remain available until 
     September 30, 2013.

                            program account

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation:  Provided, That 
     none of the funds available during the current fiscal year 
     may be used to make expenditures, contracts, or commitments 
     for the export of nuclear equipment, fuel, or technology to 
     any country, other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act, that has detonated a nuclear explosive after 
     the date of the enactment of this Act:  Provided further, 
     That the use of the aggregate loan, guarantee, and insurance 
     authority available to the Export-Import Bank during the 
     current fiscal year should not result in greenhouse gas 
     emissions from the extraction or production of fossil fuels 
     and the use of fossil fuels in electricity generation 
     exceeding the total amount of such emissions resulting from 
     the use of such authority during fiscal year 2010, unless not 
     less than 15 days prior to the use of such authority the 
     Export-Import Bank provides written notification to the 
     Committees on Appropriations that the use of such authority 
     would result in greenhouse gas emissions exceeding such 
     amount and indicating the amount of the increase, and posts 
     such notification on the Bank's Web site:  Provided further, 
     That not less than 10 percent of such aggregate should be 
     used for renewable energy technology and end-use energy 
     efficiency technologies:  Provided further, That 
     notwithstanding section 1(c) of Public Law 103-428, as 
     amended, sections 1(a) and (b) of Public Law 103-428 shall 
     remain in effect through October 1, 2012:  Provided further, 
     That notwithstanding the dates specified in section 7 of the 
     Export-Import Bank Act of 1945 (12 U.S.C. 6350 and section 
     1(c) of Public Law 103-428), the Export-Import Bank of the 
     United States shall continue to exercise its functions in 
     connection with and in furtherance of its objects and 
     purposes through September 30, 2012.

                         subsidy appropriation

       For the cost of direct loans, loan guarantees, insurance, 
     and tied-aid grants as authorized by section 10 of the 
     Export-Import Bank Act of 1945, as amended, not to exceed 
     $58,000,000:  Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974:  Provided further, 
     That such funds shall remain available until September 30, 
     2027, for the disbursement of direct loans, loan guarantees, 
     insurance and tied-aid grants obligated in fiscal years 2012, 
     2013, 2014, and 2015:  Provided further, That none of the 
     funds appropriated by this Act or any prior Acts 
     appropriating funds for the Department of State, foreign 
     operations, and related programs for tied-aid credits or 
     grants may be used for any other purpose except through the 
     regular notification procedures of the Committees on 
     Appropriations.

                        administrative expenses

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs, including hire of 
     passenger motor vehicles and services as authorized by 5 
     U.S.C. 3109, and not to exceed $30,000 for official reception 
     and representation expenses for members of the Board of 
     Directors, not to exceed $89,900,000:  Provided, That the 
     Export-Import Bank may accept, and use, payment or services 
     provided by transaction participants for legal, financial, or 
     technical services in connection with any transaction for 
     which an application for a loan, guarantee or insurance 
     commitment has been made:  Provided further, That 
     notwithstanding subsection (b) of section 117 of the Export 
     Enhancement Act of 1992, subsection (a) thereof shall remain 
     in effect until October 1, 2012:  Provided further, That the 
     Export-Import Bank shall charge fees for necessary expenses 
     (including special services performed on a contract or fee 
     basis, but not including other personal services) in 
     connection with the collection of moneys owed the Export-
     Import Bank, repossession or sale of pledged collateral or 
     other assets acquired by the Export-Import Bank in 
     satisfaction of moneys owed the Export-Import Bank, or the 
     investigation or appraisal of any property, or the evaluation 
     of the legal, financial, or technical aspects of any 
     transaction for which an application for a loan, guarantee or 
     insurance commitment has been made:  Provided further, That, 
     in addition to other funds appropriated for administrative 
     expenses, such fees shall be credited to this account, to 
     remain available until expended.

                           receipts collected

       Receipts collected pursuant to the Export-Import Bank Act 
     of 1945, as amended, and the Federal Credit Reform Act of 
     1990, as amended, in an amount not to exceed the amount 
     appropriated herein, shall be credited as offsetting 
     collections to this account:  Provided, That the sums herein 
     appropriated from the General Fund shall be reduced on a 
     dollar-for-dollar basis by such offsetting collections so as 
     to result in a final fiscal year appropriation from the 
     General Fund estimated at $0:  Provided further, That amounts 
     collected in fiscal year 2012 in excess of obligations, up to 
     $50,000,000, shall become available on September 1, 2012 and 
     shall remain available until September 30, 2015.

                Overseas Private Investment Corporation

                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the limits of funds available to it and in accordance 
     with law as may be necessary:  Provided, That the amount 
     available for administrative expenses to carry out the credit 
     and insurance programs (including an amount for official 
     reception and representation expenses which shall not exceed 
     $35,000) shall not exceed $54,990,000:  Provided further, 
     That project-specific transaction costs, including direct and 
     indirect costs incurred in claims settlements, and other 
     direct costs associated with services provided to specific 
     investors or potential investors pursuant to section 234 of 
     the Foreign Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.

                            program account

       For the cost of direct and guaranteed loans, $29,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961, to be derived by transfer from the Overseas Private 
     Investment Corporation Noncredit Account:  Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974:  Provided further, That such sums shall be available 
     for direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 2012, 2013, and 2014:  
     Provided further, That funds so obligated in fiscal year 2012 
     remain available for disbursement through 2020; funds 
     obligated in fiscal year 2013 remain available for 
     disbursement through 2021; and funds obligated in fiscal year 
     2014 remain available for disbursement through 2022:  
     Provided further, That notwithstanding any other provision of 
     law, the Overseas Private Investment Corporation is 
     authorized to undertake any program authorized by title IV of 
     chapter 2 of part I of the Foreign Assistance Act of 1961 in 
     Iraq:  Provided further, That funds made available pursuant 
     to the authority of the previous proviso shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.
       In addition, such sums as may be necessary for 
     administrative expenses to carry out the credit program may 
     be derived from amounts available for administrative expenses 
     to carry out the credit and insurance programs in the 
     Overseas Private Investment Corporation Noncredit Account and 
     merged with said account.

                      trade and development agency

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $50,000,000, to remain available until September 30, 2013:  
     Provided, That of the funds appropriated under this heading, 
     not more than $4,000 may be available for representation and 
     entertainment allowances.

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

       Sec. 7001.  Funds appropriated under title I of this Act 
     shall be available, except as otherwise provided, for 
     allowances and differentials as authorized by subchapter 59 
     of title 5, United States Code; for services as authorized by 
     5 U.S.C. 3109; and for hire of passenger transportation 
     pursuant to 31 U.S.C. 1343(b).

                      unobligated balances report

       Sec. 7002.  Any department or agency of the United States 
     Government to which funds

[[Page 17487]]

     are appropriated or otherwise made available by this Act 
     shall provide to the Committees on Appropriations a quarterly 
     accounting of cumulative unobligated balances and obligated, 
     but unexpended, balances by program, project, and activity, 
     and Treasury Account Fund Symbol of all expired and unexpired 
     funds received by such department or agency in fiscal year 
     2012 or any previous fiscal year:  Provided, That for the 
     purposes of this section, obligated balances shall not 
     include obligations made through bilateral agreements unless 
     further sub-obligated.

                          consulting services

       Sec. 7003.  The expenditure of any appropriation under 
     title I of this Act for any consulting service through 
     procurement contract, pursuant to 5 U.S.C. 3109, shall be 
     limited to those contracts where such expenditures are a 
     matter of public record and available for public inspection, 
     except where otherwise provided under existing law, or under 
     existing Executive order issued pursuant to existing law.

                          embassy construction

       Sec. 7004. (a) Of funds provided under title I of this Act, 
     except as provided in subsection (b), a project to construct 
     a diplomatic facility of the United States may not include 
     office space or other accommodations for an employee of a 
     Federal agency or department if the Secretary of State 
     determines that such department or agency has not provided to 
     the Department of State the full amount of funding required 
     by subsection (e) of section 604 of the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (as enacted 
     into law by section 1000(a)(7) of Public Law 106-113 and 
     contained in appendix G of that Act; 113 Stat. 1501A-453), as 
     amended by section 629 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2005.
       (b) Notwithstanding the prohibition in subsection (a), a 
     project to construct a diplomatic facility of the United 
     States may include office space or other accommodations for 
     members of the United States Marine Corps.
       (c) For the purposes of calculating the fiscal year 2012 
     costs of providing new United States diplomatic facilities in 
     accordance with section 604(e) of the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 
     note), the Secretary of State, in consultation with the 
     Director of the Office of Management and Budget, shall 
     determine the annual program level and agency shares in a 
     manner that is proportional to the Department of State's 
     contribution for this purpose.
       (d) Funds appropriated by this Act, and any prior Act 
     making appropriations for the Department of State, foreign 
     operations, and related programs, which may be made available 
     for the acquisition of property for diplomatic facilities in 
     Afghanistan, Pakistan, and Iraq, shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations.
       (e) Section 604(e)(1) of the Secure Embassy Construction 
     and Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is 
     amended by striking ``providing new,'' and inserting in its 
     place ``providing, maintaining, repairing, and renovating''.

                           personnel actions

       Sec. 7005.  Any costs incurred by a department or agency 
     funded under title I of this Act resulting from personnel 
     actions taken in response to funding reductions included in 
     this Act shall be absorbed within the total budgetary 
     resources available under title I to such department or 
     agency:  Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act:  Provided further, That use 
     of funds to carry out this section shall be treated as a 
     reprogramming of funds under section 7015 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                         local guard contracts

       Sec. 7006.  In evaluating proposals for local guard 
     contracts, the Secretary of State shall award contracts in 
     accordance with section 136 of the Foreign Relations 
     Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
     4864), except that the Secretary may grant authorization to 
     award such contracts on the basis of best value as determined 
     by a cost-technical tradeoff analysis (as described in 
     Federal Acquisition Regulation part 15.101) in Iraq, 
     Afghanistan, and Pakistan, notwithstanding subsection (c)(3) 
     of such section:  Provided, That the authority in this 
     section shall apply to any options for renewal that may be 
     exercised under such contracts that are awarded during the 
     current fiscal year:  Provided further, That prior to issuing 
     a solicitation for a contract to be awarded pursuant to the 
     authority under this section, the Secretary of State shall 
     consult with the Committees on Appropriations.

        prohibition against direct funding for certain countries

       Sec. 7007.  None of the funds appropriated or otherwise 
     made available pursuant to titles III through VI of this Act 
     shall be obligated or expended to finance directly any 
     assistance or reparations for the governments of Cuba, North 
     Korea, Iran, or Syria:  Provided, That for purposes of this 
     section, the prohibition on obligations or expenditures shall 
     include direct loans, credits, insurance and guarantees of 
     the Export-Import Bank or its agents.

                              coups d'etat

       Sec. 7008.  None of the funds appropriated or otherwise 
     made available pursuant to titles III through VI of this Act 
     shall be obligated or expended to finance directly any 
     assistance to the government of any country whose duly 
     elected head of government is deposed by military coup d'etat 
     or decree, or a coup d'etat or decree that is supported by 
     the military:  Provided, That assistance may be resumed to 
     such government if the President determines and certifies to 
     the Committees on Appropriations that subsequent to the 
     termination of assistance a democratically elected government 
     has taken office:  Provided further, That the provisions of 
     this section shall not apply to assistance to promote 
     democratic elections or public participation in democratic 
     processes:  Provided further, That funds made available 
     pursuant to the previous provisos shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.

                           transfer authority

       Sec. 7009. (a) Department of State and Broadcasting Board 
     of Governors.--
       (1) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State under title I of this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers.
       (2) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Broadcasting 
     Board of Governors under title I of this Act may be 
     transferred between such appropriations, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than 10 percent by any such 
     transfers.
       (3) Any transfer pursuant to this section shall be treated 
     as a reprogramming of funds under section 7015(a) and (b) of 
     this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       (b) Export Financing Transfer Authorities.--Not to exceed 5 
     percent of any appropriation other than for administrative 
     expenses made available for fiscal year 2012, for programs 
     under title VI of this Act may be transferred between such 
     appropriations for use for any of the purposes, programs, and 
     activities for which the funds in such receiving account may 
     be used, but no such appropriation, except as otherwise 
     specifically provided, shall be increased by more than 25 
     percent by any such transfer:  Provided, That the exercise of 
     such authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c) Limitation on Transfers Between Agencies.--
       (1) None of the funds made available under titles II 
     through V of this Act may be transferred to any department, 
     agency, or instrumentality of the United States Government, 
     except pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       (2) Notwithstanding paragraph (1), in addition to transfers 
     made by, or authorized elsewhere in, this Act, funds 
     appropriated by this Act to carry out the purposes of the 
     Foreign Assistance Act of 1961 may be allocated or 
     transferred to agencies of the United States Government 
     pursuant to the provisions of sections 109, 610, and 632 of 
     the Foreign Assistance Act of 1961.
       (3) Any agreement entered into by the United States Agency 
     for International Development (USAID) or the Department of 
     State with any department, agency, or instrumentality of the 
     United States Government pursuant to section 632(b) of the 
     Foreign Assistance Act of 1961 valued in excess of $1,000,000 
     and any agreement made pursuant to section 632(a) of such 
     Act, with funds appropriated by this Act and prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs under the headings ``Global 
     Health Programs'', ``Development Assistance'', and ``Economic 
     Support Fund'' shall be subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided, 
     That the requirement in the previous sentence shall not apply 
     to agreements entered into between USAID and the Department 
     of State.
       (d) Transfers Between Accounts.--None of the funds made 
     available under titles II through V of this Act may be 
     obligated under an appropriation account to which they were 
     not appropriated, except for transfers specifically provided 
     for in this Act, unless the President, not less than 5 days 
     prior to the exercise of any authority contained in the 
     Foreign Assistance Act of 1961 to transfer funds, consults 
     with and provides a written policy justification to the 
     Committees on Appropriations.
       (e) Audit of Inter-agency Transfers.--Any agreement for the 
     transfer or allocation of funds appropriated by this Act, or 
     prior Acts, entered into between the Department of State or 
     USAID and another agency of the

[[Page 17488]]

     United States Government under the authority of section 
     632(a) of the Foreign Assistance Act of 1961 or any 
     comparable provision of law, shall expressly provide that the 
     Inspector General (IG) for the agency receiving the transfer 
     or allocation of such funds, or other entity with audit 
     responsibility if the receiving agency does not have an IG, 
     shall perform periodic program and financial audits of the 
     use of such funds:  Provided, That funds transferred under 
     such authority may be made available for the cost of such 
     audits.

                         reporting requirement

       Sec. 7010.  The Secretary of State shall provide the 
     Committees on Appropriations, not later than April 1, 2012, 
     and for each fiscal quarter, a report in writing on the uses 
     of funds made available under the headings ``Foreign Military 
     Financing Program'', ``International Military Education and 
     Training'', ``Peacekeeping Operations'', and ``Pakistan 
     Counter-Insurgency Fund'':  Provided, That such report shall 
     include a description of the obligation and expenditure of 
     funds, and the specific country in receipt of, and the use or 
     purpose of the assistance provided by such funds.

                         availability of funds

       Sec. 7011.  No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act:  Provided, That funds appropriated for 
     the purposes of chapters 1, 8, 11, and 12 of part I, section 
     661, section 667, chapters 4, 5, 6, 8, and 9 of part II of 
     the Foreign Assistance Act of 1961, section 23 of the Arms 
     Export Control Act, and funds provided under the headings 
     ``Assistance for Europe, Eurasia and Central Asia'' and 
     ``Development Credit Authority'', shall remain available for 
     an additional 4 years from the date on which the availability 
     of such funds would otherwise have expired, if such funds are 
     initially obligated before the expiration of their respective 
     periods of availability contained in this Act:  Provided 
     further, That notwithstanding any other provision of this 
     Act, any funds made available for the purposes of chapter 1 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961 which are allocated or obligated for cash 
     disbursements in order to address balance of payments or 
     economic policy reform objectives, shall remain available for 
     an additional 4 years from the date on which the availability 
     of such funds would otherwise have expired, if such funds are 
     initially allocated or obligated before the expiration of 
     their respective periods of availability contained in this 
     Act.

            limitation on assistance to countries in default

       Sec. 7012.  No part of any appropriation provided under 
     titles III through VI in this Act shall be used to furnish 
     assistance to the government of any country which is in 
     default during a period in excess of one calendar year in 
     payment to the United States of principal or interest on any 
     loan made to the government of such country by the United 
     States pursuant to a program for which funds are appropriated 
     under this Act unless the President determines, following 
     consultations with the Committees on Appropriations, that 
     assistance for such country is in the national interest of 
     the United States.

          prohibition on taxation of united states assistance

       Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     made available to provide assistance for a foreign country 
     under a new bilateral agreement governing the terms and 
     conditions under which such assistance is to be provided 
     unless such agreement includes a provision stating that 
     assistance provided by the United States shall be exempt from 
     taxation, or reimbursed, by the foreign government, and the 
     Secretary of State shall expeditiously seek to negotiate 
     amendments to existing bilateral agreements, as necessary, to 
     conform with this requirement.
       (b) Reimbursement of Foreign Taxes.--An amount equivalent 
     to 200 percent of the total taxes assessed during fiscal year 
     2011 on funds appropriated by this Act by a foreign 
     government or entity against commodities financed under 
     United States assistance programs for which funds are 
     appropriated by this Act, either directly or through 
     grantees, contractors and subcontractors shall be withheld 
     from obligation from funds appropriated for assistance for 
     fiscal year 2012 and allocated for the central government of 
     such country and for the West Bank and Gaza program to the 
     extent that the Secretary of State certifies and reports in 
     writing to the Committees on Appropriations that such taxes 
     have not been reimbursed to the Government of the United 
     States.
       (c) De Minimis Exception.--Foreign taxes of a de minimis 
     nature shall not be subject to the provisions of subsection 
     (b).
       (d) Reprogramming of Funds.--Funds withheld from obligation 
     for each country or entity pursuant to subsection (b) shall 
     be reprogrammed for assistance to countries which do not 
     assess taxes on United States assistance or which have an 
     effective arrangement that is providing substantial 
     reimbursement of such taxes.
       (e) Determinations.--
       (1) The provisions of this section shall not apply to any 
     country or entity the Secretary of State determines--
       (A) does not assess taxes on United States assistance or 
     which has an effective arrangement that is providing 
     substantial reimbursement of such taxes; or
       (B) the foreign policy interests of the United States 
     outweigh the purpose of this section to ensure that United 
     States assistance is not subject to taxation.
       (2) The Secretary of State shall consult with the 
     Committees on Appropriations at least 15 days prior to 
     exercising the authority of this subsection with regard to 
     any country or entity.
       (f) Implementation.--The Secretary of State shall issue 
     rules, regulations, or policy guidance, as appropriate, to 
     implement the prohibition against the taxation of assistance 
     contained in this section.
       (g) Definitions.--As used in this section--
       (1) the terms ``taxes'' and ``taxation'' refer to value 
     added taxes and customs duties imposed on commodities 
     financed with United States assistance for programs for which 
     funds are appropriated by this Act; and
       (2) the term ``bilateral agreement'' refers to a framework 
     bilateral agreement between the Government of the United 
     States and the government of the country receiving assistance 
     that describes the privileges and immunities applicable to 
     United States foreign assistance for such country generally, 
     or an individual agreement between the Government of the 
     United States and such government that describes, among other 
     things, the treatment for tax purposes that will be accorded 
     the United States assistance provided under that agreement.

                         reservations of funds

       Sec. 7014. (a) Funds appropriated under titles II through 
     VI of this Act which are specifically designated may be 
     reprogrammed for other programs within the same account 
     notwithstanding the designation if compliance with the 
     designation is made impossible by operation of any provision 
     of this or any other Act:  Provided, That any such 
     reprogramming shall be subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That assistance that is reprogrammed pursuant to 
     this subsection shall be made available under the same terms 
     and conditions as originally provided.
       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the United 
     States Agency for International Development (USAID) that are 
     specifically designated for particular programs or activities 
     by this or any other Act shall be extended for an additional 
     fiscal year if the USAID Administrator determines and reports 
     promptly to the Committees on Appropriations that the 
     termination of assistance to a country or a significant 
     change in circumstances makes it unlikely that such 
     designated funds can be obligated during the original period 
     of availability:  Provided, That such designated funds that 
     continue to be available for an additional fiscal year shall 
     be obligated only for the purpose of such designation.
       (c) Ceilings and specifically designated funding levels 
     contained in this Act shall not be applicable to funds or 
     authorities appropriated or otherwise made available by any 
     subsequent Act unless such Act specifically so directs:  
     Provided, That specifically designated funding levels or 
     minimum funding requirements contained in any other Act shall 
     not be applicable to funds appropriated by this Act.

                reprogramming notification requirements

       Sec. 7015. (a) None of the funds made available in title I 
     of this Act, or in prior appropriations Acts to the agencies 
     and departments funded by this Act that remain available for 
     obligation or expenditure in fiscal year 2012, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees or of currency reflows or 
     other offsetting collections, or made available by transfer, 
     to the agencies and departments funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that:
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) closes or opens a mission or post;
       (6) creates, reorganizes, or renames bureaus, centers, or 
     offices;
       (7) reorganizes programs or activities; or
       (8) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; unless the 
     Committees on Appropriations are notified 15 days in advance 
     of such reprogramming of funds.
       (b) None of the funds provided under title I of this Act, 
     or provided under previous appropriations Acts to the agency 
     or department funded under title I of this Act that remain 
     available for obligation or expenditure in fiscal year 2012, 
     or provided from any accounts in the Treasury of the United 
     States derived by the collection of fees available to the 
     agency or department funded under title

[[Page 17489]]

     I of this Act, shall be available for obligation or 
     expenditure for activities, programs, or projects through a 
     reprogramming of funds in excess of $1,000,000 or 10 percent, 
     whichever is less, that:
       (1) augments existing programs, projects, or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, activities, or projects as approved by 
     Congress; unless the Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds.
       (c) None of the funds made available under titles II 
     through VI and VIII in this Act under the headings ``Global 
     Health Programs'', ``Development Assistance'', 
     ``International Organizations and Programs'', ``Trade and 
     Development Agency'', ``International Narcotics Control and 
     Law Enforcement'', ``Assistance for Europe, Eurasia and 
     Central Asia'', ``Economic Support Fund'', ``Democracy 
     Fund'', ``Peacekeeping Operations'', ``Capital Investment 
     Fund'', ``Operating Expenses'', ``Conflict Stabilization 
     Operations'', ``Office of Inspector General'', 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'', ``Millennium Challenge Corporation'', ``Global 
     Security Contingency Fund'', ``Foreign Military Financing 
     Program'', ``International Military Education and Training'', 
     ``Pakistan Counter-Insurgency Capability Fund'', and ``Peace 
     Corps'', shall be available for obligation for activities, 
     programs, projects, type of materiel assistance, countries, 
     or other operations not justified or in excess of the amount 
     justified to the Committees on Appropriations for obligation 
     under any of these specific headings unless the Committees on 
     Appropriations are notified 15 days in advance:  Provided, 
     That the President shall not enter into any commitment of 
     funds appropriated for the purposes of section 23 of the Arms 
     Export Control Act for the provision of major defense 
     equipment, other than conventional ammunition, or other major 
     defense items defined to be aircraft, ships, missiles, or 
     combat vehicles, not previously justified to Congress or 20 
     percent in excess of the quantities justified to Congress 
     unless the Committees on Appropriations are notified 15 days 
     in advance of such commitment:  Provided further, That 
     requirements of this subsection or any similar provision of 
     this or any other Act shall not apply to any reprogramming 
     for an activity, program, or project for which funds are 
     appropriated under titles II through IV of this Act of less 
     than 10 percent of the amount previously justified to the 
     Congress for obligation for such activity, program, or 
     project for the current fiscal year.
       (d) Notwithstanding any other provision of law, with the 
     exception of funds transferred to, and merged with, funds 
     appropriated under title I of this Act, funds transferred by 
     the Department of Defense to the Department of State and the 
     United States Agency for International Development for 
     assistance for foreign countries and international 
     organizations, and funds made available for programs 
     authorized by section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163), 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (e) The requirements of this section or any similar 
     provision of this Act or any other Act, including any prior 
     Act requiring notification in accordance with the regular 
     notification procedures of the Committees on Appropriations, 
     may be waived if failure to do so would pose a substantial 
     risk to human health or welfare:  Provided, That in case of 
     any such waiver, notification to the Committees on 
     Appropriations shall be provided as early as practicable, but 
     in no event later than 3 days after taking the action to 
     which such notification requirement was applicable, in the 
     context of the circumstances necessitating such waiver:  
     Provided further, That any notification provided pursuant to 
     such a waiver shall contain an explanation of the emergency 
     circumstances.
       (f) None of the funds appropriated under titles III through 
     VI and VIII of this Act shall be obligated or expended for 
     assistance for Serbia, Sudan, South Sudan, Zimbabwe, 
     Afghanistan, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, 
     Nepal, Colombia, Burma, Yemen, Mexico, Kazakhstan, 
     Uzbekistan, Somalia, Sri Lanka, or Cambodia except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.

                notification on excess defense equipment

       Sec. 7016.  Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as other committees pursuant to 
     subsection (f) of that section:  Provided, That before 
     issuing a letter of offer to sell excess defense articles 
     under the Arms Export Control Act, the Department of Defense 
     shall notify the Committees on Appropriations in accordance 
     with the regular notification procedures of such Committees 
     if such defense articles are significant military equipment 
     (as defined in section 47(9) of the Arms Export Control Act) 
     or are valued (in terms of original acquisition cost) at 
     $7,000,000 or more, or if notification is required elsewhere 
     in this Act for the use of appropriated funds for specific 
     countries that would receive such excess defense articles:  
     Provided further, That such Committees shall also be informed 
     of the original acquisition cost of such defense articles.

limitation on availability of funds for international organizations and 
                                programs

       Sec. 7017.  Subject to the regular notification procedures 
     of the Committees on Appropriations, funds appropriated under 
     titles III through VI of this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, which are returned or not 
     made available for organizations and programs because of the 
     implementation of section 307(a) of the Foreign Assistance 
     Act of 1961, shall remain available for obligation until 
     September 30, 2013.

   prohibition on funding for abortions and involuntary sterilization

       Sec. 7018.  None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be obligated or expended for any country or organization if 
     the President certifies that the use of such funds by any 
     such country or organization would violate any provisions 
     related to abortions and involuntary sterilizations in 
     section 104(f)(1), (2), and (3) of such Act.

                              allocations

       Sec. 7019. (a) Funds provided in this Act shall be made 
     available for programs and countries in the amounts contained 
     in the respective tables included in the report accompanying 
     this Act.
       (b) For the purposes of implementing this section and only 
     with respect to the tables included in the report 
     accompanying this Act, the Secretary of State, the 
     Administrator of the United States Agency for International 
     Development and the Broadcasting Board of Governors, as 
     appropriate, may propose deviations to the amounts referenced 
     in subsection (a), subject to the regular notification 
     procedures of the Committees on Appropriations.

               prohibition of payment of certain expenses

       Sec. 7020.  None of the funds appropriated or otherwise 
     made available by this Act under the headings ``International 
     Military Education and Training'' or ``Foreign Military 
     Financing Program'' for Informational Program activities or 
     under the headings ``Global Health Programs'', ``Development 
     Assistance'', and ``Economic Support Fund'' may be obligated 
     or expended to pay for--
       (1) alcoholic beverages; or
       (2) entertainment expenses for activities that are 
     substantially of a recreational character, including but not 
     limited to entrance fees at sporting events, theatrical and 
     musical productions, and amusement parks.

   prohibition on assistance to governments supporting international 
                               terrorism

       Sec. 7021. (a) Lethal Military Equipment Exports.--
       (1) None of the funds appropriated or otherwise made 
     available by titles III through VI of this Act may be 
     available to any foreign government which provides lethal 
     military equipment to a country the government of which the 
     Secretary of State has determined supports international 
     terrorism for purposes of section 6(j) of the Export 
     Administration Act of 1979:  Provided, That the prohibition 
     under this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment:  Provided further, That this section 
     applies with respect to lethal military equipment provided 
     under a contract entered into after October 1, 1997.
       (2) Assistance restricted by paragraph (1) or any other 
     similar provision of law, may be furnished if the President 
     determines that to do so is important to the national 
     interests of the United States.
       (3) Whenever the President makes a determination pursuant 
     to paragraph (2), the President shall submit to the 
     Committees on Appropriations a report with respect to the 
     furnishing of such assistance, including a detailed 
     explanation of the assistance to be provided, the estimated 
     dollar amount of such assistance, and an explanation of how 
     the assistance furthers United States national interests.
       (b) Bilateral Assistance.--
       (1) Funds appropriated for bilateral assistance in titles 
     III through VI of this Act and funds appropriated under any 
     such title in prior acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs, shall not be made available to any foreign 
     government which the President determines--
       (A) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism; 
     or
       (B) otherwise supports international terrorism.
       (2) The President may waive the application of paragraph 
     (1) to a government if the President determines that national 
     security or humanitarian reasons justify such waiver:

[[Page 17490]]

      Provided, That the President shall publish each such waiver 
     in the Federal Register and, at least 15 days before the 
     waiver takes effect, shall notify the Committees on 
     Appropriations of the waiver (including the justification for 
     the waiver) in accordance with the regular notification 
     procedures of the Committees on Appropriations.

                       authorization requirements

       Sec. 7022.  Funds appropriated by this Act, except funds 
     appropriated under the heading ``Trade and Development 
     Agency'', may be obligated and expended notwithstanding 
     section 10 of Public Law 91-672, section 15 of the State 
     Department Basic Authorities Act of 1956, section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (Public Law 103-236), and section 504(a)(1) of the 
     National Security Act of 1947 (50 U.S.C. 414(a)(1)).

              definition of program, project, and activity

       Sec. 7023.  For the purpose of titles II through VI of this 
     Act ``program, project, and activity'' shall be defined at 
     the appropriations Act account level and shall include all 
     appropriations and authorizations Acts funding directives, 
     ceilings, and limitations with the exception that for the 
     following accounts: ``Economic Support Fund'' and ``Foreign 
     Military Financing Program'', ``program, project, and 
     activity'' shall also be considered to include country, 
     regional, and central program level funding within each such 
     account; for the development assistance accounts of the 
     United States Agency for International Development ``program, 
     project, and activity'' shall also be considered to include 
     central, country, regional, and program level funding, either 
     as:
       (1) justified to the Congress; or
       (2) allocated by the executive branch in accordance with a 
     report, to be provided to the Committees on Appropriations 
     within 30 days of the enactment of this Act, as required by 
     section 653(a) of the Foreign Assistance Act of 1961.

authorities for the peace corps, inter-american foundation and african 
                         development foundation

       Sec. 7024.  Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for the Department of State, foreign operations, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act or the African Development 
     Foundation Act:  Provided, That the agency shall promptly 
     report to the Committees on Appropriations whenever it is 
     conducting activities or is proposing to conduct activities 
     in a country for which assistance is prohibited.

                commerce, trade and surplus commodities

       Sec. 7025. (a) None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act for 
     direct assistance and none of the funds otherwise made 
     available to the Export-Import Bank and the Overseas Private 
     Investment Corporation shall be obligated or expended to 
     finance any loan, any assistance or any other financial 
     commitments for establishing or expanding production of any 
     commodity for export by any country other than the United 
     States, if the commodity is likely to be in surplus on world 
     markets at the time the resulting productive capacity is 
     expected to become operative and if the assistance will cause 
     substantial injury to United States producers of the same, 
     similar, or competing commodity:  Provided, That such 
     prohibition shall not apply to the Export-Import Bank if in 
     the judgment of its Board of Directors the benefits to 
     industry and employment in the United States are likely to 
     outweigh the injury to United States producers of the same, 
     similar, or competing commodity, and the Chairman of the 
     Board so notifies the Committees on Appropriations:  Provided 
     further, That this subsection shall not prohibit--
       (1) activities in a country that is eligible for assistance 
     from the International Development Association, is not 
     eligible for assistance from the International Bank for 
     Reconstruction and Development, and does not export on a 
     consistent basis the agricultural commodity with respect to 
     which assistance is furnished; or
       (2) activities in a country the President determines is 
     recovering from widespread conflict, a humanitarian crisis, 
     or a complex emergency.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States:  Provided, That this subsection shall not prohibit--
       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact on the export of agricultural commodities 
     of the United States;
       (2) research activities intended primarily to benefit 
     American producers;
       (3) activities in a country that is eligible for assistance 
     from the International Development Association, is not 
     eligible for assistance from the International Bank for 
     Reconstruction and Development, and does not export on a 
     consistent basis the agricultural commodity with respect to 
     which assistance is furnished; or
       (4) activities in a country the President determines is 
     recovering from widespread conflict, a humanitarian crisis, 
     or a complex emergency.

                           separate accounts

       Sec. 7026. (a) Separate Accounts for Local Currencies.--
       (1) If assistance is furnished to the government of a 
     foreign country under chapters 1 and 10 of part I or chapter 
     4 of part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development (USAID) shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of USAID and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of local currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961 (as the case 
     may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming accountability.--USAID shall take all 
     necessary steps to ensure that the equivalent of the local 
     currencies disbursed pursuant to subsection (a)(2)(A) from 
     the separate account established pursuant to subsection 
     (a)(1) are used for the purposes agreed upon pursuant to 
     subsection (a)(2).
       (4) Termination of assistance programs.--Upon termination 
     of assistance to a country under chapter 1 or 10 of part I or 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     (as the case may be), any unencumbered balances of funds 
     which remain in a separate account established pursuant to 
     subsection (a) shall be disposed of for such purposes as may 
     be agreed to by the government of that country and the United 
     States Government.
       (5) Reporting requirement.--The USAID Administrator shall 
     report on an annual basis as part of the justification 
     documents submitted to the Committees on Appropriations on 
     the use of local currencies for the administrative 
     requirements of the United States Government as authorized in 
     subsection (a)(2)(B), and such report shall include the 
     amount of local currency (and United States dollar 
     equivalent) used and/or to be used for such purpose in each 
     applicable country.
       (b) Separate Accounts for Cash Transfers.--
       (1) If assistance is made available to the government of a 
     foreign country, under chapter 1 or 10 of part I or chapter 4 
     of part II of the Foreign Assistance Act of 1961, as cash 
     transfer assistance or as nonproject sector assistance, that 
     country shall be required to maintain such funds in a 
     separate account and not commingle them with any other funds.
       (2) Applicability of other provisions of law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (House Report No. 98-
     1159).
       (3) Notification.--At least 15 days prior to obligating any 
     such cash transfer or nonproject sector assistance, the 
     President shall submit a notification through the regular 
     notification procedures of the Committees on Appropriations, 
     which shall include a detailed description of how the funds 
     proposed to be made available will be used, with a discussion 
     of the United States interests that will be served by the 
     assistance (including, as appropriate, a description of the 
     economic policy reforms that will be promoted by such 
     assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of subsection (b)(1) only 
     through the regular notification procedures of the Committees 
     on Appropriations.

                       eligibility for assistance

       Sec. 7027. (a) Assistance Through Nongovernmental 
     Organizations.--Section 123 of the Foreign Assistance Act of 
     1961 (22

[[Page 17491]]

     U.S.C. 2151u) is amended by adding the following new 
     subsection at the end:
       ``(i)(1) Restrictions contained in this or any other Act 
     with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from--
       ``(A) funds made available to carry out this chapter and 
     chapters 10, 11, and 12 of part I and chapter 4 of part II; 
     or
       ``(B) funds made available for economic assistance 
     activities under the Support for East European Democracy 
     (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
       ``(2) The President shall submit to Congress, in accordance 
     with section 634A, advance notice of an intent to obligate 
     funds under the authority of this subsection to furnish 
     assistance in support of programs of nongovernmental 
     organizations.
       ``(3) This subsection shall not apply--
       ``(A) with respect to section 620A of this Act or any 
     comparable provision of law prohibiting assistance to 
     governments that support international terrorism; or
       ``(B) with respect to section 116 of this Act or any 
     comparable provision of law prohibiting assistance to the 
     government of a country that violates internationally 
     recognized human rights.
       ``(4) Nothing in this subsection shall be construed to 
     alter any existing statutory prohibitions against abortion or 
     involuntary sterilization contained in this or any other 
     Act.''.
       (b) Public Law 480.--During fiscal year 2012, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Food for Peace Act (Public Law 83-480, as amended): 
      Provided, That none of the funds appropriated to carry out 
     title I of such Act and made available pursuant to this 
     subsection may be obligated or expended except as provided 
     through the regular notification procedures of the Committees 
     on Appropriations.

                  impact on jobs in the united states

       Sec. 7028.  None of the funds appropriated under titles III 
     through VI of this Act may be obligated or expended to 
     provide--
       (1) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States; or
       (2) assistance for any program, project, or activity that 
     contributes to the violation of internationally recognized 
     workers rights, as defined in section 507(4) of the Trade Act 
     of 1974, of workers in the recipient country, including any 
     designated zone or area in that country:  Provided, That the 
     application of section 507(4)(D) and (E) of such Act should 
     be commensurate with the level of development of the 
     recipient country and sector, and shall not preclude 
     assistance for the informal sector in such country, micro and 
     small-scale enterprise, and smallholder agriculture.

                  international financial institutions

       Sec. 7029. (a) None of the funds appropriated under title V 
     of this Act may be made as payment to any international 
     financial institution while the United States executive 
     director to such institution is compensated by the 
     institution at a rate which, together with whatever 
     compensation such executive director receives from the United 
     States, is in excess of the rate provided for an individual 
     occupying a position at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, or while 
     any alternate United States executive director to such 
     institution is compensated by the institution at a rate in 
     excess of the rate provided for an individual occupying a 
     position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (b) Of the funds appropriated under title V of this Act 
     that are available for payments to international financial 
     institutions, 10 percent should not be obligated for any such 
     institution until the Secretary of the Treasury reports to 
     the Committees on Appropriations that the institution is 
     implementing effective practices to protect whistleblowers 
     (including the institution's employees and others affected by 
     the institution's operations) from retaliation for internal 
     and lawful public disclosures, including--
       (1) best practices for legal burdens of proof;
       (2) access to independent adjudicative bodies, including 
     external arbitration based on consensus selection and shared 
     costs;
       (3) results that eliminate the effects of proven 
     retaliation; and
       (4) a minimum of a 6-month statute of limitations for 
     reporting retaliation.
       (c) The Secretary of the Treasury shall instruct the United 
     States executive director of each international financial 
     institution to oppose any loan, grant, strategy or policy of 
     such institution that would require user fees or service 
     charges on poor people for primary education or primary 
     healthcare, including prevention, care and treatment for HIV/
     AIDS, malaria, tuberculosis, and infant, child, and maternal 
     health, in connection with such institution's financing 
     programs.
       (d) The Secretary of the Treasury shall instruct the United 
     States Executive Director of the International Monetary Fund 
     (the Fund) to use the voice and vote of the United States to 
     oppose any loan, project, agreement, memorandum, instrument, 
     plan, or other program of the Fund to a Heavily Indebted Poor 
     Country that imposes budget caps or restraints that do not 
     allow the maintenance of or an increase in governmental 
     spending on healthcare or education; and to promote 
     government spending on healthcare, education, agriculture and 
     food security, or other critical safety net programs in all 
     of the Fund's activities with respect to Heavily Indebted 
     Poor Countries.
       (e) The Secretary of the Treasury shall instruct the United 
     States executive directors of the international financial 
     institutions to use the voice and vote of the United States 
     to oppose any assistance by such institutions, using funds 
     appropriated or made available pursuant to titles III through 
     VI of this Act, for the production or extraction of any 
     commodity or mineral for export, if it is in surplus on world 
     markets and if the assistance will cause substantial injury 
     to United States producers of the same, similar, or competing 
     commodity.
       (f) For the purposes of this Act ``international financial 
     institutions'' shall mean the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Inter-American Development Bank, the International Monetary 
     Fund, the Asian Development Bank, the Asian Development Fund, 
     the Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank and the African 
     Development Fund.

                          debt-for-development

       Sec. 7030.  In order to enhance the continued participation 
     of nongovernmental organizations in debt-for-development and 
     debt-for-nature exchanges, a nongovernmental organization 
     which is a grantee or contractor of the United States Agency 
     for International Development may place in interest bearing 
     accounts local currencies which accrue to that organization 
     as a result of economic assistance provided under title III 
     of this Act and, subject to the regular notification 
     procedures of the Committees on Appropriations, any interest 
     earned on such investment shall be used for the purpose for 
     which the assistance was provided to that organization.

             authority to engage in debt buybacks or sales

       Sec. 7031. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section:  Provided, That such agency shall make adjustment in 
     its accounts to reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the

[[Page 17492]]

     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.

                           special provisions

       Sec. 7032. (a) Afghanistan, Pakistan, Iraq, Lebanon, 
     Victims of War, Displaced Children, and Displaced Burmese.--
     Funds appropriated under titles III through VI of this Act 
     that are made available for assistance for Afghanistan may be 
     made available notwithstanding section 7012 of this Act or 
     any similar provision of law and section 660 of the Foreign 
     Assistance Act of 1961, and funds appropriated under titles 
     III and VI of this Act that are made available for assistance 
     for Pakistan, Iraq, and Lebanon and for victims of war, 
     displaced children, displaced Burmese, and to assist victims 
     of trafficking in persons and, subject to the regular 
     notification procedures of the Committees on Appropriations, 
     to combat such trafficking, may be made available 
     notwithstanding any other provision of law except section 
     620M of the Foreign Assistance Act, as amended by this Act.
       (b) Waiver.--
       (1) The President may waive the provisions of section 1003 
     of Public Law 100-204 if the President determines and 
     certifies in writing to the President pro tempore of the 
     Senate, the Speaker of the House of Representatives, and the 
     Committees on Appropriations that it is important to the 
     national security interests of the United States.
       (2) Period of application of waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of 6 months at a time and shall not apply beyond 12 months 
     after the enactment of this Act.
       (3) Not later than 30 days after enactment of this Act, the 
     Secretary of State shall submit to the Committees on 
     Appropriations specific recommendations on appropriate 
     actions to be taken with respect to the Palestine Liberation 
     Organization's status in the United States, especially about 
     the closing of its office, if Palestine seeks to become a 
     member or non-member state of the United Nations outside an 
     agreement negotiated between Israel and the Palestinians.
       (c) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, the United States Agency for International Development 
     (USAID) may provide an exception to the fair opportunity 
     process for placing task orders under such contracts when the 
     order is placed with any category of small or small 
     disadvantaged business.
       (d) Reconstituting Civilian Police Authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of 1961, support for 
     a nation emerging from instability may be deemed to mean 
     support for regional, district, municipal, or other sub-
     national entity emerging from instability, as well as a 
     nation emerging from instability.
       (e) Extension of Authority.--The Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1990 
     (Public Law 101-167) is amended--
       (1) In section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``and 2011'' and 
     inserting ``2011, and 2012''; and
       (B) in subsection (e), by striking ``June 1, 2011'' each 
     place it appears and inserting ``October 1, 2012''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``2011'' and inserting ``2012''.
       (f) World Food Program.--Funds managed by the Bureau for 
     Democracy, Conflict, and Humanitarian Assistance, USAID, from 
     this or any other Act, shall be made available as a general 
     contribution to the World Food Program, notwithstanding any 
     other provision of law.
       (g) Disarmament, Demobilization and Reintegration.--
     Notwithstanding any other provision of law, regulation or 
     Executive order, funds appropriated by this Act and prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs under the headings 
     ``Economic Support Fund'', ``Peacekeeping Operations'', 
     ``International Disaster Assistance'', and ``Transition 
     Initiatives'' should be made available to support programs to 
     disarm, demobilize, and reintegrate into civilian society 
     former members of foreign terrorist organizations:  Provided, 
     That the Secretary of State shall consult with the Committees 
     on Appropriations prior to the obligation of funds pursuant 
     to this subsection:  Provided further, That for the purposes 
     of this subsection the term ``foreign terrorist 
     organization'' means an organization designated as a 
     terrorist organization under section 219 of the Immigration 
     and Nationality Act.
       (h) Contingencies.--During fiscal year 2012, the President 
     may use up to $75,000,000 under the authority of section 451 
     of the Foreign Assistance Act of 1961, notwithstanding any 
     other provision of law.
       (i) Consolidation of Reports.--The Secretary of State, in 
     coordination with the USAID Administrator, shall submit to 
     the Committees on Appropriations not later than 90 days after 
     enactment of this Act recommendations for the consolidation 
     or combination of reports (including plans and strategies) 
     that are called for by any provision of law to be submitted 
     to the Congress and that are substantially duplicative of 
     others called for by any other provision of law:  Provided, 
     That reports are considered ``substantially duplicative'' if 
     they are required to address at least more than half of the 
     same substantive factors, criteria and issues that are 
     required to be addressed by any other report, and any such 
     consolidated report must address all the substantive factors, 
     criteria and issues required to be addressed in each of the 
     individual reports:  Provided further, That reports affected 
     by this subsection are those within the purview of, or 
     prepared primarily by, the Department of State and USAID and 
     that relate to matters addressed under this Act or any other 
     Act authorizing or appropriating funds for use by, or actions 
     of, the Department of State or USAID.
       (j) Promotion of Democracy.--
       (1) Funds made available by this Act that are made 
     available for the promotion of democracy may be made 
     available notwithstanding any other provision of law, and 
     with regard to the National Endowment for Democracy, any 
     regulation.
       (2) For the purposes of funds appropriated by this Act, the 
     term ``promotion of democracy'' means programs that support 
     good governance, human rights, independent media, and the 
     rule of law, and otherwise strengthen the capacity of 
     democratic political parties, governments, nongovernmental 
     organizations and institutions, and citizens to support the 
     development of democratic states, institutions, and practices 
     that are responsive and accountable to citizens.
       (3) With respect to the provision of assistance for 
     democracy, human rights and governance activities in this 
     Act, the organizations implementing such assistance and the 
     specific nature of that assistance shall not be subject to 
     the prior approval by the government of any foreign country.
       (4) Of the funds appropriated under the heading ``Economic 
     Support Fund'', up to $25,000,000 shall be made available to 
     the Bureau of Democracy, Human Rights and Labor for programs 
     to promote human rights by expanding open and uncensored 
     access to information and communication through the Internet, 
     mobile phones, and other connection technologies including 
     digital safety training, policy and advocacy, and the 
     development of circumvention and secure communication 
     technologies, as identified in the Department of State's 
     Internet freedom strategy:  Provided, That funds made 
     available by this section should be matched by sources other 
     than the United States Government, as appropriate:  Provided 
     further, That the Secretary of State shall coordinate the 
     uses of circumvention and secure communications technologies 
     with the Administrator of the United States Agency for 
     International Development (USAID) and the Broadcasting Board 
     of Governors, as appropriate:  Provided further, That the 
     circumvention technologies and programs supported by funds 
     made available by this Act, Public Law 111-117 or Public Law 
     112-10 shall undergo a peer review, to include an assessment 
     of the protection against such technologies being used for 
     illicit purposes, including to further the communications 
     capabilities of extremist groups or their supporters:  
     Provided further, That prior to the obligation of funds, the 
     Secretary of State shall submit to the Committees on 
     Appropriations a report detailing planned expenditures of 
     funds made available for activities to promote Internet 
     freedom:  Provided further, That not later than September 30, 
     2012, the Secretary of State, in coordination with the USAID 
     Administrator, shall submit a report to the Committees on 
     Appropriations listing programs supported by the Department 
     of State and USAID to promote Internet freedom, including an 
     assessment of the results of such programs, and detailing how 
     such programs further, and are coordinated with cyber 
     diplomacy and the United States International Strategy for 
     Cyberspace.
       (k) Accountability Review Boards.--The authority provided 
     by section 301(a)(3) of the Omnibus Diplomatic Security and 
     Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain 
     in effect through September 30, 2012.
       (l) Partner Vetting.--The provisions of section 7034(o) of 
     division F of Public Law 111-117 shall remain in effect 
     through fiscal year 2012.
       (m) Motor Vehicle Pollution Control.--Not later than 90 
     days after enactment of this Act, the head of each United 
     States Government agency that receives funds appropriated by 
     this Act shall establish a policy to

[[Page 17493]]

     eliminate unnecessary idling of motor vehicles owned or 
     leased by such department or agency, and provide a copy of 
     such policy to the Committees on Appropriations including an 
     estimate of the amount of annual fuel savings that will 
     result from such policy:  Provided, That 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.
       (n) Protections and Remedies for Employees of Diplomatic 
     Missions and International Organizations.--The Secretary of 
     State shall implement section 203(a)(2) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (Public Law 110-457):  Provided, That in 
     determining whether to suspend the issuance of A-3 or G-5 
     visas to applicants seeking to work for officials of a 
     diplomatic mission or international organization, the 
     Secretary shall consider whether a final court judgment has 
     been issued against a current or former employee of such 
     mission or organization (and the time period for a final 
     appeal has expired) or whether the Department of State has 
     requested that immunity of individual diplomats or family 
     members be waived to permit criminal prosecution:  Provided 
     further, That the Secretary should continue to assist in 
     obtaining payment of final court judgments awarded to A-3 and 
     G-5 visa holders, including encouraging the sending states to 
     provide compensation directly to victims:  Provided further, 
     That the Secretary shall include, in a manner the Secretary 
     deems appropriate, all trafficking cases involving A-3 or G-5 
     visa holders in the Trafficking in Persons annual report for 
     which a final civil judgment has been issued (and the time 
     period for final appeal has expired) or the Department of 
     Justice has determined that the United States Government 
     would seek to indict the diplomat or a family member but for 
     diplomatic immunity.
       (o) Modification of Amendment.--Section 620J of the Foreign 
     Assistance Act of 1961 (Limitation on Assistance to Security 
     Forces) is amended as follows:
       (1) by redesignating the section as section 620M;
       (2) in subsection (a), by striking ``evidence'' and 
     inserting ``information'' and by striking ``gross 
     violations'' and inserting ``a gross violation'';
       (3) in subsection (b), by striking ``measures'' and 
     inserting ``steps''; and
       (4) by adding the following subsections:
       ``(d) Credible Information.--Not later than 180 days after 
     the enactment of this section, the Secretary shall establish, 
     and periodically update, procedures to--
       ``(1) ensure that for each country the Department of State 
     has a current list of all security force units receiving 
     United States training, equipment, or other types of 
     assistance;
       ``(2) facilitate receipt by the Department of State and 
     United States embassies of information from individuals and 
     organizations outside the United States Government about 
     gross violations of human rights by security force units;
       ``(3) routinely request and obtain such information from 
     the Department of Defense, the Central Intelligence Agency, 
     and other United States Government sources;
       ``(4) ensure that such information is evaluated and 
     preserved;
       ``(5) ensure that when vetting an individual for 
     eligibility to receive United States training the 
     individual's unit is also vetted;
       ``(6) seek to identify the unit involved when credible 
     information of a gross violation exists but the identity of 
     the unit is lacking; and
       ``(7) make publicly available, to the maximum extent 
     practicable, the identity of those units for which the 
     Secretary has credible information.
       ``(e) Report.--The Secretary shall provide a copy of the 
     procedures to the Committees on Appropriations.''
       (p) Sections Repealed.--Sections 494, 495, and 495B through 
     495K of the Foreign Assistance Act of 1961 are hereby 
     repealed.
       (q) Annuitant Waiver.--
       (1) Section 824 of the Foreign Service Act of 1980 (22 
     U.S.C. 4064) is amended in subsection (g)--
       (A) in paragraph (1)(B), by inserting ``to positions in the 
     Response Readiness Corps,'' before ``or to posts vacated''; 
     and
       (B) in paragraph (2), by striking ``2011'' and inserting in 
     lieu thereof ``2013''.
       (2) Section 61 of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)--
       (A) in paragraph (1), by inserting ``to positions in the 
     Response Readiness Corps,'' before ``or to posts vacated''; 
     and
       (B) in paragraph (2), by striking ``2011'' and inserting in 
     lieu thereof ``2013''.
       (3) Section 625 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2385) is amended in subsection (j)(1)--
       (A) in subparagraph (A), by inserting ``to positions in the 
     Response Readiness Corps,'' before ``or to posts vacated''; 
     and
       (B) in subparagraph (B), by striking ``2011'' and inserting 
     in lieu thereof ``2013''.
       (r) Incentives for Critical Posts.--The authority contained 
     in section 1115(d) of Public Law 111-32 shall remain in 
     effect through fiscal year 2012.
       (s) Reports Repealed.--Section 4(b) of Public Law 79-264; 
     section 51(a)(2) of Public Law 84-885; sections 133(d), 
     620C(c) and 620F(c) of Public Law 87-195; section 807 of 
     Public Law 98-164; section 704(c) of Public Law 101-179; 
     section 104 of Public Law 102-511; section 560(g) of Public 
     Law 103-87; sections 514(a) and 527(f) of Public Law 103-236; 
     section 605(c) of Appendix G, Public Law 106-113; sections 
     3203 and 3204(f) of division B of Public Law 106-246; section 
     564(g)(4) of Public Law 106-429; section 304(f) of Public Law 
     107-173; sections 694(a), 694(b), 702, 704 and 1321 of Public 
     Law 107-228; and section 409(c) of Public Law 108-447 are 
     hereby repealed.
       (t) Fee.--Section 1(b)(2) of the Passport Act of June 4, 
     1920 (22 U.S.C. 214(b)(2)) is amended by striking ``2011'' 
     and inserting instead ``2012''.
       (u) Conflict Stabilization Operations Authority.--Of the 
     funds appropriated in title I of this Act under the heading 
     ``Diplomatic and Consular Programs'', up to $35,000,000, to 
     remain available until expended, may be made available 
     pursuant to the authorities under the heading ``Civilian 
     Stabilization Initiative'' in title I of division F of Public 
     Law 111-117:  Provided, That the third and fourth proviso 
     under such heading shall not apply to funds made available 
     under this subsection.
       (v) Transfer of Authority.--
       (1) The State Department Basic Authorities Act of 1956 is 
     amended in section 1(c)(1) (22 U.S.C. 2651a(c)(1)) by 
     striking ``24'' and inserting instead ``26''.
       (2) The Secretary of State may transfer any authority, 
     duty, or function assigned by statute to the Coordinator for 
     Counterterrorism, the Coordinator for Reconstruction and 
     Stabilization, or the Coordinator for International Energy 
     Affairs (or to their respective offices) to such other 
     officials or offices of the Department of State as the 
     Secretary may determine from time to time, following 
     consultation with the Committees on Appropriations.
       (w) Country Expenditures.--Except to respond to 
     humanitarian crises or natural or man-made disasters, or to 
     promote democracy or protect human rights, funds appropriated 
     under the headings ``Global Health Programs'', ``Development 
     Assistance'', ``Economic Support Fund'', ``Millennium 
     Challenge Corporation'', and ``International Narcotics 
     Control and Law Enforcement'' shall not be made available for 
     programs and activities in any country whose government is 
     not increasing its own budgetary expenditures for such 
     programs and activities.
       (x) Personnel.--The authority provided by section 1113 of 
     Public Law 111-32 shall remain in effect through fiscal year 
     2012:  Provided, That none of the funds appropriated or 
     otherwise made available by this Act or any other Act making 
     appropriations for the Department of State, foreign 
     operations, and related programs may be used to implement 
     phase 3 of such authority.
       (y) International Child Abductions.--The Secretary of State 
     may withhold funds appropriated by this Act under the heading 
     ``Economic Support Fund'' for assistance for the central 
     government of any country that the Secretary determines is 
     not taking appropriate steps to comply with the Convention on 
     the Civil Aspects of International Child Abductions, done at 
     the Hague on October 25, 1980:  Provided, That the Secretary 
     shall report to the Committees on Appropriations within 15 
     days of making any such determination.

                     arab league boycott of israel

       Sec. 7033.  It is the sense of the Congress that--
       (1) the Arab League boycott of Israel, and the secondary 
     boycott of American firms that have commercial ties with 
     Israel, is an impediment to peace in the region and to United 
     States investment and trade in the Middle East and North 
     Africa;
       (2) the Arab League boycott, which was regrettably 
     reinstated in 1997, should be immediately and publicly 
     terminated, and the Central Office for the Boycott of Israel 
     immediately disbanded;
       (3) all Arab League states should normalize relations with 
     their neighbor Israel;
       (4) the President and the Secretary of State should 
     continue to vigorously oppose the Arab League boycott of 
     Israel and find concrete steps to demonstrate that opposition 
     by, for example, taking into consideration the participation 
     of any recipient country in the boycott when determining to 
     sell weapons to said country; and
       (5) the President should report to Congress annually on 
     specific steps being taken by the United States to encourage 
     Arab League states to normalize their relations with Israel 
     to bring about the termination of the Arab League boycott of 
     Israel, including those to encourage allies and trading 
     partners of the United States to enact laws prohibiting 
     businesses from complying with the boycott and penalizing 
     businesses that do comply.

                         palestinian statehood

       Sec. 7034. (a) Limitation on Assistance.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     provided to support a Palestinian state unless the Secretary 
     of State determines and certifies to the appropriate 
     congressional committees that--

[[Page 17494]]

       (1) the governing entity of a new Palestinian state--
       (A) has demonstrated a firm commitment to peaceful co-
     existence with the State of Israel;
       (B) is taking appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures, and is cooperating 
     with appropriate Israeli and other appropriate security 
     organizations; and
       (2) the Palestinian Authority (or the governing entity of a 
     new Palestinian state) is working with other countries in the 
     region to vigorously pursue efforts to establish a just, 
     lasting, and comprehensive peace in the Middle East that will 
     enable Israel and an independent Palestinian state to exist 
     within the context of full and normal relationships, which 
     should include--
       (A) termination of all claims or states of belligerency;
       (B) respect for and acknowledgment of the sovereignty, 
     territorial integrity, and political independence of every 
     state in the area through measures including the 
     establishment of demilitarized zones;
       (C) their right to live in peace within secure and 
     recognized boundaries free from threats or acts of force;
       (D) freedom of navigation through international waterways 
     in the area; and
       (E) a framework for achieving a just settlement of the 
     refugee problem.
       (b) Sense of Congress.--It is the sense of Congress that 
     the governing entity should enact a constitution assuring the 
     rule of law, an independent judiciary, and respect for human 
     rights for its citizens, and should enact other laws and 
     regulations assuring transparent and accountable governance.
       (c) Waiver.--The President may waive subsection (a) if the 
     President determines that it is important to the national 
     security interests of the United States to do so.
       (d) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or the governing 
     entity, in order to help meet the requirements of subsection 
     (a), consistent with the provisions of section 7038 of this 
     Act (``Limitation on Assistance for the Palestinian 
     Authority'').

           restrictions concerning the palestinian authority

       Sec. 7035.  None of the funds appropriated under titles II 
     through VI of this Act may be obligated or expended to create 
     in any part of Jerusalem a new office of any department or 
     agency of the United States Government for the purpose of 
     conducting official United States Government business with 
     the Palestinian Authority over Gaza and Jericho or any 
     successor Palestinian governing entity provided for in the 
     Israel-PLO Declaration of Principles:  Provided, That this 
     restriction shall not apply to the acquisition of additional 
     space for the existing Consulate General in Jerusalem:  
     Provided further, That meetings between officers and 
     employees of the United States and officials of the 
     Palestinian Authority, or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles, for the purpose of conducting official United 
     States Government business with such authority should 
     continue to take place in locations other than Jerusalem:  
     Provided further, That as has been true in the past, officers 
     and employees of the United States Government may continue to 
     meet in Jerusalem on other subjects with Palestinians 
     (including those who now occupy positions in the Palestinian 
     Authority), have social contacts, and have incidental 
     discussions.

 prohibition on assistance to the palestinian broadcasting corporation

       Sec. 7036.  None of the funds appropriated or otherwise 
     made available by this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.

                 assistance for the west bank and gaza

       Sec. 7037. (a) Oversight.--For fiscal year 2012, 30 days 
     prior to the initial obligation of funds for the bilateral 
     West Bank and Gaza Program, the Secretary of State shall 
     certify to the Committees on Appropriations that procedures 
     have been established to assure the Comptroller General of 
     the United States will have access to appropriate United 
     States financial information in order to review the uses of 
     United States assistance for the Program funded under the 
     heading ``Economic Support Fund'' for the West Bank and Gaza.
       (b) Vetting.--Prior to the obligation of funds appropriated 
     by this Act under the heading ``Economic Support Fund'' for 
     assistance for the West Bank and Gaza, the Secretary of State 
     shall take all appropriate steps to ensure that such 
     assistance is not provided to or through any individual, 
     private or government entity, or educational institution that 
     the Secretary knows or has reason to believe advocates, 
     plans, sponsors, engages in, or has engaged in, terrorist 
     activity nor, with respect to private entities or educational 
     institutions, those that have as a principal officer of the 
     entity's governing board or governing board of trustees any 
     individual that has been determined to be involved in, or 
     advocating terrorist activity or determined to be a member of 
     a designated foreign terrorist organization:  Provided, That 
     the Secretary of State shall, as appropriate, establish 
     procedures specifying the steps to be taken in carrying out 
     this subsection and shall terminate assistance to any 
     individual, entity, or educational institution which the 
     Secretary has determined to be involved in or advocating 
     terrorist activity.
       (c) Prohibition.--
       (1) None of the funds appropriated under titles III through 
     VI of this Act for assistance under the West Bank and Gaza 
     Program may be made available for the purpose of recognizing 
     or otherwise honoring individuals who commit, or have 
     committed acts of terrorism.
       (2) Notwithstanding any other provision of law, none of the 
     funds made available by this or prior appropriations act, 
     including funds made available by transfer, may be made 
     available for obligation for security assistance for the West 
     Bank and Gaza until the Secretary of State reports to the 
     Committees on Appropriations on the benchmarks that have been 
     established for security assistance for the West Bank and 
     Gaza and reports on the extent of Palestinian compliance with 
     such benchmarks.
       (d) Audits.--
       (1) The Administrator of the United States Agency for 
     International Development shall ensure that Federal or non-
     Federal audits of all contractors and grantees, and 
     significant subcontractors and sub-grantees, under the West 
     Bank and Gaza Program, are conducted at least on an annual 
     basis to ensure, among other things, compliance with this 
     section.
       (2) Of the funds appropriated by this Act up to $500,000 
     may be used by the Office of Inspector General of the United 
     States Agency for International Development for audits, 
     inspections, and other activities in furtherance of the 
     requirements of this subsection:  Provided, That such funds 
     are in addition to funds otherwise available for such 
     purposes.
       (e) Subsequent to the certification specified in subsection 
     (a), the Comptroller General of the United States shall 
     conduct an audit and an investigation of the treatment, 
     handling, and uses of all funds for the bilateral West Bank 
     and Gaza Program, including all funds provided as cash 
     transfer assistance, in fiscal year 2012 under the heading 
     ``Economic Support Fund'', and such audit shall address--
       (1) the extent to which such Program complies with the 
     requirements of subsections (b) and (c); and
       (2) an examination of all programs, projects, and 
     activities carried out under such Program, including both 
     obligations and expenditures.
       (f) Funds made available in this Act for West Bank and Gaza 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (g) Not later than 180 days after enactment of this Act, 
     the Secretary of State shall submit a report to the 
     Committees on Appropriations updating the report contained in 
     section 2106 of chapter 2 of title II of Public Law 109-13.

         limitation on assistance for the palestinian authority

       Sec. 7038. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives, the President pro 
     tempore of the Senate, and the Committees on Appropriations 
     that waiving such prohibition is important to the national 
     security interests of the United States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.
       (d) Report.--Whenever the waiver authority pursuant to 
     subsection (b) is exercised, the President shall submit a 
     report to the Committees on Appropriations detailing the 
     justification for the waiver, the purposes for which the 
     funds will be spent, and the accounting procedures in place 
     to ensure that the funds are properly disbursed:  Provided, 
     That the report shall also detail the steps the Palestinian 
     Authority has taken to arrest terrorists, confiscate weapons 
     and dismantle the terrorist infrastructure.
       (e) Certification.--If the President exercises the waiver 
     authority under subsection (b), the Secretary of State must 
     certify and report to the Committees on Appropriations prior 
     to the obligation of funds that the Palestinian Authority has 
     established a single treasury account for all Palestinian 
     Authority financing and all financing mechanisms flow through 
     this account, no parallel financing mechanisms exist outside 
     of the Palestinian Authority treasury account, and there is a 
     single comprehensive civil service roster and payroll.
       (f) Prohibition to Hamas and the Palestine Liberation 
     Organization.--
       (1) None of the funds appropriated in titles III through VI 
     of this Act may be obligated for salaries of personnel of the 
     Palestinian Authority located in Gaza or may be obligated or 
     expended for assistance to Hamas or

[[Page 17495]]

     any entity effectively controlled by Hamas, any power-sharing 
     government of which Hamas is a member, or a government over 
     which Hamas exercises undue influence.
       (2) Notwithstanding the limitation of subsection (1), 
     assistance may be provided to a power-sharing government only 
     if the President certifies and reports to the Committees on 
     Appropriations that such government, including all of its 
     ministers or such equivalent, has publicly accepted and is 
     complying with the principles contained in section 
     620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, 
     as amended.
       (3) The President may exercise the authority in section 
     620K(e) of the Foreign Assistance Act as added by the 
     Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) 
     with respect to this subsection.
       (4) Whenever the certification pursuant to paragraph (2) is 
     exercised, the Secretary of State shall submit a report to 
     the Committees on Appropriations within 120 days of the 
     certification and every quarter thereafter on whether such 
     government, including all of its ministers or such equivalent 
     are continuing to comply with the principles contained in 
     section 620K(b)(1)(A) and (B) of the Foreign Assistance Act 
     of 1961, as amended:  Provided, That the report shall also 
     detail the amount, purposes and delivery mechanisms for any 
     assistance provided pursuant to the abovementioned 
     certification and a full accounting of any direct support of 
     such government.
       (5) None of the funds appropriated under titles III through 
     VI of this Act may be obligated for assistance for the 
     Palestine Liberation Organization.

                               near east

       Sec. 7039. (a) Egypt.--
       (1) Notwithstanding any other provision of this Act, funds 
     appropriated by this Act under the heading ``Foreign Military 
     Financing Program'' for assistance for Egypt may be 
     transferred to, and merged with, funds appropriated for 
     assistance for Egypt under the heading ``Economic Support 
     Fund'':  Provided, That such transfer may only be made 
     following consultation with, and subject to the regular 
     notification procedures of, the Committees on Appropriations.
       (2)(A) None of the funds appropriated by this Act may be 
     made available for assistance for the central Government of 
     Egypt unless the Secretary of State certifies to the 
     Committees on Appropriations that such government is meeting 
     its obligations under the 1979 Egypt-Israel Peace Treaty.
       (B) The Secretary of State may waive paragraph (2)(A) if 
     the Secretary determines and reports to the Committees on 
     Appropriations that to do so is important to the national 
     interests of the United States:  Provided, That any such 
     determination and report shall include a detailed 
     justification for such waiver.
       (3)(A) Funds appropriated under the heading ``Economic 
     Support Fund'' in this and prior Acts (including previously 
     obligated funds), may be made available, notwithstanding any 
     other provision of law, for an Egypt initiative, particularly 
     for the specific costs referred to in the authorities 
     referenced herein, for the purpose of improving the lives of 
     the Egyptian people through education, investment in jobs and 
     skills (including secondary and vocational education), and 
     access to finance for small and medium enterprise with 
     emphasis on expanding opportunities for women, as well as 
     other appropriate market-reform and economic growth 
     activities:  Provided, That the provisions of title VI of 
     Public Law 103-306 pertaining to funds for Jordan shall be 
     deemed to apply to any such initiative and to funds available 
     under this section to carry out such an initiative in the 
     same manner as such cited provisions apply to Jordan, subject 
     to the following provisos:  Provided further, That 
     subparagraph (b)(2) shall be deemed not to apply and the 
     amount made available pursuant to this section as set forth 
     in the report accompanying this Act and incorporated herein 
     shall be deemed to apply in lieu of the figure in 
     subparagraph (b)(1):  Provided further, That the authority to 
     reduce debt shall include authority to exchange an 
     outstanding obligation for a new obligation and to permit 
     both principal and interest payments on new obligations to be 
     deposited into a fund established for such purpose, to be 
     used in accordance with purposes set forth in an agreement 
     between the United States and Egypt:  Provided further, That 
     the authority of this paragraph shall only be made available 
     after the Secretary of State certifies to the Committees on 
     Appropriations that the Government of Egypt has held free and 
     fair elections and is implementing policies to protect the 
     rights of journalists, due process, and freedoms of 
     expression and association.
       (b) Enterprise Funds.--Up to $60,000,000 of funds 
     appropriated under the heading ``Economic Support Fund'' in 
     this Act and prior acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     (and including previously obligated funds), that are 
     available for assistance for Egypt, up to $20,000,000 of such 
     funds that are available for assistance for Tunisia, up to 
     $60,000,000 of such funds that are available for assistance 
     for Pakistan, and up to $60,000,000 of such funds that are 
     available for assistance for Jordan, respectively, may be 
     made available notwithstanding any other provision of law, to 
     establish and operate one or more enterprise funds for Egypt, 
     Tunisia, Pakistan, and Jordan, respectively:  Provided, That 
     provisions contained in section 201 of the Support for East 
     European Democracy (SEED) Act of 1989 (excluding the 
     provisions of subsections (b)(c)(d)(3) and (f) of that 
     section), shall be deemed to apply to any such fund or funds, 
     and to funds made available to such fund or funds, in order 
     to enable such fund or funds to provide assistance for 
     purposes of this section:  Provided further, That section 
     7077 of division F of Public Law 111-117 shall apply to any 
     such fund or funds established pursuant to this subsection:  
     Provided further, That not more than 5 percent of the funds 
     made available pursuant to this subsection should be 
     available for administrative expenses of such fund or funds 
     and not later than 1 year after the date of enactment of this 
     Act, and annually thereafter until each fund is dissolved, 
     each fund shall submit to the Committees on Appropriations a 
     report detailing the administrative expenses of such fund:  
     Provided further, That each fund shall be governed by a Board 
     of Directors comprised of six private United States citizens 
     and three private citizens of each country, respectively, who 
     have had international business careers and demonstrated 
     expertise in international and emerging markets investment 
     activities:  Provided further, That not later than 1 year 
     after the entry into force of the initial grant agreement 
     under this section and annually thereafter, each fund shall 
     prepare and make available to the public on an Internet Web 
     site administered by the fund a detailed report on the fund's 
     activities during the previous year:  Provided further, That 
     the authority of any such fund or funds to provide assistance 
     shall cease to be effective on December 31, 2022:  Provided 
     further, That funds made available pursuant to this section 
     shall be subject to prior consultation with the Committees on 
     Appropriations.
       (c) Iran.--
       (1) It is the policy of the United States to seek to 
     prevent Iran from achieving the capability to produce or 
     otherwise manufacture nuclear weapons, including by 
     supporting international diplomatic efforts to halt Iran's 
     uranium enrichment program, and the President should fully 
     implement and enforce the Iran Sanctions Act of 1996, as 
     amended (Public Law 104-172) as a means of encouraging 
     foreign governments to require state-owned and private 
     entities to cease all investment in, and support of, Iran's 
     energy sector and all exports of refined petroleum products 
     to Iran.
       (2) None of the funds appropriated or otherwise made 
     available in this Act under the heading ``Export-Import Bank 
     of the United States'' may be used by the Export-Import Bank 
     of the United States to provide any new financing (including 
     loans, guarantees, other credits, insurance, and reinsurance) 
     to any person that is subject to sanctions under paragraph 
     (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 
     (Public Law 104-172).
       (3) The reporting requirements in section 7043(c) in 
     division F of Public Law 111-117 shall continue in effect 
     during fiscal year 2012 as if part of this Act:  Provided, 
     That the date in subsecton (c)(1) shall be deemed to be 
     ``September 31, 2012''.
       (d) Iraq.--
       (1) Funds appropriated or otherwise made available by this 
     Act for assistance for Iraq shall be made available in a 
     manner that utilizes Iraqi entities to the maximum extent 
     practicable, and in accordance with the Department of State's 
     April 9, 2009 ``Guidelines for Government of Iraq Financial 
     Participation in United States Government-Funded Civilian 
     Foreign Assistance Programs and Projects''.
       (2) None of the funds appropriated or otherwise made 
     available by this Act may be used by the Government of the 
     United States to enter into a permanent basing rights 
     agreement between the United States and Iraq.
       (3) Funds appropriated or otherwise made available by this 
     Act for security-related programs in Iraq may only be made 
     available if the Secretary of State certifies to the 
     Committees on Appropriations that the Government of Iraq has 
     committed to contributing to, and sustaining, such programs, 
     including details on the manner in which such contributions 
     and sustainment will be achieved.
       (4) Of the funds appropriated by this Act for assistance 
     for Iraq under the heading ``Economic Support Fund'', not 
     less than $10,000,000 shall be made available for programs 
     and activities for which policy justifications and decisions 
     shall be the responsibility of the United States Chief of 
     Mission in Iraq.
       (e) Lebanon.--
       (1) None of the funds appropriated by this Act may be made 
     available for assistance for the Government of Lebanon if 
     such government is controlled by a foreign terrorist 
     organization.
       (2) Funds appropriated under the heading ``Foreign Military 
     Financing Program'' in this Act for assistance for Lebanon 
     may be made available only to professionalize the Lebanese 
     Armed Forces and to strengthen border security and combat 
     terrorism, including training and equipping the Lebanese 
     Armed Forces to secure Lebanon's borders, interdicting arms 
     shipments, preventing the

[[Page 17496]]

     use of Lebanon as a safe haven for terrorist groups, and to 
     implement United Nations Security Council Resolution 1701:  
     Provided, That funds may not be made available for obligation 
     until the Secretary of State provides the Committees on 
     Appropriations a detailed spending plan:  Provided further, 
     That such plan shall not be considered as meeting the 
     notification requirements under section 7015 of this Act or 
     under section 634A of the Foreign Assistance Act of 1961.
       (f) Libya.--
       (1) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $20,000,000 should 
     be made available to promote democracy, transparent and 
     accountable governance, human rights, transitional justice, 
     and the rule of law in Libya, and for exchange programs 
     between Libyan and American students:  Provided, That such 
     funds shall be made available, to the maximum extent 
     practicable, on a cost matching basis.
       (2) None of the funds appropriated by this Act may be made 
     available for assistance for Libya for the rehabilitation or 
     reconstruction of infrastructure except on a loan basis with 
     terms favorable to the United States, and only following 
     consultation with the Committees on Appropriations.
       (g) Morocco.--Of the funds appropriated by this Act under 
     the heading ``Foreign Military Financing Program'' for 
     assistance for Morocco, $1,000,000 shall be withheld from 
     obligation until the Secretary of State submits a report to 
     the Committees on Appropriations on steps being taken by the 
     Government of Morocco to--
       (1) respect the right of individuals to peacefully express 
     their opinions regarding the status and future of the Western 
     Sahara and to document violations of human rights; and
       (2) provide unimpeded access to human rights organizations, 
     journalists, and representatives of foreign governments to 
     the Western Sahara.
       (h) Syria.--Notwithstanding any other provision of law, 
     funds appropriated by this Act shall be made available to 
     promote democracy and protect human rights in Syria:  
     Provided, That a portion of such funds should be programmed 
     in coordination with the Government of Turkey and other 
     governments in the region, as appropriate.

                   aircraft transfer and coordination

       Sec. 7040. (a) Transfer Authority.--Notwithstanding any 
     other provision of law or regulation, aircraft procured with 
     funds appropriated by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs under the headings 
     ``Diplomatic and Consular Programs'', ``International 
     Narcotics Control and Law Enforcement'', ``Andean Counterdrug 
     Initiative'' and ``Andean Counterdrug Programs'' may be used 
     for any other program and in any region, including for the 
     transportation of active and standby Civilian Response Corps 
     personnel and equipment during a deployment:  Provided, That 
     the responsibility for policy decisions and justification for 
     the use of such transfer authority shall be the 
     responsibility of the Secretary of State and the Deputy 
     Secretary of State and this responsibility shall not be 
     delegated.
       (b) Property Disposal.--The authority provided in 
     subsection (a) shall apply only after a determination by the 
     Secretary of State to the Committees on Appropriations that 
     the equipment is no longer required to meet programmatic 
     purposes in the designated country or region:  Provided, That 
     any such transfer shall be subject to prior consultation 
     with, and the regular notification procedures of, the 
     Committees on Appropriations.
       (c) Aircraft Coordination.--
       (1) The uses of aircraft purchased or leased by the 
     Department of State and the United States Agency for 
     International Development (USAID) with funds made available 
     in this Act or prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     shall be coordinated under the authority of the appropriate 
     Chief of Mission:  Provided, That such aircraft may be used 
     to transport, on a reimbursable or non-reimbursable basis, 
     Federal and non-Federal personnel supporting the Department 
     of State and USAID programs and activities:  Provided 
     further, That official travel for other agencies for other 
     purposes may be supported on a reimbursable basis, or without 
     reimbursement when traveling on a space available basis.
       (2) The requirement and authorities of this subsection 
     shall only apply to aircraft, the primary purpose of which is 
     the transportation of personnel.

                           western hemisphere

       Sec. 7041. (a) Central America and the Caribbean.--Funds 
     appropriated by this Act shall be made available for the 
     Central America Regional Security Initiative (CARSI) and for 
     the Caribbean Basin Security Initiative (CBSI) to strengthen 
     the capacity and professionalism of civilian law enforcement 
     and judicial institutions.
       (b) Colombia.--
       (1) Assistance.--
       (A) Funds appropriated by this Act and made available to 
     the Department of State for counter-narcotics or other law 
     enforcement assistance for the Government of Colombia may be 
     used to support a unified campaign against narcotics 
     trafficking and organizations designated as Foreign Terrorist 
     Organizations and successor organizations, and to take 
     actions to protect human health and welfare in emergency 
     circumstances, including undertaking rescue operations:  
     Provided, That no United States Armed Forces personnel or 
     United States civilian contractor employed by the United 
     States will participate in any combat operation in connection 
     with assistance made available by this Act for Colombia:  
     Provided further, That the President shall ensure that if any 
     helicopter procured with funds in this Act or prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs, is used to aid or abet the 
     operations of any illegal self-defense group, paramilitary 
     organization, illegal security cooperative or successor 
     organizations in Colombia, such helicopter shall be 
     immediately returned to the United States:  Provided further, 
     That none of the funds appropriated by this Act or prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs may be made available for 
     assistance for the Colombian Departamento Administrativo de 
     Seguridad (DAS) or successor organizations.
       (B) None of the funds appropriated by this Act under the 
     heading ``International Narcotics Control and Law 
     Enforcement'' that are available for assistance for Colombia 
     for the procurement of chemicals for aerial drug eradication 
     may be made available unless the Secretary of State certifies 
     to the Committees on Appropriations that any complaints of 
     harm to health or licit crops caused by such aerial 
     eradication are thoroughly investigated and evaluated, and 
     fair compensation is paid in a timely manner for meritorious 
     claims:  Provided further, That the Secretary shall submit a 
     report to the Committees on Appropriations not later than 6 
     months after enactment of this Act and 6 months thereafter 
     detailing the complaints made during the previous 6 months, 
     the investigations conducted, and the amount of compensation, 
     if any:  Provided further, That such funds may not be made 
     available for such purposes unless voluntary eradication 
     programs are not feasible and programs are being implemented 
     by the United States Agency for International Development, 
     the Government of Colombia, or other organizations, in 
     consultation and coordination with local communities, to 
     provide alternative sources of income in areas where security 
     permits for small-acreage growers and communities whose 
     illicit crops are targeted for aerial eradication:  Provided 
     further, That none of the funds appropriated by this Act for 
     assistance for Colombia shall be made available for the 
     cultivation or processing of African oil palm, if doing so 
     would contribute to significant loss of native species, 
     disrupt or contaminate natural water sources, reduce local 
     food security, or cause the forced displacement of local 
     people:  Provided further, That funds appropriated by this 
     Act may not be used for aerial drug eradication in Colombia's 
     national parks or reserves unless the Secretary of State 
     certifies to the Committees on Appropriations that there are 
     no effective alternatives and the eradication is in 
     accordance with Colombian laws.
       (2) Applicability of fiscal year 2009 provisions.--
       (A) In general.--Except as provided in paragraph (2), the 
     provisions of subsections (b) through (f) of section 7046 of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2009 (division H of Public Law 
     111-8), as amended by section 7046 (b)(2)(A) of division F of 
     Public Law 111-117, shall apply to funds appropriated or 
     otherwise made available by this Act for assistance for 
     Colombia.
       (B) Exceptions.--The following provisions of section 7046 
     of division H of Public Law 111-8 shall apply to funds 
     appropriated or otherwise made available by this Act for 
     assistance for Colombia as follows:
       (i) Subsection (b)(1)(B) is amended as follows:

       (I) By striking clause (i) and inserting the following:

       ``(i) 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 successor armed 
     groups; all such cases are promptly referred to civilian 
     jurisdiction for investigation and prosecution, and the 
     Colombian Armed Forces are no longer opposing civilian 
     judicial jurisdiction in such cases; and the Colombian Armed 
     Forces are cooperating fully with civilian prosecutors and 
     judicial authorities.''.

       (II) By striking clause (iv) and inserting the following:

       ``(iv) 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.''.
       (ii) Subsection (b)(2) shall be applied by substituting 
     ``July 31, 2012'' for the date contained therein;

[[Page 17497]]

       (iii) Subsection (c) shall be applied by substituting 
     ``September 30, 2012'' for the date contained therein; and
       (iv) Subsection (d)(1) shall be applied by substituting 
     ``fiscal year 2012'' for the fiscal year contained therein.
       (C) Report.--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 DAS, 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:  Provided, That to 
     the maximum extent possible the report shall be provided in 
     unclassified form, but may also include a classified annex.
       (c) Guatemala.--
       (1) Of the funds appropriated in this Act under the heading 
     ``International Narcotics Control and Law Enforcement'' not 
     less than $5,000,000 shall be made available for a United 
     States contribution to the International Commission Against 
     Impunity in Guatemala (CICIG).
       (2) Funds appropriated under the heading ``International 
     Military Education and Training'' (IMET) that are available 
     for assistance for the Guatemalan Army may only be made 
     available for expanded IMET.
       (3) None of the funds appropriated under the heading 
     ``Foreign Military Financing Program'' may be made available 
     for assistance for the Guatemalan Army, except that such 
     funds may be made available for the Army Corps of Engineers 
     only to improve disaster response capabilities and to 
     participate in international peacekeeping operations.
       (d) Haiti.--
       (1) The Government of Haiti shall be eligible to purchase 
     defense articles and services under the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
       (2) Funds appropriated under the heading ``Economic Support 
     Fund'' in this Act and prior Acts that are made available for 
     assistance for Haiti shall 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.
       (e) Honduras.--Funds appropriated by this Act that are 
     available for assistance for police forces in Honduras may 
     not be made available until the Secretary of State certifies 
     to the Committees on Appropriations that the Government of 
     Honduras is investigating, prosecuting, and punishing police 
     officers who have violated human rights and the Honduran 
     police are cooperating with civilian judicial authorities in 
     such cases.
       (f) Mexico.--Funds appropriated by this Act that are 
     available to support anti-crime and counter-narcotics efforts 
     in Mexico shall be made available to strengthen the capacity 
     of civilian law enforcement and judicial institutions.
       (g) Trade Capacity.--Of the funds appropriated by this Act, 
     not less than $10,000,000 under the heading ``Development 
     Assistance'' and not less than $10,000,000 under the heading 
     ``Economic Support Fund'' shall be made available for labor 
     and environmental capacity building activities relating to 
     free trade agreements with countries of Central America, Peru 
     and the Dominican Republic.

                                 serbia

       Sec. 7042. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of Serbia 
     after May 31, 2012, if the Secretary of State has submitted 
     the report required in subsection (c).
       (b) After May 31, 2012, the Secretary of the Treasury 
     should instruct the United States executive directors of the 
     international financial institutions to support loans and 
     assistance to the Government of Serbia subject to the 
     condition in subsection (c).
       (c) The report referred to in subsection (a) is a report by 
     the Secretary of State to the Committees on Appropriations 
     that the Government of Serbia is cooperating with the 
     International Criminal Tribunal for the former Yugoslavia, 
     including apprehending and transferring indictees and 
     providing investigators access to witnesses, documents, and 
     other information.
       (d) This section shall not apply to humanitarian assistance 
     or assistance to promote democracy.

                   community-based police assistance

       Sec. 7043. (a) Authority.--Funds made available by titles 
     III and IV of this Act to carry out the provisions of chapter 
     1 of part I and chapters 4 and 6 of part II of the Foreign 
     Assistance Act of 1961, may be used, notwithstanding section 
     660 of that Act, to enhance the effectiveness and 
     accountability of civilian police authority through training 
     and technical assistance in human rights, the rule of law, 
     anti-corruption, strategic planning, and through assistance 
     to foster civilian police roles that support democratic 
     governance including assistance for programs to prevent 
     conflict, respond to disasters, address sexual and gender-
     based violence, and foster improved police relations with the 
     communities they serve.
       (b) Notification.--Assistance provided under subsection (a) 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.

           prohibition of payments to united nations members

       Sec. 7044.  None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act for 
     carrying out the Foreign Assistance Act of 1961, may be used 
     to pay in whole or in part any assessments, arrearages, or 
     dues of any member of the United Nations or, from funds 
     appropriated by this Act to carry out chapter 1 of part I of 
     the Foreign Assistance Act of 1961, the costs for 
     participation of another country's delegation at 
     international conferences held under the auspices of 
     multilateral or international organizations.

                     war crimes tribunals drawdown

       Sec. 7045.  If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961 of up to $30,000,000 of 
     commodities and services for the United Nations War Crimes 
     Tribunal established with regard to the former Yugoslavia by 
     the United Nations Security Council or such other tribunals 
     or commissions as the Council may establish or authorize to 
     deal with such violations, without regard to the ceiling 
     limitation contained in paragraph (2) thereof:  Provided, 
     That the determination required under this section shall be 
     in lieu of any determinations otherwise required under 
     section 552(c):  Provided further, That funds made available 
     pursuant to this section shall be made available subject to 
     the regular notification procedures of the Committees on 
     Appropriations.

                              peacekeeping

       Sec. 7046. (a) Missions.--None of the funds appropriated or 
     otherwise made available by title I of this Act may be used 
     for any United Nations peacekeeping mission that will involve 
     United States Armed Forces under the command or operational 
     control of a foreign national, unless the President's 
     military advisors have submitted to the President a 
     recommendation that such involvement is in the national 
     interests of the United States and the President has 
     submitted to the Congress such a recommendation.
       (b) Assessment.--Section 404(b)(2)(B) of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995 (22 
     U.S.C. 287e note) is amended by adding the following at the 
     end:
       ``(vii) For assessments made during calendar year 2011 and 
     2012, 27.2 percent.''.

                attendance at international conferences

       Sec. 7047.  None of the funds made available in this Act 
     may be used to send or otherwise pay for the attendance of 
     more than 50 employees of agencies or departments of the 
     United States Government who are stationed in the United 
     States, at any single international conference occurring 
     outside the United States, unless the Secretary of State 
     reports to the Committees on Appropriations that such 
     attendance is important to the national interest:  Provided, 
     That for purposes of this section the term ``international 
     conference'' shall mean a conference attended by 
     representatives of the United States Government and of 
     foreign governments, international organizations, or 
     nongovernmental organizations.

               restrictions on united nations delegations

       Sec. 7048.  None of the funds made available under title I 
     of this Act may be used to pay expenses for any United States 
     delegation to any specialized agency, body, or commission of 
     the United Nations if such commission is chaired or presided 
     over by a country, the government of which the Secretary of 
     State has determined, for purposes of section 6(j)(1) of the 
     Export Administration Act of 1979 (50 U.S.C. App. 
     2405(j)(1)), supports international terrorism.

   parking fines and real property taxes owed by foreign governments

       Sec. 7049.  The terms and conditions of section 7055 of 
     division F of Public Law 111-117 shall apply to this Act:  
     Provided, That the date ``September 30, 2009'' in subsection 
     (f)(2)(B) shall be deemed to be ``September 30, 2011''.

                    landmines and cluster munitions

       Sec. 7050. (a) Landmines.--Notwithstanding any other 
     provision of law, demining equipment available to the United 
     States Agency for International Development and the 
     Department of State and used in support of the clearance of 
     landmines and unexploded ordnance for humanitarian purposes 
     may be disposed of on a grant basis in foreign countries, 
     subject to such terms and conditions as the Secretary of 
     State may prescribe.
       (b) Cluster Munitions.--No military assistance shall be 
     furnished for cluster munitions, no defense export license 
     for cluster munitions may be issued, and no cluster munitions 
     or cluster munitions technology shall be sold or transferred, 
     unless--
       (1) the submunitions of the cluster munitions, after 
     arming, do not result in more than 1 percent unexploded 
     ordnance across the range of intended operational 
     environments; and
       (2) the agreement applicable to the assistance, transfer, 
     or sale of such cluster munitions or cluster munitions 
     technology specifies that the cluster munitions will only be

[[Page 17498]]

     used against clearly defined military targets and will not be 
     used where civilians are known to be present or in areas 
     normally inhabited by civilians.

                 prohibition on publicity or propaganda

       Sec. 7051.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of the 
     enactment of this Act by the Congress:  Provided, That not to 
     exceed $25,000 may be made available to carry out the 
     provisions of section 316 of Public Law 96-533.

                    limitation on residence expenses

       Sec. 7052.  Of the funds appropriated or made available 
     pursuant to title II of this Act, not to exceed $100,500 
     shall be for official residence expenses of the United States 
     Agency for International Development during the current 
     fiscal year:  Provided, That appropriate steps shall be taken 
     to assure that, to the maximum extent possible, United 
     States-owned foreign currencies are utilized in lieu of 
     dollars.

     united states agency for international development management

                     (including transfer of funds)

       Sec. 7053. (a) Authority.--Up to $93,000,000 of the funds 
     made available in title III of this Act to carry out the 
     provisions of part I of the Foreign Assistance Act of 1961, 
     including funds appropriated under the heading ``Assistance 
     for Europe, Eurasia and Central Asia'', may be used by the 
     United States Agency for International Development (USAID) to 
     hire and employ individuals in the United States and overseas 
     on a limited appointment basis pursuant to the authority of 
     sections 308 and 309 of the Foreign Service Act of 1980.
       (b) Restrictions.--
       (1) The number of individuals hired in any fiscal year 
     pursuant to the authority contained in subsection (a) may not 
     exceed 175.
       (2) The authority to hire individuals contained in 
     subsection (a) shall expire on September 30, 2013.
       (c) Conditions.--The authority of subsection (a) should 
     only be used to the extent that an equivalent number of 
     positions that are filled by personal services contractors or 
     other nondirect hire employees of USAID, who are compensated 
     with funds appropriated to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', are eliminated.
       (d) Priority Sectors.--In exercising the authority of this 
     section, primary emphasis shall be placed on enabling USAID 
     to meet personnel positions in technical areas currently 
     encumbered by contractor or other nondirect hire personnel.
       (e) Program Account Charged.--The account charged for the 
     cost of an individual hired and employed under the authority 
     of this section shall be the account to which such 
     individual's responsibilities primarily relate:  Provided, 
     That funds made available to carry out this section may be 
     transferred to, and merged with, funds appropriated by this 
     Act in title II under the heading ``Operating Expenses''.
       (f) Foreign Service Limited Extensions.--Individuals hired 
     and employed by USAID, with funds made available in this Act 
     or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs, pursuant to 
     the authority of section 309 of the Foreign Service Act of 
     1980, may be extended for a period of up to 4 years 
     notwithstanding the limitation set forth in such section.
       (g) Disaster Surge Capacity.--Funds appropriated under 
     title III of this Act to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', may be used, in addition to funds otherwise available 
     for such purposes, for the cost (including the support costs) 
     of individuals detailed to or employed by USAID whose primary 
     responsibility is to carry out programs in response to 
     natural or man-made disasters.
       (h) Technical Advisors.--Up to $13,500,000 of the funds 
     made available in title III of this Act for assistance under 
     the heading ``Global Health Programs'', may be used to 
     reimburse United States Government agencies, agencies of 
     State governments, institutions of higher learning, and 
     private and voluntary organizations for the full cost of 
     individuals (including for the personal services of such 
     individuals) detailed or assigned to, or contracted by USAID 
     for the purpose of carrying out activities under that 
     heading:  Provided, That up to $3,500,000 of the funds made 
     available by this Act for assistance under the heading 
     ``Development Assistance'' may be used to reimburse such 
     agencies, institutions, and organizations for such costs of 
     such individuals carrying out other development assistance 
     activities.
       (i) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be used by USAID to employ up to 
     40 personal services contractors in the United States, 
     notwithstanding any other provision of law, for the purpose 
     of providing direct, interim support for new or expanded 
     overseas programs and activities managed by the agency until 
     permanent direct hire personnel are hired and trained:  
     Provided, That not more than 10 of such contractors shall be 
     assigned to any bureau or office:  Provided further, That not 
     more than 15 of such contractors shall be for activities 
     related to USAID's Afghanistan or Pakistan programs:  
     Provided further, That such funds appropriated to carry out 
     title II of the Agricultural Trade Development and Assistance 
     Act of 1954, may be made available only for personal services 
     contractors assigned to the Office of Food for Peace.
       (j) Senior Foreign Service Limited Appointments.--
     Individuals hired pursuant to the authority provided by 
     section 7059(o) of division F of Public Law 111-117 may be 
     assigned to or support programs in Iraq, Afghanistan, or 
     Pakistan with funds made available in this Act and prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs.

                        global health activities

       Sec. 7054. (a) Funds appropriated by titles III and IV of 
     this Act that are made available for bilateral assistance for 
     global health activities including activities relating to 
     research on, and the prevention, treatment and control of, 
     HIV/AIDS may be made available notwithstanding any other 
     provision of law except for provisions under the heading 
     ``Global Health Programs'' and the United States Leadership 
     Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 
     Stat. 711; 22 U.S.C. 7601 et seq.), as amended:  Provided, 
     That of the funds appropriated under title III of this Act, 
     not less than $700,000,000 shall be made available for family 
     planning/reproductive health, including in areas where 
     population growth threatens biodiversity or endangered 
     species.
       (b) Not later than 90 days after enactment of this Act, the 
     Secretary of State, in consultation with the Administrator of 
     the United States Agency for International Development 
     (USAID) shall submit to the Committees on Appropriations a 
     report on any cost savings that could be achieved by 
     transitioning the function, role, and duties of the Office of 
     the United States Global AIDS Coordinator into USAID.
       (c) Not later than 90 days after enactment of this Act, the 
     Secretary of State, in consultation with the Administrator of 
     the United States Agency for International Development 
     (USAID) shall submit to the Committees on Appropriations a 
     report on the status of the Quadrennial Diplomacy and 
     Development Review (QDDR) decision to transition the 
     leadership of the Global Health Initiative (GHI) to USAID, to 
     include the following:
       (1) The metrics developed to measure progress towards 
     meeting each benchmark enumerated in Appendix 2 of the QDDR 
     and the method utilized to develop such metrics;
       (2) The status of, and estimated completion date for, 
     meeting each benchmark; and
       (3) An assessment of meeting the QDDR target date of 
     September 2012 for transition of GHI to USAID, and if such 
     assessment determines that the target date will not be met a 
     detailed explanation of why it will not be met and a revised 
     target date for the transition to be completed.
       (d) Notwithstanding any other provision of law, to include 
     minimum funding requirements or funding directives, funds 
     made available by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs may be made available to 
     respond to pandemic outbreaks, subject to prior consultation 
     with, and the regular notification procedures of, the 
     Committees on Appropriations.

                       development grants program

       Sec. 7055.  Of the funds appropriated in title III of this 
     Act, not less than $45,000,000 shall be made available for 
     the Development Grants Program established pursuant to 
     section 674 of the Department of State, Foreign Operations, 
     and Related Programs Appropriations Act, 2008 (division J of 
     Public Law 110-161), primarily for unsolicited proposals, to 
     support grants of not more than $2,000,000 to small 
     nongovernmental organizations:  Provided, That funds made 
     available under this section are in addition to other funds 
     available for such purposes including funds designated by 
     this Act by section 7063.

                  programs to promote gender equality

       Sec. 7056. (a) Programs funded under title III of this Act 
     shall include, where appropriate, efforts to improve the 
     status of women, including through gender considerations in 
     the planning, assessment, implementation, monitoring and 
     evaluation of such programs.
       (b) Funds appropriated under title III of this Act shall be 
     made available to support programs to expand economic 
     opportunities for poor women in developing countries, 
     including increasing the number and capacity of women-owned 
     enterprises, improving property rights for women, increasing 
     women's access to financial services and capital, enhancing 
     the role of women in economic decisionmaking at the local, 
     national and international levels, and improving women's 
     ability to participate in the global economy.
       (c) Funds appropriated under title III of this Act shall be 
     made available to increase political opportunities for women, 
     including

[[Page 17499]]

     strengthening protections for women's personal status, 
     increasing women's participation in elections, and enhancing 
     women's positions in government and role in government 
     decisionmaking.
       (d) Funds appropriated under in title III of this Act for 
     food security and agricultural development shall take into 
     consideration the unique needs of women, and technical 
     assistance for women farmers should be a priority.
       (e) The Secretary of State, in consultation with the heads 
     of other relevant Federal agencies, shall develop a National 
     Action Plan in accordance with United Nations Security 
     Council Resolution 1325 (adopted on October 31, 2000) to 
     ensure the United States effectively promotes and supports 
     the rights and roles of women in conflict-affected and post-
     conflict regions through clear, measurable commitments to--
       (1) promote the active and meaningful participation of 
     women in affected areas in all aspects of conflict 
     prevention, management, and resolution;
       (2) integrate the perspectives and interests of affected 
     women into conflict-prevention activities and strategies;
       (3) promote the physical safety, economic security, and 
     dignity of women and girls;
       (4) support women's equal access to aid distribution 
     mechanisms and services; and
       (5) monitor, analyze and evaluate implementation efforts 
     and their impact.
       (f) The Department of State and the United States Agency 
     for International Development shall fully integrate gender 
     into all diplomatic and development efforts through the 
     inclusion of gender in strategic planning and budget 
     allocations, and the development of indicators and evaluation 
     mechanisms to measure the impact of United States policies 
     and programs on women and girls in foreign countries.

                         gender-based violence

       Sec. 7057. (a) Funds appropriated under the headings 
     ``Global Health Programs'', ``Development Assistance'', 
     ``Economic Support Fund'', and ``International Narcotics 
     Control and Law Enforcement'' in this Act shall be made 
     available for sexual and gender-based violence prevention and 
     response efforts, and funds appropriated under the headings 
     ``International Disaster Assistance'', ``Complex Crises 
     Fund'' and ``Migration and Refugee Assistance'' should be 
     made available for such efforts.
       (b) Programs and activities funded under titles III and IV 
     of this Act to train foreign police, judicial, and military 
     personnel, including for international peacekeeping 
     operations, shall address, where appropriate, prevention and 
     response to sexual and gender-based violence and trafficking 
     in persons.
       (c) Not later than 180 days after enactment of this Act, 
     the Secretary of State and the Administrator of the United 
     States Agency for International Development shall jointly 
     submit to the Committees on Appropriations a multi-year 
     strategy to prevent and respond to violence against women and 
     girls in countries where it is common:  Provided, That the 
     strategy should reflect the input of local women's 
     organizations in such countries and include achievable and 
     sustainable goals, benchmarks for measuring progress, and 
     expected results:  Provided further, That the strategy should 
     include regular engagement with men and boys as community 
     leaders and advocates in ending violence against women and 
     girls.

                        reconciliation programs

       Sec. 7058.  Of the funds appropriated by title III of this 
     Act under the headings ``Economic Support Fund'' and 
     ``Development Assistance'', $26,000,000 shall be made 
     available to support people to people reconciliation programs 
     which bring together individuals of different ethnic, 
     religious and political backgrounds from areas of civil 
     strife and war, of which $10,000,000 shall be made available 
     for such programs in the Middle East:  Provided, That the 
     Administrator of the United States Agency for International 
     Development shall consult with the Committees on 
     Appropriations, prior to the initial obligation of funds, on 
     the uses of such funds.

                         requests for documents

       Sec. 7059.  None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act shall 
     be available to a nongovernmental organization, including any 
     contractor, which fails to provide upon timely request any 
     document, file, or record necessary to the auditing 
     requirements of the United States Agency for International 
     Development.

                     prohibition on use of torture

       Sec. 7060. (a) None of the funds made available in this Act 
     may be used to support or justify the use of torture, cruel 
     or inhumane treatment by any official or contract employee of 
     the United States Government.
       (b) Not later than 90 days after enactment of this Act, the 
     Secretary of State shall submit to the Committees on 
     Appropriations a report identifying those countries receiving 
     United States assistance from funds appropriated by this Act 
     whose police, military, or other security forces have been 
     credibly alleged to use torture, as determined by the 
     Assistant Secretary of State for Democracy, Human Rights and 
     Labor based on the Department of State's most recent Human 
     Rights Report and other relevant information.
       (c) Funds appropriated by this Act to carry out the 
     provisions of chapters 1, 10, 11, and 12 of part I and 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     and the Support for East European Democracy (SEED) Act of 
     1989, shall be made available, notwithstanding section 660 of 
     the Foreign Assistance Act of 1961, for assistance to 
     eliminate torture by foreign police, military or other 
     security forces in countries identified in the report 
     required in subsection (b).

                                 africa

       Sec. 7061. (a) Conflict Minerals.--
       (1) None of the funds appropriated by this Act under the 
     heading ``Foreign Military Financing Program'' may be made 
     available for assistance for Rwanda or Uganda if the 
     Secretary of State has credible evidence that the Government 
     of Rwanda or the Government of Uganda is providing political, 
     military or financial support to armed groups in the 
     Democratic Republic of the Congo (DRC) that are involved in 
     the illegal exportation of minerals out of the DRC or have 
     violated human rights.
       (2) The restriction in paragraph (1) shall not apply to 
     assistance to improve border controls to prevent the illegal 
     exportation of minerals out of the DRC by such groups, to 
     protect relief efforts, or to support the training and 
     deployment of members of the Rwandan or Ugandan militaries in 
     international peacekeeping operations.
       (b) Counter-terrorism Programs.--
       (1) Of the funds appropriated by this Act, not less than 
     $52,800,000 should be made available for the Trans-Sahara 
     Counter-terrorism Partnership program, and not less than 
     $21,300,000 should be made available for the Partnership for 
     Regional East Africa Counter-terrorism program.
       (2) In addition to such sums that may otherwise be made 
     available, of the funds appropriated by this Act under the 
     heading ``Economic Support Fund'', $10,000,000 shall be made 
     available for programs to counter extremism in East Africa.
       (3) Not later than 90 days after enactment of this Act, the 
     Secretary of State, in consultation with the Secretary of 
     Defense, shall submit a report to the Committees on 
     Appropriations detailing--
       (A) the United States Government's multi-year strategy for 
     combating terrorism in Africa;
       (B) the amount of funding provided, by account, to 
     implement such a strategy, and a brief description of 
     counter-terrorism programs implemented on a country-by-
     country basis;
       (C) the mechanisms for coordinating such assistance between 
     the Department of State, the United States Agency for 
     International Development, and the Department of Defense, 
     between the United States Government and other international 
     donors, and between the United States Government and 
     respective host governments; and
       (D) the benchmarks for measuring the strengths and 
     weaknesses in implementing such strategy.
       (c) Crisis Response.--Notwithstanding any other provision 
     of law, up to $15,000,000 of the funds appropriated by this 
     Act under the heading ``Global Health Programs'' for HIV/AIDS 
     activities may be transferred to, and merged with, funds 
     appropriated under the headings ``Complex Crises Fund'', 
     ``International Disaster Assistance'', ``Economic Support 
     Fund'', and ``Migration and Refugee Assistance'' to respond 
     to unanticipated crises in Africa, except that funds shall 
     not be transferred unless the Secretary of State certifies to 
     the Committees on Appropriations that no individual currently 
     on anti-retroviral therapy supported by such funds shall be 
     negatively impacted by the transfer of such funds:  Provided, 
     That the authority of this subsection shall be subject to 
     prior consultation with the Committees on Appropriations.
       (d) Expanded International Military Education and 
     Training.--
       (1) Funds appropriated under the heading ``International 
     Military Education and Training'' (IMET) in this Act that are 
     made available for assistance for Angola, Cameroon, Central 
     African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe 
     may be made available only for expanded IMET.
       (2) None of the funds appropriated under the heading 
     ``International Military Education and Training'' in this Act 
     may be made available for assistance for Equatorial Guinea or 
     Somalia.
       (e) Ethiopia.--
       (1) Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' that are available for 
     assistance for Ethiopia shall not be made available unless 
     the Secretary of State--
       (A) certifies to the Committees on Appropriations that the 
     Government of Ethiopia is implementing policies to respect 
     due process and freedoms of expression and association, and 
     is permitting access to human rights and humanitarian 
     organizations to the Somalia region of Ethiopia; and
       (B) submits a report to such Committees on the types and 
     amounts of United States training and equipment proposed to 
     be provided to the Ethiopian military including steps that 
     will be taken to ensure that such assistance is not provided 
     to military units or personnel that have violated human

[[Page 17500]]

     rights, and steps taken by the Government of Ethiopia to 
     investigate and prosecute members of the Ethiopian military 
     who have been credibly alleged to have violated such rights.
       (2) The restriction in paragraph (1) shall not apply to 
     assistance to Ethiopian military efforts in support of 
     international peacekeeping operations and for assistance to 
     the Ethiopian Defense Command and Staff College.
       (f) The Gambia.--The Secretary of the Treasury shall 
     instruct the United States executive directors of the 
     international financial institutions to vote against any 
     loan, agreement, or other financial support for the Gambia, 
     except to meet basic human needs, unless the Secretary of 
     State certifies to the Committees on Appropriations that the 
     Government of the Gambia is taking effective steps to release 
     and account for political prisoners.
       (g) Kenya.--Funds appropriated by this Act under the 
     heading ``Foreign Military Financing Program'' that are 
     available for assistance for Kenya should not be made 
     available unless a thorough, credible investigation has been 
     conducted of alleged crimes by Kenyan soldiers at Mount Elgon 
     in March 2008, and the responsible individuals are being 
     brought to justice.
       (h) Sudan Limitation on Assistance.--
       (1) Subject to paragraph (2):
       (A) Notwithstanding any other provision of law, none of the 
     funds appropriated by this Act may be made available for 
     assistance for the Government of Sudan unless the Secretary 
     of State certifies to the Committees on Appropriations that 
     such government--
       (i) has lifted the state of emergency in Darfur;
       (ii) is cooperating with and participating in good faith in 
     an internationally recognized peace process for Darfur;
       (iii) is permitting access and freedom of movement for the 
     United Nations/African Union Hybrid Mission in Darfur and the 
     delivery of humanitarian assistance in Darfur, and is 
     respecting international humanitarian law;
       (iv) is not engaging in provocative military operations 
     within Sudan or cross-border destabilization; and
       (v) has reached a mutually acceptable agreement with the 
     Republic of South Sudan regarding the status of Abyei and 
     other outstanding issues related to implementation of the 
     Comprehensive Peace Agreement (CPA), including matters 
     related to oil revenues and the transit of oil.
       (B) None of the funds appropriated by this Act may be made 
     available for the cost, as defined in section 502, of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees held by the Government of Sudan, including the 
     cost of selling, reducing, or canceling amounts owed to the 
     United States, and modifying concessional loans, guarantees, 
     and credit agreements.
       (2) The limitations of paragraph (1) shall not apply to--
       (A) humanitarian assistance;
       (B) assistance for the Darfur region, Southern Kordofan, 
     Blue Nile, White Nile, Sennar, other marginalized areas in 
     Sudan, and the Abyei area; and
       (C) assistance to support implementation of the CPA, 
     mutually agreed upon arrangements related to post-referendum 
     issues associated with the CPA, or to promote peace and 
     stability between Sudan and the Republic of South Sudan, or 
     any other internationally recognized viable peace agreement 
     in Sudan.
       (i) South Sudan.--
       (1) Funds appropriated by this Act should be made available 
     for assistance for South Sudan including to increase 
     agricultural productivity, expand educational opportunities 
     especially for girls, strengthen democratic institutions and 
     the rule of law, and enhance the capacity of the Federal 
     Legislative Assembly to conduct oversight over government 
     revenues and expenditures.
       (2) Not less than 15 days prior to the obligation of funds 
     appropriated by this Act that are available for assistance 
     for the Government of South Sudan, the Secretary of State 
     shall submit a report to the Committees on Appropriations 
     detailing the extent to which the Government of South Sudan 
     is--
       (A) supporting freedom of expression, the establishment of 
     democratic institutions including an independent judiciary, 
     parliament, and security forces that are accountable to 
     civilian authority; and
       (B) investigating and punishing members of security forces 
     who have violated human rights.
       (3) The Secretary of State shall seek to obtain regular 
     audits of the financial accounts of the Government of South 
     Sudan to ensure transparency and accountability of funds, 
     including revenues from the extraction of oil and gas, and 
     the timely, public disclosure of such audits:  Provided, That 
     the Secretary should assist the Government of South Sudan in 
     conducting such audits, and by providing technical assistance 
     to enhance the capacity of the National Auditor Chamber to 
     carry out its responsibilities, and shall submit a report not 
     later than 90 days after enactment of this Act to the 
     Committees on Appropriations detailing the steps that will be 
     taken by the Government of South Sudan, which are additional 
     to those taken in the previous fiscal year, to improve 
     natural resource management and ensure transparency and 
     accountability of funds.
       (j) Uganda.--Of the funds appropriated by this Act under 
     the headings ``Development Assistance'' and ``International 
     Narcotics Control and Law Enforcement'', not less than 
     $1,000,000 shall be made available to improve physical 
     access, telecommunications infrastructure, and early-warning 
     mechanisms in areas affected by the Lord's Resistance Army 
     (LRA), and not less than $1,000,000 shall be made available 
     to support the disarmament, demobilization and reintegration 
     of former LRA combatants, especially child soldiers.
       (k) War Crimes in Africa.--
       (1) The Congress reaffirms its support for the efforts of 
     the International Criminal Tribunal for Rwanda (ICTR) and the 
     Special Court for Sierra Leone (SCSL) to bring to justice 
     individuals responsible for war crimes and crimes against 
     humanity in a timely manner.
       (2) Funds appropriated by this Act, including funds for 
     debt restructuring, may be made available for assistance for 
     the central government of a country in which individuals 
     indicted by the ICTR and the SCSL are credibly alleged to be 
     living, if the Secretary of State determines and reports to 
     the Committees on Appropriations that such government is 
     cooperating with the ICTR and the SCSL, including the 
     apprehension, surrender, and transfer of indictees in a 
     timely manner:  Provided, That this subsection shall not 
     apply to assistance provided under section 551 of the Foreign 
     Assistance Act of 1961 or to project assistance under title 
     VI of this Act:  Provided further, That the United States 
     shall use its voice and vote in the United Nations Security 
     Council to fully support efforts by the ICTR and the SCSL to 
     bring to justice individuals indicted by such tribunals in a 
     timely manner.
       (3) The prohibition in paragraph (2) may be waived on a 
     country-by-country basis if the President determines that 
     doing so is in the national security interest of the United 
     States:  Provided, That prior to exercising such waiver 
     authority, the President shall submit a report to the 
     Committees on Appropriations, in classified form if 
     necessary, on--
       (A) the steps being taken to obtain the cooperation of the 
     government in apprehending and surrendering the indictee in 
     question to the court of jurisdiction;
       (B) a strategy, including a timeline, for bringing the 
     indictee before such court; and
       (C) the justification for exercising the waiver authority.
       (l) Zimbabwe.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive director of each international financial 
     institution to vote against any extension by the respective 
     institution of any loans or grants to the Government of 
     Zimbabwe, except to meet basic human needs or to promote 
     democracy, unless the Secretary of State determines and 
     reports in writing to the Committees on Appropriations that 
     the rule of law has been restored in Zimbabwe, including 
     respect for ownership and title to property, freedom of 
     speech and association.
       (2) None of the funds appropriated by this Act shall be 
     made available for assistance for the central Government of 
     Zimbabwe, except for health, education, and macroeconomic 
     growth assistance, unless the Secretary of State makes the 
     determination required in paragraph (1).

                                  asia

       Sec. 7062. (a) Tibet.--
       (1) The Secretary of the Treasury should instruct the 
     United States executive director of each international 
     financial institution to use the voice and vote of the United 
     States to support projects in Tibet if such projects do not 
     provide incentives for the migration and settlement of non-
     Tibetans into Tibet or facilitate the transfer of ownership 
     of Tibetan land and natural resources to non-Tibetans; are 
     based on a thorough needs-assessment; foster self-sufficiency 
     of the Tibetan people and respect Tibetan culture and 
     traditions; and are subject to effective monitoring.
       (2) Notwithstanding any other provision of law, not less 
     than $7,500,000 of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'' should be made 
     available to nongovernmental organizations to support 
     activities which preserve cultural traditions and promote 
     sustainable development and environmental conservation in 
     Tibetan communities in the Tibetan Autonomous Region and in 
     other Tibetan communities in China.
       (b) Burma.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive directors of the international financial 
     institutions to vote against any loan, agreement, or other 
     financial support for Burma.
       (2) Funds appropriated by this Act may be made available 
     for assistance for Burma notwithstanding any other provision 
     of law, except no such funds shall be made available to the 
     State Peace and Development Council, or its successor, and 
     its affiliated organizations:  Provided, That such funds 
     shall be made available to support programs in Burma, along 
     Burma's borders, and for Burmese groups and organizations 
     located outside Burma:  Provided further, That not less

[[Page 17501]]

     than $5,000,000 shall be made available for community-based 
     organizations operating in Thailand to provide food, medical, 
     and other humanitarian assistance to internally displaced 
     persons in eastern Burma, in addition to assistance for 
     Burmese refugees appropriated under the heading ``Migration 
     and Refugee Assistance'' in this Act:  Provided further, That 
     any new program or activity initiated with funds made 
     available by this Act shall be subject to prior consultation 
     with the Committees on Appropriations, and all such funds 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (c) Cambodia.--Funds made available in this Act for a 
     United States contribution to a Khmer Rouge tribunal may only 
     be made available if the Secretary of State certifies to the 
     Committees on Appropriations that the United Nations and the 
     Government of Cambodia are taking effective steps to address 
     allegations of corruption and mismanagement within the 
     tribunal.
       (d) Indonesia.--
       (1) Of the funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' that are available for 
     assistance for Indonesia, $2,000,000 may not be obligated 
     until the Secretary of State submits to the Committees on 
     Appropriations the report on Indonesia required under such 
     heading in the report accompanying this Act.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'' that are available for assistance 
     for Indonesia, not less than $400,000 should be made 
     available for grants for capacity building of Indonesian 
     human rights organizations, including in Papua.
       (e) People's Republic of China.--
       (1) None of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' in this Act may be 
     obligated or expended for processing licenses for the export 
     of satellites of United States origin (including commercial 
     satellites and satellite components) to the People's Republic 
     of China unless, at least 15 days in advance, the Committees 
     on Appropriations are notified of such proposed action.
       (2) The terms and requirements of section 620(h) of the 
     Foreign Assistance Act of 1961 shall apply to foreign 
     assistance projects or activities of the People's Liberation 
     Army (PLA) of the People's Republic of China, to include such 
     projects or activities by any entity that is owned or 
     controlled by, or an affiliate of, the PLA:  Provided, That 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act may be used to finance any grant, 
     contract, or cooperative agreement with the PLA, or any 
     entity that the Secretary of State has reason to believe is 
     owned or controlled by, or an affiliate of, the PLA.
       (3) Notwithstanding any other provision of law and subject 
     to prior consultation with, and the regular notification 
     procedures of, the Committees on Appropriations, of the funds 
     appropriated under the heading ``Economic Support Fund'', not 
     less than $20,000,000 shall be made available to United 
     States institutions of higher education and nongovernmental 
     organizations for programs and activities in the People's 
     Republic of China relating to democracy, governance, rule of 
     law, and the environment.
       (f) Philippines.--Of the funds appropriated by this Act 
     under the heading ``Foreign Military Financing Program'' that 
     are available for assistance for the Philippines, $3,000,000 
     may not be obligated until the Secretary of State submits to 
     the Committees on Appropriations the report on the 
     Philippines required under such heading in the report 
     accompanying this Act.
       (g) Timor-Leste.--Of the funds appropriated by this Act 
     under the heading ``Economic Support Fund'', not less than 
     $1,000,000 shall be made available for higher education 
     scholarships in Timor-Leste.
       (h) Vietnam.--Of the funds appropriated under the heading 
     ``Economic Support Fund'', not less than $15,000,000 shall be 
     made available for remediation of dioxin contaminated sites 
     in Vietnam and may be made available for assistance for the 
     Government of Vietnam, including the military, for such 
     purposes, and not less than $5,000,000 under the heading 
     ``Development Assistance'' shall be made available for 
     related health/disability activities.

             independent states of the former soviet union

       Sec. 7063. (a) None of the funds appropriated under the 
     heading ``Assistance for Europe, Eurasia and Central Asia'' 
     may be made available for assistance for a government of an 
     Independent State of the former Soviet Union if that 
     government directs any action in violation of the territorial 
     integrity or national sovereignty of any other Independent 
     State of the former Soviet Union, such as those violations 
     included in the Helsinki Final Act, unless the Secretary of 
     State determines that to do so is in the national security 
     interests of the United States.
       (b) Funds appropriated under the heading ``Assistance for 
     Europe, Eurasia and Central Asia'' for the Russian 
     Federation, Armenia, Azerbaijan, Kazakhstan, and Uzbekistan 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (c) Section 907 of the FREEDOM Support Act shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201 or nonproliferation assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.

                              central asia

       Sec. 7064.  The terms and conditions of sections 7075(a) 
     through (d) and 7076(a) through (e) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2009 (division H of Public Law 111-8) 
     shall apply to funds appropriated by this Act, except that 
     the Secretary of State may waive the application of section 
     7076(a) for a period of not more than 6 months and every 6 
     months thereafter until September 30, 2013, if the Secretary 
     certifies to the Committees on Appropriations that the waiver 
     is in the national security interest and necessary to obtain 
     access to and from Afghanistan for the United States, and the 
     waiver includes an assessment of progress, if any, by the 
     Government of Uzbekistan in meeting the requirements in 
     section 7076(a):  Provided, That the Secretary of State, in 
     consultation with the Secretary of Defense, shall submit a 
     report to the Committees on Appropriations not later than 180 
     days after enactment of this Act and 12 months thereafter, on 
     all United States Government assistance provided to the 
     Government of Uzbekistan and expenditures made in support of 
     the Northern Distribution Network in Uzbekistan, including 
     any credible information that such assistance or expenditures 
     are being diverted for corrupt purposes:  Provided further, 
     That information provided in the report required by the 
     previous proviso may be provided in a classified annex and 
     such annex shall indicate the basis for such classification:  
     Provided further, That for the purposes of the application of 
     section 7075(c) to this Act, the report shall be submitted 
     not later than October 1, 2012 and for the purposes of the 
     application of section 7076(e) to this Act, the term 
     ``assistance'' shall not include expanded international 
     military education and training.

                               south asia

       Sec. 7065. (a) Afghanistan.--
       (1) Limitation.--None of the funds appropriated or 
     otherwise made available by this Act under the headings 
     ``Economic Support Fund'' and ``International Narcotics 
     Control and Law Enforcement'' may be obligated for assistance 
     for the Government of Afghanistan until the Secretary of 
     State, in consultation with the Administrator of the United 
     States Agency for International Development (USAID), 
     certifies and reports to the Committees on Appropriations 
     that--
       (A) The funds will be used to support programs and 
     activities that can be sustained by Afghan national, 
     provincial or local governments.
       (B) The Government of Afghanistan is--
       (i) reducing corruption and improving governance, including 
     by investigating, prosecuting, sanctioning and/or removing 
     corrupt officials from office and implementing financial 
     transparency and accountability measures for government 
     institutions and officials (including the Central Bank) as 
     well as conducting oversight of public resources; and
       (ii) taking credible steps to protect the human rights of 
     Afghan women.
       (C) Funds will be used to support and strengthen the 
     capacity of Afghan public and private institutions and 
     entities to reduce corruption and to improve transparency and 
     accountability of national, provincial and local governments.
       (D) Representatives of Afghan national, provincial or local 
     governments, and local communities and civil society 
     organizations, including women-led organizations, will be 
     consulted and participate in the design of programs, 
     projects, and activities, including participation in 
     implementation and oversight, and the development of specific 
     benchmarks to measure progress and outcomes.
       (2) Direct government-to-government assistance.--
       (A) Funds appropriated or otherwise made available by this 
     Act for assistance for Afghanistan may not be made available 
     for direct government-to-government assistance unless the 
     Secretary of State certifies to the Committees on 
     Appropriations that the relevant Afghan implementing agency 
     has been assessed and considered qualified to manage such 
     funds and the Government of the United States and the 
     Government of Afghanistan have agreed, in writing, to 
     achievable and sustainable goals, benchmarks for measuring 
     progress, and expected results for the use of such funds, and 
     have established mechanisms

[[Page 17502]]

     within each implementing agency to ensure that such funds are 
     used for the purposes for which they were intended:  
     Provided, That the assessment procedures of the Department of 
     State and USAID shall be standardized and provide reasonable 
     assurance of detecting significant vulnerabilities that could 
     result in the waste or misuse of United States funds:  
     Provided further, That the Secretary of State should suspend 
     any direct government-to-government assistance to an 
     implementing agency if the Secretary has credible information 
     of misuse of such funds by any such agency:  Provided 
     further, That any such assistance shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations.
       (B) Funds appropriated or otherwise made available by this 
     Act for assistance for Afghanistan may be made available as a 
     United States contribution to the Afghanistan Reconstruction 
     Trust Fund (ARTF) unless the Secretary of State determines 
     and reports to the Committees on Appropriations that the 
     World Bank Monitoring Agent of the ARTF is unable to conduct 
     its financial control and audit responsibilities due to 
     restrictions on security personnel by the Government of 
     Afghanistan.
       (3) Assistance and operations.--
       (A) Funds appropriated under the headings ``Economic 
     Support Fund'' and ``International Narcotics Control and Law 
     Enforcement'' in this Act that are available for assistance 
     for Afghanistan--
       (i) shall be made available, to the maximum extent 
     practicable, in a manner that emphasizes the participation of 
     Afghan women, and directly improves the security, economic 
     and social well-being, and political status, and protects the 
     rights of, Afghan women and girls and complies with sections 
     7056 and 7057 of this Act, including support for the Afghan 
     Independent Human Rights Commission, the Afghan Ministry of 
     Women's Affairs, and women-led organizations.
       (ii) may be made available for a United States contribution 
     to an internationally managed fund to support the 
     reconciliation with and disarmament, demobilization and 
     reintegration into Afghan society of former combatants who 
     have renounced violence against the Government of 
     Afghanistan:  Provided, That funds may be made available to 
     support reconciliation and reintegration activities only if:

       (I) Afghan women are participating at national, provincial 
     and local levels of government in the design, policy 
     formulation and implementation of the reconciliation or 
     reintegration process, and such process upholds steps taken 
     by the Government of Afghanistan to protect the human rights 
     of Afghan women; and
       (II) such funds will not be used to support any pardon or 
     immunity from prosecution, or any position in the Government 
     of Afghanistan or security forces, for any leader of an armed 
     group responsible for crimes against humanity, war crimes, or 
     acts of terrorism;

       (iii) may be made available for a United States 
     contribution to the North Atlantic Treaty Organization/
     International Security Assistance Force Post-Operations 
     Humanitarian Relief Fund; and
       (iv) may be made available, notwithstanding any provision 
     of law that restricts assistance to foreign countries, for 
     cross border stabilization and development programs between 
     Afghanistan and Pakistan or between either country and the 
     Central Asian republics.
       (B) The authority contained in section 1102(c) of Public 
     Law 111-32 shall continue in effect during fiscal year 2012 
     and shall apply as if part of this Act.
       (C)(i) Of the funds appropriated by this Act that are made 
     available for assistance for Afghanistan, not less than 
     $75,000,000 shall be made available for rule of law programs: 
      Provided, That decisions on the uses of such funds shall be 
     the responsibility of the Coordinator for Rule of Law, in 
     consultation with the Interagency Planning and Implementation 
     Team, at the United States Embassy in Kabul, Afghanistan:  
     Provided further, That $250,000 of such funds shall be 
     transferred to, and merged with, funds appropriated under the 
     heading ``Office of Inspector General'' in title I of this 
     Act for oversight of such programs and activities.
       (ii) The Coordinator for Rule of Law at the United States 
     Embassy in Kabul, Afghanistan shall be consulted on the use 
     of all funds appropriated by this Act for rule of law 
     programs in Afghanistan.
       (D) None of the funds made available by this Act may be 
     used by the United States Government to enter into a 
     permanent basing rights agreement between the United States 
     and Afghanistan.
       (E) Any significant modification to the scope, objectives 
     or implementation mechanisms of United States assistance 
     programs in Afghanistan shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations, except that the prior 
     consultation requirement may be waived in a manner consistent 
     with section 7015(e) of this Act.
       (F) None of the funds appropriated by this Act under the 
     heading ``Economic Support Fund'' may be made available for 
     transportation infrastructure in Afghanistan unless the 
     Secretary of State reports to the Committees on 
     Appropriations that the Government of Afghanistan has 
     established a standardized rail gauge consistent with that 
     utilized by Central Asian states, including Uzbekistan:  
     Provided, That the Secretary of State may waive the 
     requirement of this paragraph if the Secretary of State 
     reports to the Committees on Appropriations that to do so is 
     important to the national security interests of the United 
     States.
       (G) Not later than 90 days after enactment of this Act, the 
     Secretary of State shall report to the Committees on 
     Appropriations whether an International Monetary Fund (IMF) 
     country program for Afghanistan has been established:  
     Provided, That if such program has not been established by 
     that date, the report required by this paragraph shall 
     include specific actions requested by the IMF, and taken by 
     the Government of Afghanistan, to address the Kabul Bank 
     crisis and restore confidence in Afghanistan's banking 
     sector.
       (4) Oversight.--
       (A) The Special Inspector General for Afghanistan 
     Reconstruction, the Inspector General of the Department of 
     State and the Inspector General of USAID, shall jointly 
     develop and submit to the Committees on Appropriations within 
     45 days of enactment of this Act a coordinated audit and 
     inspection plan of United States assistance for, and civilian 
     operations in, Afghanistan.
       (B) The USAID Administrator should provide for independent, 
     transparent evaluations of assistance programs and activities 
     in Afghanistan which exceed $25,000,000.
       (b) Nepal.--
       (1) Funds appropriated by this Act under the headings 
     ``Foreign Military Financing Program'' and ``Peacekeeping 
     Operations'' may be made available for assistance for Nepal 
     only if the Secretary of State certifies to the Committees on 
     Appropriations that the Nepal Army is--
       (A) cooperating fully with investigations and prosecutions 
     by civilian judicial authorities of violations of human 
     rights; and
       (B) working constructively to redefine the Nepal Army's 
     mission and adjust its size accordingly, implement reforms 
     including strengthening the capacity of the civilian ministry 
     of defense to improve budget transparency and accountability, 
     and facilitate the integration of former rebel combatants 
     into the security forces including the Nepal Army, consistent 
     with the goals of reconciliation, peace and stability.
       (2) The conditions in paragraph (1) shall not apply to 
     assistance for humanitarian relief and reconstruction 
     activities in Nepal.
       (c) Pakistan.--
       (1) Direct government-to-government assistance.--Funds 
     appropriated by this Act for assistance for Pakistan may be 
     made available for direct government-to-government assistance 
     only if the Secretary of State certifies to the Committees on 
     Appropriations that the Government of the United States and 
     the Government of Pakistan have agreed, in writing, to 
     achievable and sustainable goals, benchmarks for measuring 
     progress, and expected results for the use of such funds, and 
     have established mechanisms within each implementing agency 
     to ensure that such funds are used for the purposes for which 
     they were intended:  Provided, That the Secretary of State 
     should suspend any direct government-to-government assistance 
     to an implementing agency if the Secretary has credible 
     information of misuse of such funds by any such agency:  
     Provided further, That funds made available pursuant to this 
     subparagraph shall be subject to prior consultation with, and 
     the regular notification procedures of, the Committees on 
     Appropriations.
       (2) Infrastructure projects.--Funds appropriated under the 
     heading ``Economic Support Fund'' in this Act that are made 
     available for assistance for infrastructure projects in 
     Pakistan shall be implemented in a manner consistent with 
     section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
       (3) Military assistance.--Funds appropriated by this Act 
     under the headings ``Foreign Military Financing Program'' and 
     ``Pakistan Counter-insurgency Capability Fund'' that are 
     available for assistance for Pakistan may be made available 
     only to support counter-terrorism and counter-insurgency 
     operations in Pakistan, and are subject to section 620M of 
     the Foreign Assistance Act of 1961, as amended by this Act.
       (4) Certification and report.--
       (A) Certification.--
       (i) Prior to the obligation of funds in titles III and IV 
     and under the heading ``Pakistan Counter-Insurgency 
     Capability Fund'' in this Act for assistance for the 
     Government of Pakistan, the Secretary of State shall certify 
     to the Committees on Appropriations that the Government of 
     Pakistan is--

       (I) cooperating with the United States in efforts against 
     the Haqqani Network, the Quetta Shura Taliban, Lashkar e-
     Tayyiba, Al Qaeda and other domestic and foreign terrorist 
     organizations, including taking steps to end support for such 
     groups and prevent them from operating in Pakistan and 
     carrying out cross border attacks into neighboring countries;
       (II) not impeding the issuance of visas for United States 
     visitors engaged in counterterrorism efforts and assistance 
     programs, in Pakistan; and

[[Page 17503]]

       (III) providing humanitarian organizations access to 
     detainees, internally displaced persons, and other Pakistani 
     civilians affected by the conflict.

       (ii) The Secretary of State may waive the requirements of 
     paragraph (i) if to do so is in the national security 
     interests of the United States.
       (B) Report.--The spend plan required by section 7083 of 
     this Act for assistance for Pakistan shall include achievable 
     and sustainable goals, benchmarks for measuring progress, and 
     expected results regarding furthering the development of 
     Pakistan, countering extremism, and establishing conditions 
     conducive to the rule of law and accountable governance:  
     Provided, That not later than 6 months after submission of 
     such spend plan, and each 6 months thereafter until September 
     30, 2013, the Secretary of State shall submit a report on the 
     status of achieving the goals and benchmarks in the spend 
     plan:  Provided further, That the Secretary of State should 
     suspend assistance for the Government of Pakistan if any such 
     report indicates that Pakistan is failing to make measurable 
     progress in meeting any such goal or benchmark.
       (5) Precursor chemicals.--Funds appropriated under the 
     heading ``Economic Support Fund'' that are available for 
     assistance for Pakistan should be made available to stop the 
     flow of precursor materials used to manufacture Improvised 
     Explosive Devices, including calcium ammonium nitrate, from 
     Pakistan to Afghanistan, including programs to train border 
     and customs officials in Pakistan and Afghanistan as well as 
     agricultural extension programs that encourage alternative 
     fertilizers among Pakistani farmers.
       (6) Human rights and democracy.--Of the funds appropriated 
     under the heading ``Economic Support Fund'' in this Act for 
     assistance for Pakistan $5,000,000 shall be made available 
     through the Bureau of Democracy, Human Rights and Labor, 
     Department of State, for human rights and democracy programs 
     in Pakistan, including training of government officials and 
     security forces, and assistance for human rights 
     organizations and the development of democratic political 
     parties.
       (7) Chief of mission.--Of the funds appropriated under the 
     heading ``Economic Support Fund'' in this Act for assistance 
     for Pakistan, up to $10,000,000 may be made available to the 
     Chief of Mission to address unanticipated humanitarian needs: 
      Provided, That such funds shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations, except that the prior 
     consultation requirement may be waived in a manner consistent 
     with section 7015(e) of this Act.
       (d) Sri Lanka.--
       (1) None of the funds appropriated by this Act under the 
     headings ``Foreign Military Financing Program'' and 
     ``Peacekeeping Operations'' may be made available for 
     assistance for Sri Lanka, no defense export license may be 
     issued, and no military equipment or technology shall be sold 
     or transferred to Sri Lanka pursuant to the authorities 
     contained in this Act or any other Act, unless the Secretary 
     of State certifies to the Committees on Appropriations that 
     the Government of Sri Lanka is--
       (A) conducting credible, thorough investigations of alleged 
     war crimes and violations of international humanitarian law 
     by government forces and the Liberation Tigers of Tamil 
     Eelam;
       (B) bringing to justice individuals who have been credibly 
     alleged to have committed such violations;
       (C) supporting and cooperating with any United Nations 
     investigation of alleged war crimes and violations of 
     international humanitarian law;
       (D) respecting due process, the rights of journalists, and 
     the rights of citizens to peaceful expression and 
     association, including ending arrest and detention under 
     emergency regulations;
       (E) providing access to detainees by humanitarian 
     organizations; and
       (F) implementing policies to promote reconciliation and 
     justice including devolution of power as provided for in the 
     Constitution of Sri Lanka.
       (2) Paragraph (2) shall not apply to assistance for 
     humanitarian demining and aerial and maritime surveillance.
       (3) If the Secretary makes the certification required in 
     paragraph (2), funds appropriated under the heading ``Foreign 
     Military Financing Program'' that are made available for 
     assistance for Sri Lanka should be used to support the 
     recruitment and training of Tamils into the Sri Lankan 
     military, Tamil language training for Sinhalese military 
     personnel, and human rights training for all military 
     personnel.
       (4) The Secretary of the Treasury shall instruct the United 
     States executive directors of the international financial 
     institutions to vote against any loan, agreement, or other 
     financial support for Sri Lanka except to meet basic human 
     needs, unless the Secretary of State certifies to the 
     Committees on Appropriations that the Government of Sri Lanka 
     is meeting the requirements in paragraph (2)(D), (E), and (F) 
     of this subsection.

                            enterprise funds

       Sec. 7066. (a) Prior to the distribution of any assets 
     resulting from any liquidation, dissolution, or winding up of 
     an Enterprise Fund, in whole or in part, the President shall 
     submit to the Committees on Appropriations, in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations, a plan for the distribution of the assets of 
     the Enterprise Fund.
       (b) Funds made available under titles III through VI of 
     this Act for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities and shall be subject to the regular 
     notification procedures of the Committees on Appropriations.

                overseas private investment corporation

                     (including transfer of funds)

       Sec. 7067. (a) Whenever the President determines that it is 
     in furtherance of the purposes of the Foreign Assistance Act 
     of 1961, up to a total of $20,000,000 of the funds 
     appropriated under title III of this Act may be transferred 
     to, and merged with, funds appropriated by this Act for the 
     Overseas Private Investment Corporation Program Account, to 
     be subject to the terms and conditions of that account:  
     Provided, That such funds shall not be available for 
     administrative expenses of the Overseas Private Investment 
     Corporation:  Provided further, That designated funding 
     levels in this Act shall not be transferred pursuant to this 
     section:  Provided further, That the exercise of such 
     authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (b) Notwithstanding section 235(a)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority 
     of subsections (a) through (c) of section 234 of such Act 
     shall remain in effect.

                              extradition

       Sec. 7068. (a) None of the funds appropriated in this Act 
     may be used to provide assistance (other than funds provided 
     under the headings ``International Narcotics Control and Law 
     Enforcement'', ``Migration and Refugee Assistance'', 
     ``Emergency Migration and Refugee Assistance'', and 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Assistance'') for the central government of a country which 
     has notified the Department of State of its refusal to 
     extradite to the United States any individual indicted for a 
     criminal offense for which the maximum penalty is life 
     imprisonment without the possibility of parole or for killing 
     a law enforcement officer, as specified in a United States 
     extradition request.
       (b) Subsection (a) shall only apply to the central 
     government of a country with which the United States 
     maintains diplomatic relations and with which the United 
     States has an extradition treaty and the government of that 
     country is in violation of the terms and conditions of the 
     treaty.
       (c) The Secretary of State may waive the restriction in 
     subsection (a) on a case-by-case basis if the Secretary 
     certifies to the Committees on Appropriations that such 
     waiver is important to the national interests of the United 
     States.

                climate change and environment programs

       Sec. 7069. (a) In General.--Of the funds appropriated by 
     this Act, up to $1,250,000,000 may be made available for 
     programs and activities to--
       (1) reduce, mitigate, and sequester greenhouse gases that 
     contribute to global climate change;
       (2) support climate change adaptation; and
       (3) protect biodiversity, including wildlife, tropical 
     forests, and other critical landscapes.
       (b) Uses of Clean Energy Funding.--Funds appropriated by 
     this Act under the headings ``Development Assistance'', 
     ``Economic Support Fund'', and ``Assistance for Europe, 
     Eurasia and Central Asia'' for clean energy programs and 
     activities, may be made available only to support and promote 
     the sustainable use of renewable energy technologies and end-
     use energy efficiency technologies, carbon sequestration, and 
     carbon accounting.
       (c) Tropical Forest Programs.--Funds appropriated under 
     title III of this Act for tropical forest programs shall be 
     used to protect biodiversity, including not less than 
     $2,000,000 to implement and enforce section 8204 of Public 
     Law 110-246, shall not be used to support or promote the 
     expansion of industrial scale logging into primary tropical 
     forests, and shall be subject to prior consultation with, and 
     the regular notification procedures of, the Committees on 
     Appropriations:  Provided, That of the funds that are 
     available for the Central African Regional Program for the 
     Environment (CARPE) and other tropical forest programs in the 
     Congo Basin, not less than $9,000,000 shall be apportioned 
     directly to the United States Fish and Wildlife Service to 
     implement such programs:  Provided further, That not less 
     than $10,000,000 shall be made available for biodiversity 
     conservation programs in the Brazilian Amazon, not less than 
     $15,000,000 shall be made available for such programs in the 
     Andean Amazon, and not less than $1,000,000 shall be 
     apportioned directly to the Department of the Interior for 
     programs in the Guatemala Mayan Biosphere Reserve.
       (d) Authority.--Funds appropriated by this Act to carry out 
     the provisions of sections 103 through 106, and chapter 4 of 
     part

[[Page 17504]]

     II, of the Foreign Assistance Act of 1961 may be used, 
     notwithstanding any other provision of law except for the 
     provisions of this section and subject to the regular 
     notification procedures of the Committees on Appropriations, 
     to support climate change and environment programs.
       (e) Consultation.--Funds made available pursuant to this 
     section are subject to prior consultation with, and the 
     regular notification procedures of, the Committees on 
     Appropriations.
       (f) Extraction of Natural Resources.--
       (1) Funds appropriated by this Act shall be made available 
     to promote and support transparency and accountability of 
     expenditures and revenues related to the extraction of 
     natural resources, including by strengthening implementation 
     and monitoring of the Extractive Industries Transparency 
     Initiative, section 8204 of Public Law 110-246, and the 
     Kimberley Process Certification Scheme, and by providing 
     technical assistance to promote independent audit mechanisms 
     and support civil society participation in natural resource 
     management.
       (2)(A) The Secretary of the Treasury shall inform the 
     managements of the international financial institutions and 
     post on the Department of the Treasury's Web site that it is 
     the policy of the United States to vote against any 
     assistance by such institutions (including but not limited to 
     any loan, credit, grant, or guarantee) for the extraction and 
     export of a natural resource if the government of the country 
     has in place laws or regulations to prevent or limit the 
     public disclosure of company payments as required by section 
     1504 of Public Law 111-203, and unless such government has in 
     place functioning systems in the sector in which assistance 
     is being considered for:
       (i) accurately accounting for and public disclosure of 
     payments to the host government by companies involved in the 
     extraction and export of natural resources;
       (ii) the independent auditing of accounts receiving such 
     payments and public disclosure of the findings of such 
     audits;
       (iii) public disclosure of such documents as Host 
     Government Agreements, Concession Agreements, and bidding 
     documents, allowing in any such dissemination or disclosure 
     for the redaction of, or exceptions for, information that is 
     commercially proprietary or that would create competitive 
     disadvantage.
       (B) The requirements of subparagraph (A) shall not apply to 
     assistance for the purpose of building the capacity of such 
     government to meet the requirements of this paragraph.
       (C) Not later than 180 days after enactment of this Act, 
     the Secretary of the Treasury shall 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, 
     whether each institution considered, in providing such 
     assistance, the extent to which the country has functioning 
     systems, laws or regulations in place to prevent or limit 
     disclosure of company payments as described in subparagraph 
     (A).
       (3) The Secretary of the Treasury or the Secretary of 
     State, as appropriate, shall instruct the United States 
     executive director of each international financial 
     institution and the United States representatives to all 
     forest-related multilateral financing mechanisms and 
     processes, that it is the policy of the United States to vote 
     against the expansion of industrial scale logging into 
     primary tropical forests.
       (g) Clean Technology Fund.--
       (1) Authorization of appropriations.--For fiscal year 2011, 
     up to $350,000,000 is authorized to be appropriated for a 
     United States contribution to the Clean Technology Fund (the 
     Fund).
       (2) Limits on country access.--The Secretary of the 
     Treasury shall use the voice and vote of the United States to 
     ensure that--
       (A) the Fund does not provide more than 15 percent of Fund 
     resources to any one country;
       (B) prior to the obligation of funds from the Fund to a 
     recipient country, recipient countries shall submit to the 
     governing body of the Fund, and the governing body of the 
     Fund appropriately reviews and considers, an investment plan 
     that will achieve significant net reductions in national-
     level greenhouse gas emissions;
       (C) the investment plan for a recipient country, whose 
     borrowing status is classified by the World Bank as 
     ``International Development Association blend'', shall have 
     at least 15 percent of its total cost for public sector 
     activities contributed from the public funds of the recipient 
     country, and any recipient country whose borrowing status is 
     classified by the World Bank as ``International Bank for 
     Reconstruction and Development Only'' status, shall have at 
     least 25 percent of its total cost for public sector 
     activities contributed from public funds of the recipient 
     country; and
       (D) assistance made available by the Fund is used 
     exclusively to support the deployment of clean energy 
     technologies in developing countries (including, where 
     appropriate, through the provision of technical support or 
     support for policy or institutional reforms) in a manner that 
     achieves substantial net reductions in greenhouse gas 
     emissions.
       (3) Definitions.--For purposes of this subsection the 
     definitions contained in section 7081(g)(4) of division F of 
     Public Law 111-117 shall apply to this Act, except that 
     ``Public Sector Activities'' shall mean ``Public Funds''.

                  prohibition on promotion of tobacco

       Sec. 7070.  None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.

                 commercial leasing of defense articles

       Sec. 7071.  The second sentence of section 23(a) of the 
     Arms Export Control Act, as amended, (Public Law 96-29) is 
     further amended by striking ``and Egypt'' and inserting ``, 
     Egypt, and NATO and major non-NATO allies''.

                    international prison conditions

       Sec. 7072. (a) Not later than 180 days after enactment of 
     this Act, the Secretary of State shall submit to the 
     Committees on Appropriations a report, which shall also be 
     made publicly available including on the Department of 
     State's Web site, describing the conditions in prisons and 
     other detention facilities in at least 30 countries receiving 
     United States assistance, of which 15 countries shall be 
     selected based on the Secretary's determination that such 
     conditions raise the most serious human rights or 
     humanitarian concerns, and 15 countries shall be selected at 
     random.
       (b) For purposes of each determination made pursuant to 
     subsection (a), the Secretary shall consider the criteria 
     listed in section 7085(b)(1 through 10) of division F of 
     Public Law 111-117.
       (c) Funds appropriated by this Act to carry out the 
     provisions of chapters 1 and 11 of part I and chapter 4 of 
     part II of the Foreign Assistance Act of 1961, and the 
     Support for East European Democracy (SEED) Act of 1989, shall 
     be made available, notwithstanding section 660 of the Foreign 
     Assistance Act of 1961, for assistance to eliminate inhumane 
     conditions in foreign prisons and other detention facilities.

           transparency, accountability and anti-kleptocracy

       Sec. 7073. (a) United Nations.--
       (1) The Secretary of State, following consultation with the 
     Committees on Appropriations, may withhold from obligation 
     funds appropriated under the heading ``International 
     Organizations and Programs'' for a United States contribution 
     to a United Nations organization or agency if the Secretary 
     determines that such organization or agency is not taking 
     adequate steps to increase transparency and accountability.
       (2) Not later than 45 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing steps taken by the Global Fund to 
     Fight AIDS, Tuberculosis, and Malaria (the Global Fund) to:
       (A) maintain and adopt, as necessary, policies and 
     practices to ensure transparency of expenditures, including 
     the authority of the Global Fund Office of Inspector General 
     (OIG) to publish OIG reports on a public Web site without 
     restriction;
       (B) ensure that the OIG has the necessary staff, budget, 
     independence, and authority to perform functions consistent 
     with its mandate, Charter and Terms of Reference, such as 
     programmatic audits and evaluations, financial audits, and 
     investigations of alleged misuse, misappropriation and fraud 
     involving any Global Fund grant resources; and
       (C) ensure that the Inspector General reports directly to 
     the Global Fund Board without interference.
       (3) Of the funds appropriated under the heading 
     ``Contributions for International Peacekeeping Activities'' 
     in this Act, 10 percent should not be obligated until the 
     Secretary of State reports to the Committees on 
     Appropriations that the United Nations Secretariat and the 
     governments of countries providing troops for peacekeeping 
     missions have procedures and agreements to ensure that 
     allegations of sexual abuse or other serious crimes by 
     peacekeeping troops will be credibly and thoroughly 
     investigated and the perpetrators brought to justice, and 
     that information about such cases will be made publicly 
     available and regularly updated in the country where the 
     alleged crime occurred and on the United Nations' Web site.
       (4) Of the funds appropriated under title I of this Act 
     that are available for payments to the regular budgets of the 
     United Nations and the Organization of American States, and 
     of the funds appropriated under the heading ``International 
     Organizations and Programs'' in this Act that are available 
     for contributions to United Nations agencies, 10 percent 
     should not be obligated for any such organization until the 
     Secretary of State reports to the Committees on 
     Appropriations that the organization is implementing 
     effective practices to protect whistleblowers (including the 
     organization's employees and others affected by the 
     organization's operations) from retaliation for internal and 
     lawful public disclosures, including--

[[Page 17505]]

       (A) best practices for legal burdens of proof;
       (B) access to independent adjudicative bodies, including 
     external arbitration based on consensus selection and shared 
     costs;
       (C) results that eliminate the effects of proven 
     retaliation;
       (D) a minimum of a 6-month statute of limitations for 
     reporting retaliation; and
       (E) the option of making external disclosures in certain 
     instances, in accordance with standards adopted by the United 
     Nations Secretariat on December 19, 2005.
       (5) Of the funds appropriated under the heading 
     ``International Organizations and Programs'' in this Act that 
     are available for a contribution to the United Nations 
     Development Program (UNDP), 10 percent should not be 
     obligated until the Secretary of State reports to the 
     Committees on Appropriations that the UNDP's management is 
     taking the necessary steps to demonstrate UNDP's commitment 
     to make all audit, oversight, and financial information 
     publicly available as soon as possible, and to put in place 
     procedures for publicly reporting on the results of UNDP 
     programs worldwide.
       (6) Notwithstanding any other provision of law, the 
     Secretary of State should suspend United States participation 
     in the United Nations Human Rights Council (the Council) 
     unless the Secretary determines and reports to the Committees 
     on Appropriations that continued participation in the Council 
     is in the national interests of the United States.
       (b) International Monetary Fund.--
       (1) The terms and conditions of section 7086(b)(1) and (2) 
     of division F of Public Law 111-117 shall apply to this Act.
       (2) The Secretary of the Treasury shall instruct the United 
     States Executive Director of the International Monetary Fund 
     (IMF) to seek to ensure that any loan will be repaid to the 
     IMF before other private creditors.
       (3) The Secretary of the Treasury shall seek to ensure that 
     the IMF has adopted and is implementing effective practices 
     to protect whistleblowers (including the IMF's employees, 
     contract employees, consultants, staff of the Board of 
     Executive Directors, and others affected by the IMF's 
     operations) from retaliation for internal and lawful public 
     disclosures, including--
       (A) best practices for legal burdens of proof;
       (B) access to independent adjudicative bodies, including 
     external arbitration based on consensus selection and shared 
     costs;
       (C) results that eliminate the effects of proven 
     retaliation; and
       (D) a minimum of a 6-month statute of limitations for 
     reporting retaliation.
       (c) National Budget and Contract Transparency.--
       (1) Limitation on funding.--None of the funds appropriated 
     under titles III and IV of this Act may be made available to 
     the central government of any country that does not meet 
     minimum standards of fiscal transparency:  Provided, That the 
     Secretary of State shall develop ``minimum standards of 
     fiscal transparency'' to be updated and strengthened, as 
     appropriate, to reflect best practices:  Provided further, 
     That the Secretary shall make an annual determination of 
     ``progress'' or ``no progress'' for countries that do not 
     meet minimum standards of fiscal transparency and make those 
     determinations publicly available on an annual ``Fiscal 
     Transparency Report''.
       (2) Minimum standards of fiscal transparency.--For the 
     purposes of paragraph (1), ``minimum standards of fiscal 
     transparency'' shall include standards for the public 
     disclosure of budget documentation, including receipts and 
     expenditures by ministry, and government contracts and 
     licenses for natural resource extraction, to include bidding 
     and concession allocation practices.
       (3) Waiver.--The Secretary of State may waive the 
     limitation on funding in paragraph (1) on a country-by-
     country basis if the Secretary reports to the Committees on 
     Appropriations that the waiver is important to the national 
     interests of the United States:  Provided, That such waiver 
     shall identify any steps taken by the government of the 
     country to publicly disclose its national budget and 
     contracts which are additional to those which were undertaken 
     in previous fiscal years, include specific recommendations of 
     short and long-term steps such government can take to improve 
     budget transparency, and identify benchmarks for measuring 
     progress.
       (4) Assistance.--Of the funds appropriated under title III 
     of this Act, not less than $5,000,000 should be made 
     available for programs and activities to assist the central 
     governments of countries named in the list required by 
     paragraph (1) to improve budget transparency or to support 
     civil society organizations in such countries that promote 
     budget transparency:  Provided, That such sums shall be in 
     addition to funds otherwise made available for such purposes.
       (d) Anti-kleptocracy.--
       (1) Officials of foreign governments and their immediate 
     family members who the Secretary of State has credible 
     information have been involved in significant corruption, 
     including corruption related to the extraction of natural 
     resources, shall be ineligible for entry into the United 
     States.
       (2) Individuals shall not be ineligible if entry into the 
     United States would further important United States law 
     enforcement objectives or is necessary to permit the United 
     States to fulfill its obligations under the United Nations 
     Headquarters Agreement:  Provided, That nothing in this 
     provision shall be construed to derogate from United States 
     Government obligations under applicable international 
     agreements.
       (3) The Secretary may waive the application of paragraph 
     (1) if the Secretary determines that the waiver would serve a 
     compelling national interest or that the circumstances which 
     caused the individual to be ineligible have changed 
     sufficiently.
       (4) Not later than 90 days after enactment of this Act and 
     180 days thereafter, the Secretary of State shall submit a 
     report, in classified form if necessary, to the Committees on 
     Appropriations describing the information regarding 
     corruption concerning each of the individuals found 
     ineligible pursuant to paragraph (1), a list of any waivers 
     provided under subsection (3), and the justification for each 
     waiver.

                          disability programs

       Sec. 7074. (a) Of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'', not less than 
     $5,000,000 shall be made available for programs and 
     activities administered by the United States Agency for 
     International Development (USAID) to address the needs and 
     protect and promote the rights of people with disabilities in 
     developing countries, including initiatives that focus on 
     independent living, economic self-sufficiency, advocacy, 
     education, employment, transportation, sports, and 
     integration of individuals with disabilities, including for 
     the cost of translation, of which up to $1,000,000 shall be 
     made available to support disability advocacy organizations 
     to provide training and technical assistance for disabled 
     persons organizations in such countries.
       (b) Funds appropriated under the heading ``Operating 
     Expenses'' in title II of this Act shall be 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 in developing 
     countries.
       (c) The Secretary of State, the Secretary of the Treasury, 
     and the USAID Administrator shall seek to ensure that, where 
     practicable, construction projects funded by this Act are 
     accessible to people with disabilities and in compliance with 
     the USAID Policy on Standards for Accessibility for the 
     Disabled, or other similar accessibility standards.
       (d) Of the funds made available pursuant to subsection (a), 
     not more than 7 percent may be for management, oversight, and 
     technical support.

         buying power maintenance, international organizations

       Sec. 7075. (a) There may be established in the Treasury of 
     the United States a ``Buying Power Maintenance, International 
     Organizations'' account.
       (b) At the end of each fiscal year, the Secretary of State 
     may transfer to, and merge with, ``Buying Power Maintenance, 
     International Organizations'' such amounts from 
     ``Contributions to International Organizations'' as the 
     Secretary determines are in excess of the needs of activities 
     funded from ``Contributions to International Organizations'' 
     because of fluctuations in foreign currency exchange rates.
       (c) In order to offset adverse fluctuations in foreign 
     currency exchange rates, the Secretary of State may transfer 
     to, and merge with, ``Contributions to International 
     Organizations'' such amounts from ``Buying Power Maintenance, 
     International Organizations'' as the Secretary determines are 
     necessary to provide for the activities funded from 
     ``Contributions to International Organizations''.
       (d)(1) Subject to the limitations contained in this 
     section, not later than the end of the fifth fiscal year 
     after the fiscal year for which funds are appropriated or 
     otherwise made available for ``Contributions to International 
     Organizations'', the Secretary of State may transfer any 
     unobligated balance of such funds to the ``Buying Power 
     Maintenance, International Organizations'' account.
       (2) The balance of the Buying Power Maintenance, 
     International Organizations account may not exceed 
     $50,000,000 as a result of any transfer under this 
     subsection.
       (3) Any transfer pursuant to this subsection shall be 
     treated as a reprogramming of funds under section 34 of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2706) and shall be available for obligation or expenditure 
     only in accordance with the procedures under such section.
       (e)(1) Funds transferred to the ``Buying Power Maintenance, 
     International Organizations'' account pursuant to this 
     section shall remain available until expended.
       (2) The transfer authorities in this section shall be 
     available for funds appropriated for fiscal year 2012 and for 
     each fiscal year thereafter, and are in addition to any 
     transfer authority otherwise available to the Department of 
     State under other provisions of law.

                   prohibition on first-class travel

       Sec. 7076.  None of the funds made available in this Act 
     may be used for first-class travel by employees of agencies 
     funded by this Act

[[Page 17506]]

     in contravention of sections 301-10.122 through 301-10.124 of 
     title 41, Code of Federal Regulations.

               millennium challenge corporation compacts

       Sec. 7077. (a) Extension of Compacts.--Section 609(j) of 
     the Millennium Challenge Act of 2003 (22 U.S.C. 7708(j)) is 
     amended to read as follows:
       ``(j) Extension of Compact.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the duration of a Compact shall not exceed 5 years.
       ``(2) Exception.--The duration of a Compact may be extended 
     beyond 5 years if the Board--
       ``(A) determines that a project included in the Compact 
     cannot be completed within 5 years; and
       ``(B) approves an extension of the Compact that does not 
     extend the total duration of the Compact beyond 7 years.
       ``(3) Congressional notification.--Not later than 15 days 
     before the date on which the Board is scheduled to vote on 
     the extension of a Compact beyond 5 years pursuant to 
     paragraph (2), the Board, acting through the Chief Executive 
     Officer, shall--
       ``(A) notify the Committees on Appropriations, the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives, 
     of its intent to approve such extension; and
       ``(B) provide such committees with a detailed explanation 
     for the determination and approval described in paragraph 
     (2).''.
       (b) Concurrent and Subsequent Compacts.--Section 609(k) of 
     such Act (22 U.S.C. 7708(k)) is amended to read as follows:
       ``(k) Concurrent and Subsequent Compacts.--
       ``(1) In general.--Subject to paragraph (2), and in 
     accordance with the requirements of this title, an eligible 
     country and the United States may enter into and have in 
     effect concurrent and/or subsequent Compacts.
       ``(2) Requirements.--An eligible country and the United 
     States may enter into concurrent or subsequent Compacts if 
     the Board determines that such country--
       ``(A) is making significant, consistent progress in 
     implementing the terms of its existing Compact(s) and 
     supplementary agreements to such Compact(s); and
       ``(B) will contribute, in the case of a Low Income Country 
     as defined in section 606(a), not less than a 7.5 percent 
     contribution of the total amount agreed upon for a subsequent 
     Compact, or in the case of a Lower Middle Income Country 
     (LMIC) as defined in section 606(b), a 15 percent 
     contribution for a subsequent Compact.
       ``(3) Funding.--Millennium Challenge Corporation (MCC) 
     shall commit any funding for a concurrent Compact at the time 
     it funds the Compact.
       ``(4) Timing.--A concurrent Compact shall be signed not 
     later than 2 years after the signing of the earlier compact.
       ``(5) Limitation on compacts.--The MCC shall provide no 
     more than 15 years of compact funding to any country.''.
       (c) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to Compacts entered into between the 
     United States and an eligible country under the Millennium 
     Challenge Act of 2003 (22 U.S.C. 7701 et seq.) before, on or 
     after enactment of this Act, and those made by subsection (b) 
     shall apply prospectively to new compacts.
       (d) Maintaining Candidate Status for Purposes of Income 
     Category.--Section 606 of the Millennium Challenge Act of 
     2003 (22 U.S.C. 7705) is amended as follows:
       (1) Section (a)(1) is amended by striking the words 
     ``Fiscal year 2004'' and inserting ``In general'', and by 
     striking the words ``for fiscal year 2004'' and inserting 
     ``for a fiscal year''.
       (2) Section (a)(1)(A) is stricken and replaced with the 
     following: ``The country has a per capita income equal to or 
     below the World Bank's lower middle income country threshold 
     for the fiscal year involved and is among the 75 lowest per 
     capita income countries as identified by the World Bank; 
     and'';
       (3) Section (a)(2) is stricken.
       (4) Section (b)(1)(A) is stricken and replaced with the 
     following: ``has a per capita income equal to or below the 
     World Bank's lower middle income country threshold for the 
     fiscal year involved and is not among the 75 lowest per 
     capita income countries as identified by the World Bank; 
     and''.
       (e) Section 606 is amended by inserting the following--
       ``(d) Income Classification Transition.--Any country with a 
     per capita income that changes in a given fiscal year such 
     that the country would be reclassified in that fiscal year 
     from a low income country to a lower middle income country or 
     from a lower middle income country to a low income country 
     shall retain its candidacy status in its former income 
     classification for the fiscal year of the country's 
     transition and the two subsequent fiscal years.''.

                      inspectors general personnel

       Sec. 7078. (a)(1) The provisions in this section shall 
     apply to the Inspector General of the Department of State and 
     the Inspector General of the United States Agency for 
     International Development (USAID).
       (2) The term ``Government Employee'' has the meaning given 
     the term employee in section 2105 of title 5, United States 
     Code.
       (3) The Inspector General may waive any of the following 
     provisions to employ annuitants (individuals who are entitled 
     to benefits under a retirement system for Government 
     employees): subsections (a) through (d) of section 8344 of 
     title 5, United States Code; subsections (a), (b) and (e) of 
     section 8468 of title 5, United States Code; subsections (a) 
     through (d) of section 824 of the Foreign Service Act of 1980 
     (22 U.S.C. 4064); and any other similar provision of law, as 
     identified by the Inspector General in regulations:  
     Provided, That the Inspector General may exercise this 
     authority: only on a case-by-case basis and only for so long 
     as is necessary; when necessary due to exceptional difficulty 
     in the recruitment or retention of a qualified employee for 
     the position involved or a temporary emergency hiring need; 
     as long as it does not cause the number of employees within 
     the Office of Inspector General (OIG) employed under this or 
     other similar authority to exceed, as of any given date, 15 
     percent of the total OIG workforce, determined on a full-time 
     equivalent basis; and this authority is repealed on October 
     1, 2014, except that an annuitant re-employed pursuant to the 
     waiver in this section before October 1, 2014, may continue 
     such employment until not later than September 30, 2015.
       (4) Nothing in this section may be construed to permit or 
     require that any re-employed annuitant benefitting from a 
     waiver of a provision of law set forth in this section be 
     treated as a Government employee for purposes of the 
     retirement system to which such provision relates.
       (5) The Inspector General is authorized to obtain services 
     under section 3109 of title 5, United States Code, without 
     regard to subsections (d)(1) of such section, and is 
     considered the head of the agency under subsection (b) of 
     such section for purposes of exercising this authority.
       (A) Services may be obtained by the Inspector General for a 
     period of up to 1 year, with an option to extend such 
     services for an additional 2 years, and that the total number 
     of individuals employed under this section shall not exceed 
     15 percent of the total Department of State OIG workforce or 
     5 percent of the total USAID OIG workforce, determined on a 
     full-time equivalent basis.
       (B) The authority to obtain such services shall expire on 
     September 30, 2014 except that an individual whose service 
     under this subsection is procured before October 1, 2014, may 
     continue to provide such service until not later than 
     September 30, 2015.
       (b) Section 209 of the Foreign Service Act of 1980 (22 
     U.S.C. 3929) is amended by:
       (1) striking paragraph (5) in subsection (c); and
       (2) in subsection (d)(2)--
       (A) adding ``and'' at the end of subparagraph (D)
       (B) striking ``; and'' and inserting a period at the end of 
     subparagraph (E); and
       (C) striking subparagraph (F).

                    consular affairs pilot programs

       Sec. 7079. (a) Tourist Visa Services Pilot Program.--
       (1)(A) The Secretary of State shall implement the necessary 
     steps, including hiring a sufficient number of consular 
     officers which may include limited non-career appointment 
     officers, in the People's Republic of China, Brazil, and 
     India to meet the Department of State's standard of 
     interviewing all tourist visa applicants within 30 days of 
     the date of submitting their application.
       (B) The Secretary of State shall also conduct a risk and 
     benefit analysis regarding the extension of the expiration 
     period for B-1 or B-2 visas for citizens of the People's 
     Republic of China from 1 year to 2 years before requiring 
     consular officers to re-interview a visa applicant.
       (2) Not later than 90 days after enactment of this Act, the 
     Secretary shall submit a report to the Committees on 
     Appropriations on Consular Affairs programs in the People's 
     Republic of China, Brazil, and India including steps the 
     Department of State has taken in these countries to meet the 
     State Department's visa processing standards; a 5-year 
     forecast of non-immigrant visas for each of these countries 
     and the number of consular officers necessary to meet the 
     State Department's standards; a comparison of the Department 
     of State's 5-year forecast with the Commerce Department's 5-
     year visitor arrival projections; and the impact of the 
     different projections on visa process times and required 
     number of consular officers.
       (b) Video Conference Pilot Program.--
       (1) The Secretary of State may develop and conduct a pilot 
     program for the processing of B-1 and B-2 visas using secure 
     remote videoconferencing technology as a method for 
     conducting visa interviews of applicants, and in consultation 
     with other Federal agencies that use such secure 
     communications to help ensure security of the 
     videoconferencing transmission and encryption.
       (2) Not later than 90 days after the end of such a pilot 
     program, the Secretary shall submit a report to the 
     Committees on Appropriations detailing the results of such 
     program including an assessment of the efficacy, efficiency, 
     and security of the remote videoconferencing technology as a 
     method for conducting visa interviews of applicants and 
     recommendations for whether it should be continued, 
     broadened, or modified.

[[Page 17507]]

       (3) No pilot program should be conducted if the Secretary 
     determines and reports to the Committees on Appropriations 
     that such program poses an undue security risk and that it 
     cannot be conducted in a manner consistent with maintaining 
     security controls.

                          working capital fund

       Sec. 7080. (a) The Administrator of the United States 
     Agency for International Development (the Administrator) is 
     authorized to establish a Working Capital Fund (in this 
     section referred to as the ``Fund'').
       (b) Funds deposited in the Fund during any fiscal year 
     shall be available without fiscal year limitation and used, 
     in addition to other funds available for such purposes, for 
     agency procurement reform efforts and related administrative 
     costs:  Provided, That such expenses may include--
       (1) personal and non-personal services;
       (2) training;
       (3) supplies; and
       (4) other administrative costs related to the 
     implementation of procurement reform and management of the 
     Fund.
       (c) There may be deposited during any fiscal year in the 
     Fund up to 1 percent of the total value of obligations 
     entered into by the United States Agency for International 
     Development (USAID) from appropriations available to USAID 
     and any appropriation made available for the purpose of 
     providing capital:  Provided, That receipts from the disposal 
     of, or repayments for the loss or damage to, property held in 
     the Fund, rebates, reimbursements, refunds and other credits 
     applicable to the operation of the Fund may be deposited into 
     the Fund.
       (d) Not later than 45 days after enactment of this Act and 
     any subsequent Act making appropriations for the Department 
     of State, foreign operations, and related programs, the 
     Administrator shall submit to the Committees on 
     Appropriations an operating plan for funds deposited in the 
     Fund, which shall include the percentage to be charged for 
     the current fiscal year.
       (e) At the close of fiscal year 2013 and at the close of 
     each fiscal year thereafter, the Administrator shall 
     determine the amounts in excess of the needs of the Fund for 
     that fiscal year and shall transfer out of the Fund any 
     excess amounts to any of the original appropriation accounts 
     from which deposits were made:  Provided, That such 
     transferred funds shall remain available without fiscal year 
     limitation:  Provided further, That the Administrator shall 
     report to the Committees on Appropriation the excess amounts 
     and to which appropriation accounts the excess funds will be 
     transferred:  Provided further, That such transfers shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.

                           procurement reform

       Sec. 7081. (a) Local Competition.--Notwithstanding any 
     other provision of law, the Administrator of the United 
     States Agency for International Development (the 
     Administrator) may, with funds made available in this Act and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs, award contracts and 
     other instruments in which competition is limited to local 
     entities if doing so would result in cost savings, develop 
     local capacity, or enable the Administrator to initiate a 
     program or activity in appreciably less time than if 
     competition were not so limited:  Provided, That the 
     authority provided in this section may not be used to make 
     awards in excess of $5,000,000.
       (b) For the purposes of this section, local entity means an 
     individual, a corporation, or another body of persons located 
     in or having as its principal place of business or operations 
     in a country receiving assistance from funds appropriated in 
     title III of this Act.

                       operating and spend plans

       Sec. 7082. (a) Operating Plans.--Not later than 45 days 
     after the date of enactment of this Act, each department, 
     agency or organization funded in titles I and II, and the 
     Department of the Treasury and Independent Agencies funded in 
     title III of this Act shall submit to the Committees on 
     Appropriations an operating plan for funds appropriated to 
     such department, agency, or organization in such titles of 
     this Act, or funds otherwise available for obligation in 
     fiscal year 2012, that provides details of the use of such 
     funds at the program, project, and activity level.
       (b) Spend Plans.--Prior to the initial obligation of funds, 
     the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development, shall submit to the Committees on Appropriations 
     a detailed spend plan, which shall include achievable and 
     sustainable goals, benchmarks for measuring progress, and 
     expected results, for the following--
       (1) funds appropriated under the heading ``Democracy 
     Fund'';
       (2) funds made available in titles III and IV of this Act 
     for assistance for Afghanistan, Pakistan, Iraq, Haiti, 
     Colombia, and Mexico, for the Caribbean Basin Security 
     Initiative, and the Central American Regional Security 
     Initiative; and
       (3) funds appropriated in title III for food security and 
     agriculture development programs and for climate change and 
     environment programs.
       (c) Notifications.--The spend plans referenced in 
     subsection (b) shall not be considered as meeting the 
     notification requirements under section 7015 of this Act or 
     under section 634A of the Foreign Assistance Act of 1961.

                    authority for capital increases

       Sec. 7083. (a) International Bank for Reconstruction and 
     Development.--The Bretton Woods Agreements Act, as amended 
     (22 U.S.C. 286 et seq.), is further amended by adding at the 
     end thereof the following new sections:

     ``SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES OF 
                   AGREEMENT OF THE BANK TO INCREASE BASIC VOTES.

       ``The United States Governor of the Bank may accept on 
     behalf of the United States the amendment to the Articles of 
     Agreement of the Bank as proposed in resolution No. 596, 
     entitled `Enhancing Voice and Participation of Developing and 
     Transition Countries,' of the Board of Governors of the Bank 
     that was approved by such Board on January 30, 2009.

     ``SEC. 70. CAPITAL STOCK INCREASES.

       ``(a) Increases Authorized.--The United States Governor of 
     the Bank is authorized--
       ``(1)(A) to vote in favor of a resolution to increase the 
     capital stock of the Bank on a selective basis by 230,374 
     shares; and
       ``(B) to subscribe on behalf of the United States to 38,459 
     additional shares of the capital stock of the Bank, as part 
     of the selective increase in the capital stock of the Bank, 
     except that any subscription to such additional shares shall 
     be effective only to such extent or in such amounts as are 
     provided in advance in appropriations Acts;
       ``(2)(A) to vote in favor of a resolution to increase the 
     capital stock of the Bank on a general basis by 484,102 
     shares; and
       ``(B) to subscribe on behalf of the United States to 81,074 
     additional shares of the capital stock of the Bank, as part 
     of the general increase in the capital stock of the Bank, 
     except that any subscription to such additional shares shall 
     be effective only to such extent or in such amounts as are 
     provided in advance in appropriations Acts.
       ``(b) Limitations on Authorization of Appropriations.--
       ``(1) In order to pay for the increase in the United States 
     subscription to the Bank under subsection (a)(2)(B), there 
     are authorized to be appropriated, without fiscal year 
     limitation, $9,780,361,991 for payment by the Secretary of 
     the Treasury.
       ``(2) Of the amount authorized to be appropriated under 
     paragraph (2)(A)--
       ``(A) $586,821,720 shall be for paid in shares of the Bank; 
     and
       ``(B) $9,193,540,271 shall be for callable shares of the 
     Bank.''.
       (b) International Finance Corporation.--The International 
     Finance Corporation Act, Public Law 84-350, as amended (22 
     U.S.C. 282 et seq.), is further amended by adding at the end 
     thereof the following new section:

     ``SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT OF THE 
                   ARTICLES OF AGREEMENT.

       ``(a) Vote Authorized.--The United States Governor of the 
     Corporation is authorized to vote in favor of a resolution to 
     increase the capital stock of the Corporation by 
     $130,000,000.
       ``(b) Amendment of the Articles of Agreement.--The United 
     States Governor of the Corporation is authorized to agree to 
     and accept an amendment to Article IV, Section 3(a) of the 
     Articles of Agreement of the Corporation that achieves an 
     increase in basic votes to 5.55 percent of total votes.''.
       (c) Inter-American Development Bank.--The Inter-American 
     Development Bank Act, Public Law 86-147, as amended (22 
     U.S.C. 283 et seq.), is further amended by adding at the end 
     thereof the following new section:

     ``SEC. 41. NINTH CAPITAL INCREASE.

       ``(a) Vote Authorized.--The United States Governor of the 
     Bank is authorized to vote in favor of a resolution to 
     increase the capital stock of the Bank by $70,000,000,000 as 
     described in Resolution AG-7/10, `Report on the Ninth General 
     Capital Increase in the resources of the Inter-American 
     Development Bank' as approved by Governors on July 21, 2010.
       ``(b) Subscription Authorized.--
       ``(1) The United States Governor of the Bank may subscribe 
     on behalf of the United States to 1,741,135 additional shares 
     of the capital stock of the Bank.
       ``(2) Any subscription by the United States to the capital 
     stock of the Bank shall be effective only to such extent and 
     in such amounts as are provided in advance in appropriations 
     Acts.
       ``(c) Limitations on Authorization of Appropriations.--
       ``(1) In order to pay for the increase in the United States 
     subscription to the Bank under subsection (b), there are 
     authorized to be appropriated, without fiscal year 
     limitation, $21,004,064,337 for payment by the Secretary of 
     the Treasury.
       ``(2) Of the amount authorized to be appropriated under 
     paragraph (1)--
       ``(A) $510,090,175 shall be for paid in shares of the Bank; 
     and
       ``(B) $20,493,974,162 shall be for callable shares of the 
     Bank.''.
       (d) African Development Bank.--The African Development Bank 
     Act, Public Law 97-35, as amended (22 U.S.C. 290i et seq.), 
     is further amended by adding at the end thereof the following 
     new section:

[[Page 17508]]



     ``SEC. 1344. SIXTH CAPITAL INCREASE.

       ``(a) Subscription Authorized.--
       ``(1) The United States Governor of the Bank may subscribe 
     on behalf of the United States to 289,391 additional shares 
     of the capital stock of the Bank.
       ``(2) Any subscription by the United States to the capital 
     stock of the Bank shall be effective only to such extent and 
     in such amounts as are provided in advance in appropriations 
     Acts.
       ``(b) Limitations on Authorization of Appropriations.--
       ``(1) In order to pay for the increase in the United States 
     subscription to the Bank under subsection (a), there are 
     authorized to be appropriated, without fiscal year 
     limitation, $4,322,228,221 for payment by the Secretary of 
     the Treasury.
       ``(2) Of the amount authorized to be appropriated under 
     paragraph (1)--
       ``(A) $259,341,759 shall be for paid in shares of the Bank; 
     and
       ``(B) $4,062,886,462 shall be for callable shares of the 
     Bank.''.
       (e) European Bank for Reconstruction and Development.--The 
     European Bank for Reconstruction and Development Act, Section 
     562(c) of Public Law 101-513, as amended (22 U.S.C. 290l et 
     seq.), is further amended by adding at the end thereof the 
     following new paragraph:
       ``(12) Capital increase.--
       ``(A) Subscription authorized.--
       ``(i) The United States Governor of the Bank may subscribe 
     on behalf of the United States up to 90,044 additional 
     callable shares of the capital stock of the Bank in 
     accordance with Resolution No. 128 as adopted by the Board of 
     Governors of the Bank on May 14, 2010.
       ``(ii) Any subscription by the United States to additional 
     capital stock of the Bank shall be effective only to such 
     extent and in such amounts as are provided in advance in 
     appropriations Acts.
       ``(B) Limitations on authorization of appropriations.--In 
     order to pay for the increase in the United States 
     subscription to the Bank under subsection (A), there are 
     authorized to be appropriated, without fiscal year 
     limitation, up to $1,252,331,952 for payment by the Secretary 
     of the Treasury.''.

                      authority for replenishments

       Sec. 7084. (a) International Development Association.--The 
     International Development Association Act, Public Law 86-565, 
     as amended (22 U.S.C. 284 et seq.), is further amended by 
     adding at the end thereof the following new sections:

     ``SEC. 26. SIXTEENTH REPLENISHMENT.

       ``(a) The United States Governor of the International 
     Development Association is authorized to contribute on behalf 
     of the United States $4,075,500,000 to the sixteenth 
     replenishment of the resources of the Association, subject to 
     obtaining the necessary appropriations.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, $4,075,500,000 
     for payment by the Secretary of the Treasury.

     ``SEC. 27. MULTILATERAL DEBT RELIEF.

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

     ``SEC. 221. TWELFTH REPLENISHMENT.

       ``(a) The United States Governor of the Fund is authorized 
     to contribute on behalf of the United States $585,000,000 to 
     the twelfth replenishment of the resources of the Fund, 
     subject to obtaining the necessary appropriations.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, $585,000,000 
     for payment by the Secretary of the Treasury.

     ``SEC. 222. MULTILATERAL DEBT RELIEF.

       ``(a) The Secretary of the Treasury is authorized to 
     contribute, on behalf of the United States, not more than 
     $60,000,000 to the African Development Fund for the purpose 
     of funding debt relief costs under the Multilateral Debt 
     Relief Initiative incurred in the period governed by the 
     twelfth replenishment of resources of the African Development 
     Fund, subject to obtaining the necessary appropriations and 
     without prejudice to any funding arrangements in existence on 
     the date of the enactment of this section.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, not more than 
     $60,000,000 for payment by the Secretary of the Treasury.
       ``(c) In this section, the term `Multilateral Debt Relief 
     Initiative' means the proposal set out in the G8 Finance 
     Ministers' Communique entitled `Conclusions on Development', 
     done at London, June 11, 2005, and reaffirmed by G8 Heads of 
     State at the Gleneagles Summit on July 8, 2005.''.

             authority for the fund for special operations

       Sec. 7085.  Up to $36,000,000 of funds appropriated for the 
     account ``Department of the Treasury, Debt Restructuring'' by 
     the Full-Year Continuing Appropriations Act, 2011 (Public Law 
     112-10, Division B) may be made available for the United 
     States share of an increase in the resources of the Fund for 
     Special Operations of the Inter-American Development Bank in 
     furtherance of debt relief provided to Haiti in view of the 
     Cancun Declaration of March 21, 2010.


          assistance for foreign nongovernmental organizations

       Sec. 7086. Part I of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151 et seq.) is amended by inserting after section 
     104C, the following new section:

     ``SEC. 104D. ELIGIBILITY FOR ASSISTANCE.

       ``Notwithstanding any other provision of law, regulation, 
     or policy, in determining eligibility for assistance 
     authorized under sections 104, 104A, 104B, and 104C--
       ``(1) a foreign nongovernmental organization shall not be 
     ineligible for such assistance solely on the basis of health 
     or medical services, including counseling and referral 
     services, provided by such organization with non-United 
     States Government funds if such services are permitted in the 
     country in which they are being provided and would not 
     violate United States law if provided in the United States; 
     and
       ``(2) a foreign nongovernmental organization shall not be 
     subject to requirements relating to the use of non-United 
     States Government funds for advocacy and lobbying activities 
     other than those that apply to United States nongovernmental 
     organizations receiving assistance under this part.''.

                             (rescissions)

       Sec. 7087. (a) Of the funds appropriated in prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs under the heading 
     ``Diplomatic and Consular Programs'', $13,700,000 are 
     rescinded, of which $8,000,000 shall be from funds for 
     Worldwide Security Protection:  Provided, That no amounts may 
     be rescinded from amounts that were designated by Congress as 
     an emergency requirement pursuant to a concurrent resolution 
     on the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       (b) Of the unexpended balances available under the heading 
     ``Export and Investment Assistance, Export-Import Bank of the 
     United States, Subsidy Appropriation'' from prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, $300,000,000 are rescinded.
       (c) Of the unexpended balances available to the President 
     for bilateral economic assistance under the heading 
     ``Economic Support Fund'' from prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, $150,000,000 are rescinded: 
      Provided, That no amounts may be rescinded from amounts that 
     were designated by Congress as an emergency requirement 
     pursuant to a concurrent resolution on the budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (d) The Secretary of State, as appropriate, shall consult 
     with the Committees on Appropriations prior to implementing 
     the rescissions made in this section.

                               TITLE VIII

                    OVERSEAS CONTINGENCY OPERATIONS

                          DEPARTMENT OF STATE

                   ADMINISTRATION OF FOREIGN AFFAIRS

                    diplomatic and consular programs

                     (including transfer of funds)

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $3,773,701,000, to remain available until 
     September 30, 2013, of which $236,201,000 is for Worldwide 
     Security Protection and shall remain available until 
     expended:  Provided, That the Secretary of State may transfer 
     up to $230,000,000 of the total funds made available under 
     this heading to any other appropriation of any department or 
     agency of the United States, upon the concurrence of the head 
     of such department or agency, to support operations in and 
     assistance for Afghanistan and to carry out the provisions of 
     the Foreign Assistance Act of 1961:  Provided further, That 
     funds appropriated under this heading may be made available 
     pursuant to the authority of section 7032(u) of this Act:  
     Provided further, That each amount in this paragraph is 
     designated by Congress as being for overseas

[[Page 17509]]

     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $63,954,000, to remain available until September 
     30, 2013, of which $16,317,000 shall be for the Special 
     Inspector General for Iraq Reconstruction for reconstruction 
     oversight, and $44,387,000 shall be for the Special Inspector 
     General for Afghanistan Reconstruction for reconstruction 
     oversight:  Provided, That each amount in this paragraph is 
     designated by Congress as being for overseas contingency 
     operations pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.

        contributions for international peacekeeping activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $17,900,000, to 
     remain available until September 30, 2013:  Provided, That 
     this amount is designated by Congress as being for overseas 
     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

                   united states institute for peace

       For an additional amount for ``United States Institute for 
     Peace'', $8,411,000, to remain available until September 30, 
     2013:  Provided, That this amount is designated by Congress 
     as being for overseas contingency operations pursuant to 
     section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (Public Law 99-177), as amended.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $106,000,000, to remain available until September 30, 2013:  
     Provided, That this amount is designated by Congress as being 
     for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2013:  Provided, That this amount is designated by 
     Congress as being for overseas contingency operations 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-
     177), as amended.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

       For an additional amount for ``International Disaster 
     Assistance'', $150,000,000, to remain available until 
     September 30, 2013:  Provided, That this amount is designated 
     by Congress as being for overseas contingency operations 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-
     177), as amended.

                         transition initiatives

       For an additional amount for ``Transition Initiatives'', 
     $3,500,000, to remain available until September 30, 2013:  
     Provided, That this amount is designated by Congress as being 
     for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                          complex crises fund

       For an additional amount for ``Complex Crises Fund'', 
     $45,000,000, to remain available until September 30, 2013:  
     Provided, That this amount is designated by Congress as being 
     for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                         economic support fund

       For an additional amount for ``Economic Support Fund'', 
     $1,172,821,000, to remain available until September 30, 2013: 
      Provided, That this amount is designated by Congress as 
     being for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                    migration and refugee assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $100,000,000, to remain available until 
     September 30, 2013:  Provided, That this amount is designated 
     by Congress as being for overseas contingency operations 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-
     177), as amended.

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $1,163,000,000, to remain 
     available until September 30, 2013:  Provided, That this 
     amount is designated by Congress as being for overseas 
     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

    nonproliferation, anti-terrorism, demining and related programs

       For an additional amount for ``Nonproliferation, Anti-
     terrorism, Demining and Related Programs'', $27,500,000, to 
     remain available until September 30, 2013:  Provided, That 
     this amount is designated by Congress as being for overseas 
     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

                        peacekeeping operations

       For an additional amount for ``Peacekeeping Operations'', 
     $30,000,000, to remain available until September 30, 2013:  
     Provided, That this amount is designated by Congress as being 
     for overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended.

                  funds appropriated to the president

                   foreign military financing program

       For an additional amount for ``Foreign Military Financing 
     Program'', $989,000,000, to remain available until September 
     30, 2013:  Provided, That this amount is designated by 
     Congress as being for overseas contingency operations 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-
     177), as amended.

              pakistan counter-insurgency capability fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of 
     the Foreign Assistance Act of 1961 and section 23 of the Arms 
     Export Control Act, $1,000,000,000, to remain available until 
     September 30, 2012, for the purpose of providing assistance 
     for Pakistan to build and maintain the counter-insurgency 
     capability of Pakistani security forces (including the 
     Frontier Corps), to include program management, training in 
     civil-military humanitarian assistance, human rights 
     training, and the provision of equipment, supplies, services, 
     training, and facility and infrastructure repair, renovation, 
     and construction:  Provided, That notwithstanding any other 
     provision of law except section 620M of the Foreign 
     Assistance Act of 1961, as amended by this Act, such funds 
     shall be available to the Secretary of State, with the 
     concurrence of the Secretary of Defense:  Provided further, 
     That such funds may be transferred by the Secretary of State 
     to the Department of Defense or other Federal departments or 
     agencies to support counter-insurgency operations and may be 
     merged with, and be available, for the same purposes and for 
     the same time period as the appropriation or fund to which 
     transferred or may be transferred pursuant to the authorities 
     contained in the Foreign Assistance Act of 1961:  Provided 
     further, That the Secretary of State shall, not fewer than 15 
     days prior to making transfers from this appropriation, 
     notify the Committees on Appropriations, in writing, of the 
     details of any such transfer:  Provided further, That the 
     Secretary of State shall submit not later than 30 days after 
     the end of each fiscal quarter to the Committees on 
     Appropriations a report in writing summarizing, on a project-
     by-project basis, the uses of funds under this heading:  
     Provided further, That upon determination by the Secretary of 
     State, with the concurrence of the Secretary of Defense, that 
     all or part of the funds so transferred from this 
     appropriation are not necessary for the purposes herein, such 
     amounts may be transferred by the head of the relevant 
     Federal department or agency back to this appropriation and 
     shall be available for the same purposes and for the same 
     time period as originally appropriated:  Provided further, 
     That any required notification or report may be submitted in 
     classified form:  Provided further, That the amount in this 
     paragraph is designated by Congress as being for overseas 
     contingency operations pursuant to section 251(b)(2)(A)(ii) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.

                    global security contingency fund

                     (including transfer of funds)

       There is hereby established in the Treasury of the United 
     States the ``Global Security Contingency Fund''.
       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 and the Arms Export Control 
     Act to provide assistance, notwithstanding any other 
     provision of law except sections 620A and 620M of the Foreign 
     Assistance Act of 1961, as amended by this Act, for countries 
     designated by the Secretary of State to enhance the 
     capabilities of military and police forces, and other 
     security forces that conduct border and maritime security, 
     internal security, and counter-terrorism operations, as well 
     as government agencies responsible for such forces, and to 
     strengthen democratic institutions including the justice 
     sector (including corrections) and respect for human rights 
     and the rule of law, where the Secretary of State, in 
     consultation with the Secretary of Defense, determines that 
     conflict or instability in a country or region significantly 
     challenges the local capacity to deliver such

[[Page 17510]]

     assistance, $50,000,000, to remain available until September 
     30, 2013:  Provided, That such assistance programs shall be 
     formulated by the Secretary of State in consultation with the 
     Secretary of Defense:  Provided further, That programs 
     carried out under this heading shall be approved by the 
     Secretary of State, in consultation with the Secretary of 
     Defense, prior to implementation:  Provided further, That the 
     authorities and requirements of the Foreign Assistance Act of 
     1961 shall apply to funds made available under this heading:  
     Provided further, That funds made available to the Department 
     of Defense in fiscal year 2012 may be transferred to, and 
     merged with, funds appropriated under this heading by the 
     Secretary of Defense:  Provided further, That funds made 
     available under this heading may be transferred to the most 
     appropriate agency or account to facilitate the provision of 
     such assistance:  Provided further, That the transfer 
     authorities under this paragraph are in addition to any other 
     transfer authority available to the Department of Defense:  
     Provided further, That the amounts in this account may be 
     used for necessary administrative expenses of the agencies 
     planning and carrying out programs:  Provided further, That 
     the head of any agency may detail personnel to the Department 
     of State to carry out activities funded under this heading 
     with or without reimbursement for all or part of the costs of 
     salaries and other expenses associated with such personnel:  
     Provided further, that no obligation or transfer of funds may 
     be made unless the Secretary of State and the Secretary of 
     Defense have notified the Committees on Appropriations at 
     least 15 days prior to any such obligation or transfer:  
     Provided further, That the amount in this paragraph is 
     designated by Congress as being for overseas contingency 
     operations pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.

                           GENERAL PROVISIONS

       Sec. 8001.  Notwithstanding any other provision of law, 
     funds made available under the heading ``Overseas Contingency 
     Operations'' are in addition to amounts appropriated or 
     otherwise made available for the Department of State for 
     fiscal year 2012.
       Sec. 8002.  Unless otherwise provided for in this Act, 
     additional amounts appropriated under the heading ``Overseas 
     Contingency Operations'' to appropriation accounts in this 
     Act shall be available under the authorities and conditions 
     applicable to such appropriations accounts.
       Sec. 8003.  Notwithstanding any other provision of law 
     except section 620M of the Foreign Assistance Act, as amended 
     by this Act, funds appropriated by this title may be 
     transferred to, and merged with, funds appropriated by this 
     title under the headings ``Diplomatic and Consular 
     Programs'', ``Worldwide Security Protection'', ``Office of 
     Inspector General'', ``Contributions for International 
     Peacekeeping Activities'', ``United States Institute for 
     Peace'', ``United States Agency for International 
     Development, Funds Appropriated to the President, Operating 
     Expenses'', ``United States Agency for International 
     Development, Funds Appropriated to the President, Office of 
     Inspector General'', ``International Disaster Assistance'', 
     ``Transition Initiatives'', ``Complex Crises Fund'', 
     ``Economic Support Fund'', ``Migration and Refugee 
     Assistance'', ``International Narcotics Control and Law 
     Enforcement'', ``Nonproliferation, Anti-terrorism, Demining, 
     and Related Programs'', ``Peacekeeping Operations'', 
     ``Foreign Military Financing Program'', ``Pakistan Counter-
     insurgency Capability Fund'', and ``Global Stability 
     Contingency Fund'':  Provided, That such transfers shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That the 
     transfer authority in this section is in addition to any 
     transfer authority otherwise available under any other 
     provision of law, including section 610 of the Foreign 
     Assistance Act which may be exercised by the Secretary of 
     State for the purposes of this title.
        This Act may be cited as the ``Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2012''.
                                 ______
                                 
  SA 958. Mr. REID proposed an amendment to amendment SA 957 proposed 
by Mr. Reid to the bill H.R. 2354, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes; as follows.

       At the end, add the following new section:
       Sec.___.
       This Act shall become effective 7 days after enactment.
                                 ______
                                 
  SA 959. Mr. REID proposed an amendment to amendment SA 958 proposed 
by Mr. Reid to the amendment SA 957 proposed by Mr. Reid to the bill 
H.R. 2354, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes; as follows:

       In the amendment, strike ``7 days'' and insert ``6 days''.
                                 ______
                                 
  SA 960. Mr. REID proposed an amendment to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
as follows:

       At the end, add the following new section:
       Sec.___.
       This Act shall become effective 5 days after enactment.
                                 ______
                                 
  SA 961. Mr. REID proposed an amendment to amendment SA 960 proposed 
by Mr. Reid to the bill H.R. 2354, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes; as follows:

       In the amendment, strike ``5 days'' and insert ``4 days''.
                                 ______
                                 
  SA 962. Mr. REID proposed an amendment to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
as follows:

       At the end, add the following new section:
       Sec.___.
       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 963. Mr. REID proposed an amendment to amendment SA 962 proposed 
by Mr. Reid to the bill H.R. 2354, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes; as follows:

       In the amendment, strike ``3 days'' and insert ``2 days''.
                                 ______
                                 
  SA 964. Mr. REID proposed an amendment to amendment SA 963 proposed 
by Mr. Reid to the amendment SA 962 proposed by Mr. Reid to the bill 
H.R. 2354, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes; as follows:

       In the amendment, strike ``2 days'' and insert ``1 day''.
                                 ______
                                 
  SA 965. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 72, between lines 15 and 16, insert the following:
       Sec. ___.  None of the funds made available by this Act may 
     be used for the Yucca Mountain Nuclear Waste Repository 
     except for costs relating to the orderly closeout of the 
     Repository.
                                 ______
                                 
  SA 966. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 47, strike lines 1 through 5.
                                 ______
                                 
  SA 967. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title V of division A, add the following:
       Sec. 5__.  None of the funds made available to the Corps of 
     Engineers, the Environmental Protection Agency, or the Office 
     of Surface Mining Reclamation and Enforcement under this Act 
     may be used to carry out, implement, administer, or enforce 
     any policy or procedure set forth in--
       (1) the memorandum issued by the Environmental Protection 
     Agency and Department of the Army entitled ``Enhanced Surface 
     Coal Mining Pending Permit Coordination Procedures'' and 
     dated June 11, 2009;
       (2) the guidance (including any revision of the guidance) 
     issued by the Environmental Protection Agency entitled 
     ``Improving EPA Review of Appalachian Surface Coal Mining 
     Operations under the Clean Water Act, National Environmental 
     Policy Act, and the Environmental Justice Executive Order'' 
     and dated April 1, 2010;
       (3) the final guidance issued by the Environmental 
     Protection Agency entitled ``Improving EPA Review of 
     Appalachian Surface

[[Page 17511]]

     Coal Mining Operations Under the Clean Water Act, National 
     Environmental Policy Act, and the Environmental Justice 
     Order'' and dated July 21, 2011; or
       (4) any draft or final criteria document of the 
     Environmental Protection Agency that relates to ambient water 
     quality criteria for conductivity in freshwater, including 
     the document entitled ``A Field-Based Aquatic Life Benchmark 
     for Conductivity in Central Appalachian Streams'' and dated 
     March 2011, that is based on a field methodology that 
     quantifies narrative conductivity criteria or develops 
     numeric conductivity criteria.
                                 ______
                                 
  SA 968. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 44, strike line 6 and all that follows 
     through page 46, line 23.
       On page 218, between lines 6 and 7 insert the following:
       Sec._. There is appropriated, out of any funds in the 
     Treasury not otherwise appropriated, for the highway bridge 
     program established under section 144 of title 23, United 
     States Code, $238,000,000, to remain available until 
     expended.
                                 ______
                                 
  SA 969. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title VII of division C, add the following:
       Sec. 7088. (a) Subject to subsections (b), (c), and (d), 
     the Secretary of the Treasury shall direct the United States 
     Executive Director of each international financial 
     institution--
       (1) to use the voice and vote of the United States to 
     oppose the provision of a loan to the Government of Argentina 
     by that institution; and
       (2) to initiate discussions with the other Executive 
     Directors of the institution to advocate for and vigorously 
     promote efforts to encourage the Government of Argentina--
       (A) to repay debts owed to the official creditors of 
     Argentina;
       (B) to repay debts owed to the private creditors of 
     Argentina;
       (C) to comply with recommendations of the Financial Action 
     Task Force; and
       (D) to comply with dispute settlement proceedings under the 
     auspices of the International Centre for Settlement of 
     Investment Disputes.
       (b) Subsection (a)(1) does not apply to loans to the 
     Government of Argentina to serve basic human needs.
       (c) The President may waive the application of subsection 
     (a)(1) if the President determines and reports to Congress 
     that--
       (1) applying that subsection would cause serious harm to 
     the national security of the United States; or
       (2) it is in the vital economic interests of the United 
     States to do so.
       (d) The provisions of this section shall terminate on the 
     date on which the Secretary of the Treasury certifies to 
     Congress that the Government of Argentina has made 
     substantial progress in each of the following areas:
       (1) Repaying debts owed to the official creditors of 
     Argentina.
       (2) Repaying debts owed to the private creditors of 
     Argentina.
       (3) Complying with recommendations of the Financial Action 
     Task Force.
       (4) Complying with dispute settlement proceedings under the 
     auspices of the International Centre for Settlement of 
     Investment Disputes.
       (e) In this section, the term ``international financial 
     institution'' means any of the institutions specified in 
     section 1701(c)(2) of the International Financial 
     Institutions Act (22 U.S.C. 262r(c)(2)).
                                 ______
                                 
  SA 970. Mr. McCAIN (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed to amendment SA 957 proposed by Mr. 
Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       In title I, at the end of the sections under the heading 
     ``GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL'', add the 
     following:
       Sec. ___.  None of the funds made available by this Act may 
     be used for any noncompetitive contract issued by the Corps 
     to any Alaska Native Corporation or any subsidiary of any 
     Alaska Native Corporation for the procurement of services in 
     an amount that exceeds $4,000,000 or for the procurement of 
     property in an amount that exceeds $6,500,000 unless--
       (1) the contracting officer justifies in writing the use of 
     the contract; and
       (2) the justification--
       (A) includes a determination that the noncompetitive 
     contract is in the best interest of the Department of the 
     Army;
       (B) is approved by the appropriate official in the 
     Department of the Army authorized to approve contract awards 
     for dollar amounts comparable to the amount of the 
     noncompetitive contract; and
       (C) the justification and related information are made 
     available to the public.
                                 ______
                                 
  SA 971. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       In the matter under the heading ``Defense Environmental 
     Cleanup'' under the heading ``ENVIRONMENTAL AND OTHER DEFENSE 
     ACTIVITIES'' of title III of division A, before the period, 
     insert the following: ``: Provided further, That not more 
     than $933,712,000 may be used for cleanup activities under 
     this heading at the Hanford site and, not later than 60 days 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report describing alternatives for minimizing the total costs 
     necessary to ensure contamination associated with the Hanford 
     site does not pose risks to human health and safety or the 
     environment off-site and provides an accounting for funds 
     that have been spent on cleanup on the site before the date 
     of enactment of this Act''.
                                 ______
                                 
  SA 972. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 44, beginning on line 9, strike ``renewable 
     energy'' and all that follows through ``2005'' on line 21, 
     and insert ``eligible projects under section 1703 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16513), $200,000,000 is 
     appropriated, to remain available until expended: Provided, 
     That the amounts in this section are in addition to those 
     provided in any other Act''.
                                 ______
                                 
  SA 973. Mr. BLUNT (for himself, Mr. Inhofe, and Mrs. McCaskill) 
submitted an amendment intended to be proposed to amendment SA 957 
proposed by Mr. Reid to the bill H.R. 2354, making appropriations for 
energy and water development and related agencies for the fiscal year 
ending September 30, 2012, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the matter under the heading ``GENERAL 
     PROVISIONS'' of title V, insert the following:
       Sec. ___. (a) Section 4(e) of the Federal Power Act (16 
     U.S.C. 797(e)) is amended--
       (1) by designated the first, second, and third sentences as 
     paragraphs (1) through (3) respectively; and
       (2) in paragraph (3) (as so designated), by inserting 
     ``private landownership and private use of land,'' before 
     ``recreational opportunities''.
       (b) Section 10 of the Federal Power Act (16 U.S.C. 803) is 
     amended--
       (1) in subsection (a)(1), by inserting ``private 
     landownership and private use of land,'' after ``water 
     supply''; and
       (2) by adding at the end the following:
       ``(k) In developing any recreational resource within the 
     project boundary, the licensee shall consider private 
     landownership as a means to encourage and facilitate--
       ``(1) private investment; and
       ``(2) increased tourism and recreational use.''.
       (c) Section 28 of the Federal Power Act (16 U.S.C. 822) is 
     repealed.
                                 ______
                                 
  SA 974. Mr. BLUNT (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed to amendment SA 957 proposed by Mr. 
Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the matter under the heading ``GENERAL 
     PROVISIONS'' of title V, insert the following:
       Sec. __. (a) None of the funds appropriated or otherwise 
     made available by this Act shall be used by the Federal 
     Energy Regulatory Commission to issue any order, including 
     any order at the request of the licensee, directing the 
     licensee of the Osage

[[Page 17512]]

     Hydroelectric Project No. 459 project to remove or dismantle 
     residential dwellings or structures that are located within 
     the project boundary unless the licensee has first submitted 
     a plan to revise the project boundary.
       (b) The Federal Energy Regulatory Commission shall not 
     withhold approval of the plan described in subsection (a) if 
     the plan will preserve the primary purpose of power 
     generation of the project.
       (c) Licensee resolution of the project boundary described 
     in subsection (a) shall include the following actions:
       (1) The contour elevation at 662 feet Union Electric datum 
     shall be the new project boundary.
       (2) Any existing structure on any property owned by any 
     private owner with a valid property right (as of the date of 
     enactment of this Act) above the contour elevation described 
     in paragraph (1) shall no longer be considered within the 
     project boundary.
       (3) Any encroachment on land within the project boundary 
     above the contour elevation described in paragraph (1) is 
     consistent with the purposes of the project unless the 
     encroachment significantly impedes the Bagnell Dam from 
     generating power.
                                 ______
                                 
  SA 975. Mr. BLUNT (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed to amendment SA 957 proposed by Mr. 
Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       In the matter under the heading ``construction, general'' 
     under the heading ``CORP OF ENGINEERS--CIVIL, DEPARTMENT OF 
     THE ARMY'' under the heading ``Corp of Engineers--Civil'' 
     insert ``of which not more than $22,000,000 shall be made 
     available to carry out Missouri River Fish and Wildlife 
     Recovery activities;'' after ``Public Law 104-303;''.
                                 ______
                                 
  SA 976. Mr. BLUNT (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed to amendment SA 957 proposed by Mr. 
Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title I of division A, add the following:
       Sec. 1__.  Any levee, lock, or dam that is damaged or 
     destroyed by major disaster or emergency declared by the 
     Governor of the State and concurred in by the Secretary of 
     Homeland Security, or declared by the President pursuant to 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) and that is in 
     operation or under construction on the date on which the 
     disaster occurs--
       (1) may be reconstructed in the same location with the same 
     capacity, dimensions, and design as before the disaster or 
     emergency using amounts made available by this Act; and
       (2) shall be exempt from any environmental reviews, 
     approvals, licensing, and permit requirements under--
       (A) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (B) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (C) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (D) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (E) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), except when the reconstruction occurs in designated 
     critical habitat for threatened and endangered species;
       (F) sections 402 and 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342, 1344);
       (G) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (H) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
     the protection of wetland); and
       (I) any Federal law (including regulations) requiring no 
     net loss of wetland.
                                 ______
                                 
  SA 977. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 957 proposed by Mr. Reid to the bill H.R. 
2354, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 88, between lines 19 and 20, insert the following:
       Sec. __. (a) The Internal Revenue Service shall develop and 
     implement a comprehensive initiative to prevent, detect, and 
     resolve instances of tax fraud involving identity theft. The 
     initiative shall include: (1) a report to Congress outlining 
     and describing the Internal Revenue Service's initiative, 
     including measures it will use to evaluate the initiative's 
     effectiveness, submitted not later than 180 days after the 
     date of the enactment of this Act; (2) an expansion of the 
     Identity Protection Personal Identification Number (ID PIN) 
     program; (3) the establishment of a Local Law Enforcement 
     Liaison to facilitate and coordinate, to the extent 
     permissible, tax fraud investigations with State and local 
     law enforcement agencies; and (4) an evaluation of the role 
     of prepaid debit cards and commercial tax preparation 
     software in facilitating fraudulent tax refunds.
       (b) The Secretary of the Treasury shall review whether 
     current Federal tax laws and regulations related to the 
     confidentiality and disclosure of return information prevent 
     the effective enforcement of local, State, and Federal 
     identity theft statutes, and submit a report to Congress not 
     later than 180 days after the date of the enactment of this 
     Act with such legislative recommendations as may be 
     appropriate.
                                 ______
                                 
  SA 978. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 957 proposed by Mr. Reid to the bill H.R. 
2354, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 134, after line 23, add the following:
       Sec. ___. (a) Eligibility for State Swimming Pool Safety 
     Grant Program of Consumer Product Safety Commission.--Section 
     1405(b)(1)(A) of the Virginia Graeme Baker Pool and Spa 
     Safety Act (15 U.S.C. 8004(b)(1)(A)) is amended by inserting 
     ``new'' before ``swimming pools''.
       (b) Retention of Unexpended and Unobligated Amounts.--
     Section 1405(e) of the Virginia Graeme Baker Pool and Spa 
     Safety Act (15 U.S.C. 8004(e)) is amended by striking 
     ``fiscal year 2011'' and inserting ``fiscal years 2011 and 
     2012''.
       (c) Reduction in Minimum State Law Requirements.--Section 
     1406(a)(1)(A)(iv) of the Virginia Graeme Baker Pool and Spa 
     Safety Act (15 U.S.C. 8005(a)(1)(A)(iv)) is amended by 
     striking ``; and'' and inserting ``; or''.
       (d) Elimination of Requirement for Reflection of National 
     Performance Standards and Commission Guidelines.--Section 
     1406(a) of the Virginia Graeme Baker Pool and Spa Safety Act 
     (15 U.S.C. 8005(a)) is amended by striking paragraph (4).
                                 ______
                                 
  SA 979. Mr. BEGICH (for himself, Mr. McCain, Mr. Vitter, and Mrs. 
Shaheen) submitted an amendment intended to be proposed to amendment SA 
957 proposed by Mr. Reid to the bill H.R. 2354, making appropriations 
for energy and water development and related agencies for the fiscal 
year ending September 30, 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title III of division A, add the following:
       Sec. 313. (a) Of the amounts appropriated or otherwise made 
     available by this title under the heading ``NATIONAL NUCLEAR 
     SECURITY ADMINISTRATION'' under the heading ``ATOMIC ENERGY 
     DEFENSE ACTIVITIES''--
       (1) the amount appropriated under the heading ``Weapons 
     Activities'' is hereby increased by $321,474,000; and
       (2) the amount appropriated under the heading ``Defense 
     Nuclear Nonproliferation (including Rescission)'' is hereby 
     increased by $85,131,000.
       (b) The amount to be appropriated or otherwise made 
     available for the Patriot/MEADS Combined Aggregate Program 
     for fiscal year 2012 should be $406,605,000 less than the 
     amount specified to be made available for that Program for 
     that fiscal year pursuant to the matter under the heading 
     ``Research, Development, Test and Evaluation, Army'' in title 
     IV of H.R. 2219, 112th Congress, as reported by the Committee 
     on Appropriations of the Senate on September 15, 2011.
                                 ______
                                 
  SA 980. Mr. WEBB (for himself, Mr. Boozman, Mr. Heller, Mr. Roberts, 
and Mr. Begich) submitted an amendment intended to be proposed by him 
to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title I of division A, and add the following:
       Sec. 1__.  None of the funds made available under this Act 
     may be used to implement or enforce section 327.13(a) of 
     title 36, Code of Federal Regulations (or successor 
     regulation).
                                 ______
                                 
  SA 981. Mr. PRYOR (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal

[[Page 17513]]

year ending September 30, 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 47, line 13, strike ``$237,623,000'' and insert 
     ``$235,848,000''.
       On page 67, line 9, strike ``$9,925,000'' and insert 
     ``$11,700,000''.

                                 ______
                                 
  SA 982. Mr. MENENDEZ (for himself, Mr. Reid, and Mr. Rubio) submitted 
an amendment intended to be proposed by him to the bill H.R. 2354, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

              TITLE __--SMITHSONIAN AMERICAN LATINO MUSEUM

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Smithsonian American 
     Latino Museum Act''.

     SEC. __2. ESTABLISHMENT OF MUSEUM.

       There is established within the Smithsonian Institution a 
     museum to be known as the ``Smithsonian American Latino 
     Museum''.

     SEC. __3. LOCATION AND AUTHORIZATION.

       (a) Arts and Industries Building.--The Arts and Industries 
     Building of the Smithsonian Institution, located on the 
     National Mall at 900 Jefferson Drive, Southwest, Washington, 
     District of Columbia, including a new underground annex 
     facility, is designated as the location of the Smithsonian 
     American Latino Museum.
       (b) Planning and Construction.--The Board of Regents of the 
     Smithsonian Institution, in consultation with the Secretary 
     of the Interior, the Commission of Fine Arts, and the 
     National Capital Planning Commission, and with other 
     appropriate Federal and local agencies, is authorized to 
     prepare plans, design, renovate, rehabilitate, and construct 
     the Smithsonian American Latino Museum facility, as referred 
     to in the May 2011 Report to Congress of the Commission to 
     Study the Potential Creation of a National Museum of the 
     American Latino.
       (c) Schedule and Funding.--
       (1) In general.--The Board of Regents is authorized to 
     prepare a plan of action for the Smithsonian American Latino 
     Museum, and to identify and evaluate viable funding models 
     for both construction and operation of the Museum.
       (2) Timing.--The plan of action authorized in paragraph (1) 
     shall be concluded not later than 18 months after the date of 
     enactment of this Act.

     SEC. __4. AGREEMENT WITH SECRETARY OF THE INTERIOR.

       The Secretary of the Interior and the Board of Regents of 
     the Smithsonian Institution shall enter into an agreement 
     that--
       (1) allows for the planning, design, and construction of 
     the underground annex facility by the Board of Regents, in a 
     manner harmonious with and to protect the open space and 
     visual sightlines of the Mall; and
       (2) provides a timeline for the transfer of administrative 
     jurisdiction, if necessary, of the appropriate subsurface 
     area from the Secretary of the Interior to the Smithsonian 
     Institution.

     SEC. __5. CONSIDERATION OF RECOMMENDATIONS OF COMMISSION.

       In carrying out its duties under this title, the Board of 
     Regents of the Smithsonian Institution shall take into 
     consideration the reports and plans submitted by the 
     Commission to Study the Potential Creation of a National 
     Museum of the American Latino under section 333 of the 
     Consolidated Natural Resources Act of 2008 (Public Law 110-
     229; 122 Stat. 784).
                                 ______
                                 
  SA 983. Mrs. McCASKILL (for herself and Mr. Blunt) submitted an 
amendment intended to be proposed to amendment SA 957 proposed by Mr. 
Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title I of division A, add the following:
       Sec. 1__.  None of the funds made available under this Act 
     shall be used by the Corps of Engineers to issue unsolicited 
     ``willing seller'' letters to floodplain landowners during a 
     flood event, as determined by the Chief of Engineers, 
     regardless of whether the flood event is designated as a 
     major disaster pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
                                 ______
                                 
  SA 984. Mr. ROBERTS submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available in this Act may 
     be used by the Federal Communications Commission to remove 
     the conditions imposed on commercial terrestrial operations 
     in the Order and Authorization adopted by the Commission on 
     January 26, 2011 (DA 11-133), or otherwise permit such 
     operations, until the Commission has resolved concerns of 
     potential widespread harmful interference by such commercial 
     terrestrial operations to commercially available Global 
     Positioning System devices.
                                 ______
                                 
  SA 985. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 120, line 19, strike ``: Provided 
     further,'' and all that follows through page 121, line 4, and 
     insert a period.
                                 ______
                                 
  SA 986. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       In the matter under the heading ``operation and 
     maintenance'' under the heading ``Corp of Engineers--Civil'' 
     under the heading ``CORP OF ENGINEERS--CIVIL, DEPARTMENT OF 
     THE ARMY'', strike ``such fees have been collected'' and all 
     that follows through the matter under the heading 
     ``regulatory program'' and insert the following:
       such fees have been collected;  Provided, That no funds 
     shall be made available to carry out a project for the 
     dredging of small ports unless the project complies with a 
     tonnage requirement of a minimum of 500,000 tons, which shall 
     be calculated by each relevant port authority and submitted 
     to the Corps of Engineers.

                           regulatory program

       None of the funds made available by this Act may be used to 
     enforce laws pertaining to regulation of navigable waters and 
     wetlands:  Provided, That $64,333,333 shall be deposited in 
     the Harbor Maintenance Trust Fund established by section 9505 
     of the Internal Revenue Code of 1954:  Provided further, That 
     $128,666,667 shall be deposited in the Treasury and used for 
     Federal budget deficit reduction or, if there is no Federal 
     budget deficit, for reducing the Federal debt in such manner 
     as the Secretary of the Treasury considers appropriate.
                                 ______
                                 
  SA 987. Mr. RUBIO (for himself, Mr. Cornyn, and Mrs. Hutchison) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2354, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  No funds made available under this Act may be 
     used for the implementation, enforcement, administration, or 
     finalization of regulations based on or under the Notice of 
     Proposed Rulemaking published in the Federal Register on 
     January 7, 2011 (76 Fed. Reg. 1105; REG-146097-09), and 
     corrected on January 18, 2011 (76 Fed. Reg. 2852), by the 
     Internal Revenue Service of the Department of the Treasury.
                                 ______
                                 
  SA 988. Mr. ENZI (for himself, Mr. DeMint, Mr. Paul, and Mr. Johanns) 
submitted an amendment intended to be proposed to amendment SA 957 
proposed by Mr. Reid to the bill H.R. 2354, making appropriations for 
energy and water development and related agencies for the fiscal year 
ending September 30, 2012, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 72, between lines 15 and 16, insert the following:
       Sec. ___.  None of the funds made available by this Act may 
     be used--
       (1) to implement or enforce section 430.32(x) of title 10, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of this Act); or
       (2) to implement or enforce the standards established by 
     the tables contained in section 325(i)(1)(B) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with 
     respect to ER incandescent reflector lamps, BR incandescent 
     reflector lamps, and BPAR incandescent reflector lamps.
                                 ______
                                 
  SA 989. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr.

[[Page 17514]]

 Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 102 of title I (under the heading ``CORPS OF 
     ENGINEERS--CIVIL, DEPARTMENT OF THE ARMY'').
                                 ______
                                 
  SA 990. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

                 DIVISION __--CORPS OF ENGINEERS REFORM

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Corps of Engineers 
     Reform Act of 2011''.

                   TITLE I--HARBOR MAINTENANCE REFORM

     SEC. 101. PURPOSE.

       The purpose of this title is to establish a harbor 
     maintenance block grant program to provide the maximum 
     flexibility to each State to carry out harbor maintenance and 
     deepening projects in the State.

     SEC. 102. DEFINITIONS.

       Except as otherwise specifically provided, in this title:
       (1) Harbor maintenance.--The term ``harbor maintenance'' 
     means any project directly related to the operations and 
     maintenance of a harbor, including additional development of 
     a harbor.
       (2) Lead agency.--The term ``lead agency'' means the agency 
     designated under section 106(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (4) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.

     SEC. 103. FUNDING.

       The harbor maintenance block grant program established 
     under section 104 shall be funded from the State Harbor 
     Maintenance Block Grant Account established under section 
     9505 of the Internal Revenue Code of 1986.

     SEC. 104. ESTABLISHMENT OF HARBOR MAINTENANCE BLOCK GRANT 
                   PROGRAM.

       The Secretary shall establish a program to make grants to 
     States in accordance with this title to carry out harbor 
     maintenance and deepening projects located in participating 
     States in accordance with the priorities determined by each 
     participating State, including operations and maintenance, 
     investigations, site infrastructure improvements, and new 
     construction projects at harbors.

     SEC. 105. REPORTS.

       (a) In General.--To be eligible to receive and expend 
     amounts for a fiscal year under this title, a State shall 
     prepare and submit to the Secretary a report describing the 
     activities that the State intends to carry out using amounts 
     received under this title, including information on the types 
     of activities to be carried out.
       (b) Availability and Comment.--A report under subsection 
     (a) shall be made public within the State in such a manner as 
     to facilitate comment by any person (including any Federal or 
     other public agency) during the development of the report and 
     after the completion of the report.
       (c) Revision.--
       (1) In general.--The report shall be revised throughout the 
     year as may be necessary to reflect substantial changes in 
     the activities assisted using amounts provided under this 
     title.
       (2) Availability and comment.--Any revision in the report 
     shall be subject to subsection (b).
       (d) No Additional Reports.--The Secretary may not impose 
     any reporting requirements on States to carry out this title 
     that are in addition to the reports specifically required 
     under this title.

     SEC. 106. LEAD AGENCY.

       (a) Designation.--The chief executive officer of a State 
     that seeks to receive a grant under this title shall 
     designate, in an application submitted to the Secretary under 
     section 107, an appropriate State agency that complies with 
     subsection (b) to act as the lead agency for the State.
       (b) Duties.--
       (1) In general.--The lead agency shall--
       (A) administer, directly or through other State agencies, 
     the financial assistance received under this title by the 
     State;
       (B) develop the State plan to be submitted to the Secretary 
     under section 107(a)(2);
       (C) in conjunction with the development of the State plan, 
     hold at least 1 hearing in the State to provide to the public 
     an opportunity to comment on the State plan; and
       (D) coordinate the implementation of harbor maintenance 
     projects under this title with applicable Federal, State, and 
     local agencies.
       (2) Development of plan.--In the development of the State 
     plan described in paragraph (1)(B), the lead agency shall 
     consult with appropriate representatives of units of general 
     purpose local government on issues relating to the State 
     plan.

     SEC. 107. APPLICATION AND PLAN.

       (a) Application.--To be eligible to receive assistance 
     under this title, a State shall prepare and submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary shall by rule 
     require, including--
       (1) an assurance that the State will comply with the 
     requirements of this title; and
       (2) a State plan that meets the requirements of subsection 
     (b).
       (b) Requirements of a Plan.--
       (1) Lead agency.--The State plan shall identify the lead 
     agency.
       (2) Use of block grant funds.--The State plan shall provide 
     that the State shall use the amounts provided to the State 
     for each fiscal year under this title to carry out harbor 
     maintenance and deepening projects.
       (c) Approval of Application.--The Secretary shall approve 
     an application that satisfies the requirements of this 
     section.

     SEC. 108. EFFECT ON ENVIRONMENTAL LAWS.

       Nothing in this title affects, alters, or modifies any 
     provisions of applicable Federal environmental laws 
     (including regulations).

     SEC. 109. ADMINISTRATION AND ENFORCEMENT.

       (a) Administration.--The Secretary shall--
       (1) coordinate all activities of the Department of Defense 
     relating to harbor maintenance activities, and, to the 
     maximum extent practicable, coordinate the activities with 
     similar activities of other Federal entities; and
       (2) provide technical assistance to assist States in 
     carrying out this title, including assistance on a 
     reimbursable basis.
       (b) Enforcement.--
       (1) Review of compliance with state plan.--The Secretary 
     shall--
       (A) review and monitor State compliance with--
       (i) this title; and
       (ii) the plan approved under section 107(c) for the State; 
     and
       (B) have the power to terminate payments to the State in 
     accordance with paragraph (2).
       (2) Noncompliance.--
       (A) In general.--
       (i) Application.--This subparagraph applies if the 
     Secretary, after reasonable notice to a State and opportunity 
     for a hearing, finds that--

       (I) there has been a failure by the State to comply 
     substantially with any provision or requirement set forth in 
     the plan approved under section 107(c) for the State in a 
     manner that constitutes fraud or abuse; or
       (II) in the operation of any program or activity for which 
     assistance is provided under this title, there is a failure 
     by the State to comply substantially with any provision of 
     this title in a manner that constitutes fraud or abuse.

       (ii) Notice.--If the Secretary makes the finding described 
     in subclause (I) or (II) of clause (i), the Secretary shall 
     notify the State of the finding and that no further payments 
     will be made to the State under this title (or, in the case 
     of noncompliance in the operation of a program or activity, 
     that no further payments to the State will be made with 
     respect to the program or activity) until the Secretary is 
     satisfied that there is no longer any such failure to comply 
     or that the noncompliance will be promptly corrected.
       (B) Additional sanctions.--In the case of a finding of 
     noncompliance made pursuant to subparagraph (A), the 
     Secretary may, in addition to imposing the sanctions 
     described in subparagraph (A), impose other appropriate 
     sanctions, including recoupment of funds improperly expended 
     for purposes prohibited or not authorized by this title, and 
     disqualification from the receipt of financial assistance 
     under this title.
       (C) Notice.--The notice required under subparagraph (A) 
     shall include specific identification of any additional 
     sanction being imposed under subparagraph (B).
       (3) Procedures.--The Secretary shall establish by 
     regulation procedures for--
       (A) receiving, processing, and determining the validity of 
     complaints concerning any failure of a State to comply with 
     the State plan or any requirement of this title; and
       (B) imposing sanctions under this section.

     SEC. 110. PAYMENTS.

       (a) In General.--
       (1) Payments.--A State that has an application approved by 
     the Secretary under section 107(c) shall be entitled to a 
     payment under this section for each fiscal year in an amount 
     that is equal to the allotment of the State under section 113 
     for the fiscal year.
       (2) State entitlement.--Subject to the availability of 
     funds under section 103, this title--
       (A) constitutes budget authority in advance of 
     appropriations Acts; and
       (B) represents the obligation of the Federal Government to 
     provide for the payment to States of the amount described in 
     paragraph (1).

[[Page 17515]]

       (b) Method of Payment.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may make payments to a State in installments, in advance, or 
     by way of reimbursement, with necessary adjustments on 
     account of overpayments or underpayments, as the Secretary 
     may determine.
       (2) Limitation.--The Secretary may not make the payments in 
     a manner that prevents the State from complying with section 
     107.

     SEC. 111. AUDITS.

       (a) Requirement.--After the close of each program period 
     covered by an application approved under section 107(c), a 
     State shall audit--
       (1) the expenditures of the State during the program period 
     from amounts received under this title; and
       (2) the maintenance by the State of unexpended amounts 
     received by the State under this title.
       (b) Independent Auditor.--An audit under this section shall 
     be conducted--
       (1) by an entity that is independent of any agency 
     administering activities that receive assistance under this 
     title; and
       (2) in accordance with generally accepted auditing 
     principles.
       (c) Submission.--Not later than 30 days after the 
     completion of an audit under this section, the State shall 
     submit a copy of the audit to the legislature of the State 
     and to the Secretary.
       (d) Repayment of Amounts.--
       (1) In general.--Except as provided in paragraph (2), each 
     State shall repay to the United States any amounts made 
     available to the State under this title and determined 
     through an audit under this section--
       (A) to have been expended in a manner that constitutes 
     fraud or abuse; or
       (B) to remain unexpended as a result of fraud or abuse.
       (2) Offset to amounts.--As an alternative to requiring 
     repayment of amounts under paragraph (1), the Secretary may 
     offset the amounts required to be repaid against any other 
     amounts to which the State is or may be entitled under this 
     title.

     SEC. 112. REPORT BY SECRETARY.

       Not later than 60 days after the date of enactment of this 
     Act, and annually thereafter, the Secretary shall submit to 
     the appropriate committees of Congress a report that 
     contains--
       (1) a summary and analysis of the data and information 
     provided to the Secretary in the State audits submitted under 
     section 111; and
       (2) an assessment, and if appropriate, recommendations for 
     Congress concerning efforts that should be undertaken to 
     improve harbor maintenance in the United States.

     SEC. 113. ALLOTMENTS.

       (a) In General.--For each fiscal year, the Secretary shall 
     allot to each participating State an amount that is equal to 
     the proportion that--
       (1) the amounts collected in the State for deposit in the 
     State Harbor Maintenance Block Grant Account for that fiscal 
     year in accordance with section 9505 of the Internal Revenue 
     Code of 1986; bears to
       (2) the total amount of funds in the State Harbor 
     Maintenance Block Grant Account in that fiscal year.
       (b) Insufficient Funds.--If the Secretary finds that the 
     total amount of allotments to which States would otherwise be 
     entitled for a fiscal year under subsection (a) will exceed 
     the amount of funds available to provide the allotments for 
     the fiscal year, the Secretary shall reduce the allotments 
     made to States under this subsection, on a pro rata basis, to 
     the extent necessary to allot under this subsection a total 
     amount that is equal to the funds that will be made 
     available.

     SEC. 114. AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.

       (a) In General.--Subsection (c) of section 9505 of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``Amounts'' and inserting ``Except as provided in subsection 
     (d), amounts''.
       (b) State Block Grants.--Section 9505 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(d) Establishment of State Block Grant Account.--
       ``(1) Creation of account.--There is established in the 
     Harbor Maintenance Trust Fund a separate account to be known 
     as the `State Harbor Maintenance Block Grant Account' 
     consisting of such amounts as may be transferred or credited 
     to the State Harbor Maintenance Block Grant Account as 
     provided in this section or section 9602(b).
       ``(2) Transfers to state harbor maintenance block grant 
     account.--The Secretary shall transfer to the State Harbor 
     Maintenance Block Grant Account the electing State amount of 
     the amounts appropriated to the Harbor Maintenance Trust Fund 
     under subsection (b).
       ``(3) Expenditures from account.--Except as provided in 
     paragraph (4), amounts in the State Harbor Maintenance Block 
     Grant Account shall be available for making expenditures to 
     fund the harbor maintenance block grant program authorized by 
     the Corps of Engineers Reform Act of 2011. The Secretary 
     shall, from time to time, transfer such amounts to such 
     accounts as are identified by the Secretary of the Army, 
     acting through the Chief of Engineers, for the purpose of 
     making such expenditures.
       ``(4) Limitations.--
       ``(A) Non-electing states.--Amounts in the State Harbor 
     Maintenance Block Grant Account shall not be used for making 
     any payment to a State, or for making expenditures within a 
     State, unless such State is an electing State.
       ``(B) Reservation of administrative costs.--
       ``(i) In general.--The expenditures under subsection (c)(3) 
     shall be borne by the State Harbor Maintenance Block Grant 
     Account and the General Account in proportion to the 
     respective amounts of the revenues transferred under this 
     section to the State Harbor Maintenance Block Grant Account 
     and the General Account (after the application of paragraph 
     (2)).
       ``(ii) Reservation.--The amounts required to bear the State 
     Harbor Maintenance Block Grant Account's share of the 
     expenditures under clause (i) shall be reserved for such 
     purpose and shall not be used to make any other expenditures.
       ``(iii) General account.--For purposes of this 
     subparagraph, the term `General Account' means the portion of 
     the Harbor Maintenance Trust Fund which is not the State 
     Harbor Maintenance Block Grant Account.
       ``(5) Definitions.--For purposes of this subsection--
       ``(A) Electing state amount.--The term `electing State 
     amount' means the portion of the amounts appropriated to the 
     Harbor Maintenance Trust Fund under subsection (b) which is 
     equivalent to the taxes received in the Treasury under 
     section 4461 which are collected from ports in electing 
     States.
       ``(B) Electing state.--The term `electing State' means a 
     State that has elected (by submission of the application 
     required under section 107 of the Corps of Engineers Reform 
     Act of 2011) to participate in the harbor maintenance block 
     grant program authorized by the Corps of Engineers Reform Act 
     of 2011.
       ``(6) Coordination with trust fund expenditures.--
     Expenditures under paragraphs (1) and (2) of subsection (c) 
     shall not be made to, or for projects located within, any 
     State which is an electing State.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts appropriated or transferred to the 
     Harbor Maintenance Trust Fund under section 9505 of the 
     Internal Revenue Code of 1986 after the date of the enactment 
     of this Act.

                 TITLE II--WATER RESOURCES DEVELOPMENT

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Water 
     Resources Commission established by section 203.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.

     SEC. 202. CORPS TRANSPARENCY.

       (a) Annual Publication of Authorized Projects.--
       (1) In general.--The Secretary shall publish annually a 
     list describing each authorized water resources project of 
     the Corps of Engineers in the Federal Register and on a 
     publically available website.
       (2) Contents.--For each authorized water resources project, 
     the list described in paragraph (1) shall include--
       (A) the date on which the water resources project was 
     authorized; and
       (B) the amount of Federal funds, if any, provided to the 
     water resources project during the 5 years immediately 
     preceding the date on which the list described in paragraph 
     (1) is published.
       (3) Report to congress.--The Secretary shall submit the 
     list described in paragraph (1) to--
       (A) the Committees on Environment and Public Works and 
     Appropriations of the Senate; and
       (B) the Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives.
       (b) Publication of Deauthorized Projects.--
       (1) In general.--Not later than 90 days after date of the 
     enactment of this Act, the Secretary shall publish a list 
     describing each water resources study or project of the Corps 
     of Engineers that is no longer authorized.
       (2) Contents.--For each water resources study or project 
     described in paragraph (1), the list described in paragraph 
     (1) shall include--
       (A) the date on which the water resources study or project 
     was authorized; and
       (B) the amount of Federal funds, if any, provided to the 
     water resources study or project for the 5 years immediately 
     following the date on which that study or project was 
     authorized.
       (3) Report to congress.--The Secretary shall submit the 
     list described in paragraph (1) to--
       (A) the Committees on Environment and Public Works and 
     Appropriations of the Senate; and
       (B) the Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives.

     SEC. 203. WATER RESOURCES COMMISSION.

       (a) Establishment of Commission.--

[[Page 17516]]

       (1) Establishment.--There is established a commission, to 
     be known as the ``Water Resources Commission'', to prioritize 
     water resources projects in the United States.
       (2) Membership.--
       (A) Composition.--
       (i) In general.--The Commission shall be composed of 11 
     members, of whom--

       (I) 1 member shall be appointed by the President;
       (II) 1 member shall be appointed by the Speaker of the 
     House of Representatives;
       (III) 1 member shall be appointed by the majority leader of 
     the Senate; and
       (IV) 8 members shall be appointed in accordance with clause 
     (ii) by the Speaker of the House of Representatives and the 
     majority leader of the Senate, in consultation with the 
     minority leader of the House of Representatives and the 
     minority leader of the Senate.

       (ii) Restrictions.--

       (I) In general.--Subject to subclause (II), each of the 8 
     members appointed under clause (i)(IV) shall represent 1 of 
     the following Corps of Engineers geographical divisions:

       (aa) Great Lakes & Ohio River Division.
       (bb) Mississippi Valley Division.
       (cc) North Atlantic Division.
       (dd) Northwestern Division.
       (ee) Pacific Ocean Division.
       (ff) South Atlantic Division.
       (gg) South Pacific Division.
       (hh) Southwestern Division.

       (II) Geographical representation.--Not more than 2 of the 
     members appointed under clause (i)(IV) shall represent the 
     same Corps of Engineers geographical division described in 
     subclause (I).

       (B) Qualifications.--
       (i) In general.--Subject to clause (ii), members shall be 
     appointed to the Commission from among individuals who--

       (I)(aa) are knowledgeable in the fields of navigation, 
     water infrastructure, or natural resources; or
       (bb) are recognized as having expertise in project 
     management or cost-benefit analysis; and
       (II) while serving on the Commission, do not hold any other 
     position as an officer or employee of the United States, 
     except as a retired officer or retired civilian employee of 
     the United States.

       (ii) Requirement.--At least 1 of the members under 
     subparagraph (A) shall have knowledge of safety issues 
     relating to water resources projects carried out by the Corps 
     of Engineers.
       (C) Date of appointments.--The members of the Commission 
     shall be appointed under subparagraph (A) not later than 90 
     days after the date of enactment of this Act.
       (3) Term; vacancies.--
       (A) Term.--A member shall be appointed for the life of the 
     Commission.
       (B) Vacancies.--A vacancy in the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled not later than 30 days after the date 
     on which the vacancy occurs, in the same manner as the 
     original appointment was made.
       (4) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (5) Meetings.--The Commission shall meet at the call of--
       (A) the Chairperson; or
       (B) the majority of the members of the Commission.
       (6) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (7) Chairperson and vice chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Commission.
       (b) Duties of Commission.--
       (1) Prioritization of water resources projects.--
       (A) In general.--In accordance with this section, the 
     Commission shall make recommendations for the means by which 
     to prioritize water resources projects of the Corps of 
     Engineers and prioritize water resources projects of the 
     Corps of Engineers that are not being carried out under a 
     continuing authorities program.
       (B) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to 
     Congress a report containing the recommendations and 
     prioritization method required under this paragraph.
       (C) Recommendations.--The report shall include 
     recommendations for--
       (i) a process of regularized prioritization assessments 
     that ensures continuity in project prioritization rankings 
     and the inclusion of newly authorized projects;
       (ii) a process to prioritize water resources projects 
     across project type; and
       (iii) a method of analysis, with respect to the 
     prioritization process, of recreation and other ancillary 
     benefits resulting from the construction of Corps of 
     Engineers projects.
       (D) Project inclusions.--The report shall include, at a 
     minimum, each water resources project authorized for study or 
     construction on or before the date of enactment of this Act.
       (E) Prioritization requirements.--
       (i) In general.--Each project described in the report shall 
     be categorized by project type and be classified into a tier 
     system of descending priority, to be established by the 
     Commission, in a manner that reflects the extent to which the 
     project achieves project prioritization criteria established 
     under subparagraph (F).
       (ii) Multipurpose projects.--Each multipurpose project 
     described in the report shall be classified--

       (I) by the project type that best represents the primary 
     project purpose, as determined by the Commission; and
       (II) into the tier system described in clause (i) within 
     that project type.

       (iii) Tier system requirements.--In establishing a tier 
     system under clause (i), the Commission shall ensure that 
     each tier--

       (I) is limited to total authorized project costs of 
     $5,000,000,000; and
       (II) includes not more than 100 projects.

       (iv) Balance.--The Commission shall seek, to the maximum 
     extent practicable, a balance between the water resource 
     needs of all States, regardless of the size or population of 
     a State.
       (F) Project prioritization criteria.--In preparing the 
     report, the Commission shall prioritize each water resources 
     project of the Corps of Engineers based on the extent to 
     which the project meets at least the following criteria and 
     such additional criteria as the Commission may fully explain 
     in the report:
       (i) For flood damage reduction projects, the extent to 
     which such a project--

       (I) addresses critical flood damage reduction needs of the 
     United States, including by reducing the risk of loss of 
     life;
       (II) avoids increasing risks to human life or damages to 
     property in the case of large flood events; and
       (III) avoids adverse environmental impacts or produces 
     environmental benefits.

       (ii) For navigation projects, the extent to which such a 
     project--

       (I) addresses priority navigation needs of the United 
     States, including by having a high probability of producing 
     the economic benefits projected with respect to the project 
     and reflecting regional planning needs, as applicable; and
       (II) avoids adverse environmental impacts.

       (iii) For environmental restoration projects, the extent to 
     which such a project addresses priority environmental 
     restoration needs of the United States, including by 
     restoring the natural hydrologic processes and spatial extent 
     of an aquatic habitat, while being, to the maximum extent 
     practicable, self-sustaining.
       (2) Availability.--The report prepared under this 
     subsection shall be--
       (A) published in the Federal Register; and
       (B) submitted to--
       (i) the Committees on Environment and Public Works and 
     Appropriations of the Senate; and
       (ii) the Committees on Transportation and Infrastructure 
     and Appropriations of the House of Representatives.
       (c) Powers of Commission.--
       (1) Hearings.--The Commission shall hold such hearings, 
     meet and act at such times and places, take such testimony, 
     administer such oaths, and receive such evidence as the 
     Commission considers advisable to carry out this section.
       (2) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the Federal agency 
     shall provide the information to the Commission.
       (3) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (4) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (d) Commission Personnel Matters.--
       (1) Compensation of members.--A member of the Commission 
     shall serve without pay, but shall be allowed a per diem 
     allowance for travel expenses, at rates authorized for an 
     employee of an agency under subchapter I of chapter 57 of 
     title 5, United States Code, while away from the home or 
     regular place of business of the member in the performance of 
     the duties of the Commission.
       (2) Staff.--
       (A) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws, including 
     regulations, appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       (B) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by a 
     majority of the members of the Commission.
       (C) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Chairperson of the Commission may fix the compensation of the 
     executive director and other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United

[[Page 17517]]

     States Code, relating to classification of positions and 
     General Schedule pay rates.
       (ii) Maximum rate of pay.--In no event shall any employee 
     of the Commission (other than the executive director) receive 
     as compensation an amount in excess of the maximum rate of 
     pay for Executive Level IV under section 5315 of title 5, 
     United States Code.
       (3) Detail of federal government employees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (B) Civil service status.--The detail of a Federal employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       (4) Procurement of temporary and intermittent services.--On 
     request of the Commission, the Secretary, acting through the 
     Chief of Engineers, shall provide, on a reimbursable basis, 
     such office space, supplies, equipment, and other support 
     services to the Commission and staff of the Commission as are 
     necessary for the Commission to carry out the duties of the 
     Commission under this section.
       (e) Termination.--The Commission shall terminate on the 
     date that is 90 days after the date on which the final report 
     of the Commission is submitted under subsection (b).

     SEC. 204. FUNDING.

       (a) Funding.--
       (1) In general.--In carrying out this title, the Commission 
     shall use funds made available for the general operating 
     expenses of the Corps of Engineers.
       (2) Priority water resources projects.--In carrying out the 
     water resources projects prioritized by the Commission under 
     section 203(b), the Secretary shall use funds made available 
     to the Corps of Engineers.
       (b) Use of Commission Report by Secretary.--
       (1) In general.--The Secretary shall use the priority 
     recommendations described in the report under section 203(b) 
     as a means of allocating amounts appropriated under 
     subsection (a)(2).
       (2) Exception.--The Secretary may deviate from the priority 
     recommendations in the report under section 203(b) by 
     advancing the priority of a project only if the Secretary 
     determines that--
       (A) the project is vital to the national interest of the 
     United States; and
       (B) failure to complete the project would cause significant 
     harm and expense to the United States.
       (c) Reports.--
       (1) In general.--For each fiscal year, the Secretary shall 
     submit to the committees described in paragraph (2), and make 
     available to the public on the Internet, a report that lists, 
     for the year covered by the report--
       (A) the water resources projects that receive funding and 
     are carried out in accordance with section 203(b); and
       (B) the water resources projects that receive funding and 
     are carried out on a project-by-project basis through line 
     items contained in appropriations Acts.
       (2) Committees.--The committees referred to in paragraph 
     (1) are--
       (A) the Committees on Environment and Public Works and 
     Appropriations of the Senate; and
       (B) the Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 991. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 38, line 13, insert ``: Provided further, That of 
     available funds, $10,000,000 shall be made available for the 
     weatherization innovation initiative'' before the period at 
     the end.
                                 ______
                                 
  SA 992. Mr. CASEY submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 66, between lines 2 and 3, insert the following:
       Sec. 312. (a) The Secretary of Energy shall conduct a study 
     that--
       (1) investigates the feasibility, viability, environmental 
     effects, safety, and economics of using natural gas as a 
     locomotive fuel in comparison to traditional methods of 
     railway locomotion; and
       (2) considers the practicability of natural gas fueling 
     systems for locomotives and the necessary natural gas 
     distribution network.
       (b) Not later than 1 year after the date of the enactment 
     of this Act, the Secretary shall submit a report containing 
     the results of the study conducted under subsection (a) to--
       (1) the Committee on Energy and Natural Resources of the 
     Senate;
       (2) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (3) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (4) the Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 993. Mr. CASEY submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 40, line 14, after ``States:'', insert the 
     following: ``Provided further, That, within available funds 
     for advanced turbine and combustion system technology, the 
     Secretary shall conduct research that includes the 
     investigation of novel approaches such as extracting energy 
     from high temperature gases, ultra-high temperature materials 
     development, and advanced turbine based power cycles that 
     have the potential to substantially increase the efficiency 
     and lower the cost of carbon capture in advanced clean coal 
     powered generation systems:''.
                                 ______
                                 
  SA 994. Mr. CARDIN (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 957 proposed by Mr. 
Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 247, after line 22, insert the following:

     SEC. 1001. INCLUSION OF HUMAN RIGHTS VIOLATORS IN CONSULAR 
                   DATABASE.

       The Secretary of State, in consultation with the Secretary 
     of Homeland Security, shall implement the Presidential 
     Proclamation published on August 4, 2011, by ensuring that 
     each individual identified in a Country Report on Human 
     Rights Practices as a human rights violator and any other 
     individual for whom the Secretary has credible information 
     about gross human rights violations--
       (1) is included in the Consular Lookout and Support System; 
     and
       (2) is not permitted to enter the United States unless a 
     senior consulate official or a senior immigration officer 
     determines, after a careful review of the circumstances under 
     which the individual received such designation, that the 
     individual is not inadmissible under section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)).
                                 ______
                                 
  SA 995. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       In title III, in the matter under the heading ``Energy 
     Efficiency and Renewable Energy'', before the period at the 
     end, insert ``: Provided further, That, within available 
     funds for Industrial Technologies, the Secretary of Energy 
     shall use not less than $20,000,000 for the Energy Innovation 
     Hub for Critical Materials, including research focused on 
     rare earths, rare earth substitutes, and related materials, 
     on refining, recycling, minimizing, and alloying rare earths 
     and related materials, and on use of rare earths and related 
     materials in electronics, energy, and information and related 
     technologies and systems''.
                                 ______
                                 
  SA 996. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Section 4 of the Act entitled ``An Act Making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes,'' approved March 4, 1915 (33 U.S.C. 560), is 
     amended in the matter before the proviso--
       (1) by inserting ``for work, which includes planning and 
     design,'' after ``to be expended''; and
       (2) by striking ``work of'' and inserting ``study or 
     project for''.
       (b) Section 11 of the Act entitled ``An Act Authorizing the 
     construction, repair, and preservation of certain public 
     works on rivers and harbors, and for other purposes,'' 
     approved March 3, 1925 (33 U.S.C. 561), is amended in the 
     first sentence--

[[Page 17518]]

       (1) by striking ``a work of'' and inserting ``work, which 
     includes planning and design, for an authorized study or 
     project for a''; and
       (2) by striking ``duly adopted and authorized by law''.
       (c) Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), 
     is amended--
       (1) by inserting ``for work, which includes planning and 
     design,'' before ``to be expended''; and
       (2) by striking ``restoration work'' and inserting 
     ``restoration study or project''.
       (d) Section 1 of the Act of October 15, 1940 (33 U.S.C. 
     701h-1), is amended in the first sentence by striking ``a 
     flood-control project duly adopted and authorized by law'' 
     and inserting ``an authorized flood-control study or 
     project,''.
                                 ______
                                 
  SA 997. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 101, lines 7 and 8, strike ``$1,795,641,000, to 
     remain available until expended: Provided,'' and insert 
     ``$1,801,641,000, to remain available until expended: 
     Provided, That, of the amount appropriated, not less than 
     $5,000,000 shall be used to promote renewable energy 
     deployment in accordance with section 803 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17282): 
     Provided further, That each amount provided by this Act 
     (other than the amount provided by the preceding proviso) is 
     reduced by the pro rata percentage required to reduce the 
     total amount provided by this Act by $5,000,000: Provided 
     further,''.
                                 ______
                                 
  SA 998. Mrs. SHAHEEN (for herself and Mr. Coburn) submitted an 
amendment intended to be proposed to amendment SA 957 proposed by Mr. 
Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V of division A, add the following:
       Sec. 5__. (a) In this section, the term ``limousine'' means 
     a passenger vehicle that meets the criteria contained in 
     Federal Management Regulation B-29 of the General Services 
     Administration published on July 11, 2011.
       (b)(1) For the Federal fleet report for fiscal year 2011, 
     each Federal agency shall submit, through the Federal 
     automotive statistical tool of the General Services 
     Administration, information on all limousines of the Federal 
     agency.
       (2) Not later than 60 days after the date of enactment of 
     this Act, each Federal agency reporting 5 or more limousines 
     in the inventory of the Federal agency for fiscal year 2011 
     under paragraph (1) shall submit to Congress a report that 
     describes--
       (A) to the maximum extent practicable, the number of 
     limousines in the vehicle inventory of the Federal agency for 
     each of fiscal years 2008, 2009, and 2010;
       (B) the cost of purchasing, leasing, and operating 
     limousines in the vehicle inventory of the Federal agency for 
     fiscal year 2011; and
       (C) a plan to reduce the total cost described in 
     subparagraph (B) by at least 20 percent.
                                 ______
                                 
  SA 999. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 92, between lines 19 and 20, insert the following:
       Sec. 118.  Not later than 90 days after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     make available to the Committees on Appropriations of the 
     Senate and the House of Representatives and the public all 
     records of payments of attorneys fees and expenses made under 
     section 1304 of title 31, United States Code, that have been 
     made since January 1, 2003 and shall continue to make the 
     records of any such payments made hereafter available to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives and the public:  Provided, That, such records 
     shall be made available on a publically accessible and 
     searchable Internet website database and each record made 
     available for each payment shall contain information that 
     clearly identifies the entity receiving the payment, the 
     amount of the total payment to each entity, and a breakdown 
     of the payment showing the attorneys fees and expenses and 
     relevant statute, matter, and agency:  Provided further, That 
     such records and information shall not be made available if 
     the disclosure of such information is otherwise prohibited by 
     law or is not in the best interest of national security and 
     the Secretary of the Treasury certifies in writing to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives the rationale for withholding any individual 
     payment information:  Provided further, That the preceding 
     proviso, or any other provision of law regarding disclosure 
     prohibitions, shall not apply to any records of payments made 
     as a result of any executive branch, Federal department, 
     agency, or instrumentality statutory or regulatory approval 
     or permit related case, court order, consent decree, or 
     Federal department, agency, or instrumentality settlement.
                                 ______
                                 
  SA 1000. Mr. WICKER (for himself, Mr. Boozman, and Mr. Inhofe) 
submitted an amendment intended to be proposed to amendment SA 957 
proposed by Mr. Reid to the bill H.R. 2354, making appropriations for 
energy and water development and related agencies for the fiscal year 
ending September 30, 2012, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title VII of division B, add the following:
       Sec. 7__.  None of the funds made available by this Act for 
     fiscal year 2012 may be obligated or expended to implement or 
     use green building rating standards unless the standards--
       (1)(A) are developed in accordance with rules accredited by 
     the American National Standards Institute; and
       (B) are approved as American National Standards; or
       (2) incorporate and document the use of lifecycle 
     assessment in the evaluation of building materials.
                                 ______
                                 
  SA 1001. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BUREAUCRATIC EARMARKS.

       (a) Definitions.--In this section--
       (1) the term ``agency'' has the meaning given that term 
     under section 551(1) of title 5, United States Code; and
       (2) the term ``covered domestic assistance''--
       (A) means--
       (i) any assistance under a domestic assistance program (as 
     those terms are defined in section 6101 of title 31, United 
     States Code); and
       (ii) any Federal credit assistance, including loan 
     guarantees, lines of credit, and direct loans; and
       (B) does not include--
       (i) any grants or other assistance provided under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.); and
       (ii) any assistance described in subparagraph (A) that--

       (I) is provided in accordance with a statutory formula;
       (II) is provided through direct spending (as defined in 
     section 250 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900));
       (III) is--

       (aa) primarily awarded to a State; and
       (bb) awarded to each State; or

       (IV) is solely technical assistance provided by an agency 
     to a State or a political subdivision of a State, including 
     authorities designated to carry out public works on behalf of 
     a State or political subdivision of a State.

       (b) Reporting Before Award.--
       (1) Submission.--
       (A) In general.--Subject to paragraph (5), not later than 
     45 days before the date on which an agency awards covered 
     domestic assistance, the head of the agency shall submit to 
     Congress and the Comptroller General of the United States a 
     report regarding the proposed award.
       (B) Limitation on authority.--Subject to paragraph (5), the 
     head of an agency may not award covered domestic assistance 
     to a proposed awardee--
       (i) until the date that is 45 days after the date on which 
     the head of the agency submits the report under subparagraph 
     (A) relating to the proposed award; or
       (ii) if a joint resolution described in subsection (d) is 
     enacted relating to the proposed award.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) the name, address, principal point of contact, and 
     contact information of the proposed awardee;
       (B) the city, State, congressional district, and county in 
     which performance of the activities under the covered 
     domestic assistance will primarily take place;
       (C) the amount being awarded to the awardee;

[[Page 17519]]

       (D) whether the award is a multi-year award and, if the 
     award is a multi-year award, and without regard to whether 
     the funds for any fiscal year after the first fiscal year 
     after the award are not finalized or are subject to the 
     availability of funds--
       (i) the amount of funding for each fiscal year after the 
     first fiscal year of the award; and
       (ii) the aggregate funding level for all fiscal years;
       (E) the type of covered domestic assistance to be awarded 
     to the awardee;
       (F) all relevant information about the agency awarding the 
     covered domestic assistance, including the specific program 
     within the agency and all relevant contact persons at the 
     agency who made the decision to award the covered domestic 
     assistance;
       (G) the number assigned to the covered domestic assistance 
     program under the Catalog of Federal Domestic Assistance 
     Programs required to be published by the Administrator of 
     General Services under section 6104 of title 31, United 
     States Code;
       (H) a detailed description or abstract of how the awardee 
     will use the covered domestic assistance;
       (I) an abbreviated description of how the awardee will use 
     the covered domestic assistance;
       (J) except as provided in paragraph (3), a complete copy of 
     the application for the covered domestic assistance submitted 
     by the applicant;
       (K) the text of the statute authorizing the covered 
     domestic assistance program; and
       (L) a statement--
       (i) describing why the award of the covered domestic 
     assistance is a justifiable use of Federal funds in 
     accordance with the authorizing statute; and
       (ii) indicating why the award of the covered domestic 
     assistance is justified under the authorizing statute.
       (3) Proprietary information.--
       (A) In general.--In consultation with the Director of the 
     Office of Management and Budget, the head of each agency 
     shall establish a means for an applicant for covered domestic 
     assistance to designate as proprietary sensitive technology 
     or research information submitted in an application.
       (B) Information not subject to designation.--An applicant 
     may not designate as proprietary information any information 
     described in subparagraph (H) or (I) of paragraph (2).
       (C) Designation.--
       (i) In general.--If an applicant for covered domestic 
     assistance designates information as proprietary under 
     subparagraph, the information shall not be submitted to 
     Congress or the Comptroller General under paragraph (2).
       (ii) Agency may not designate.--An agency may not designate 
     information as proprietary under this paragraph.
       (4) Classified programs.--If covered domestic assistance is 
     inherently classified in nature, the report submitted under 
     paragraph (2) may be submitted in classified form or 
     transmitted to Congress and the Comptroller General using 
     other means determined appropriate by the Comptroller 
     General.
       (5) Exemptions.--
       (A) Multi-year awards.--The head of an agency is not 
     required to submit a report under paragraph (2) and may award 
     covered domestic assistance without regard to paragraph (1) 
     if the award is--
       (i) a continuation of funding under an award for which the 
     head of the agency disclosed information in a previous fiscal 
     year under subparagraphs (C) and (D) of paragraph (2); and
       (ii) in an amount that is not more than the amount the head 
     of the agency indicated was to be awarded for the fiscal year 
     under paragraph (2)(D).
       (B) Smaller awards.--
       (i) In general.--Subject to clause (ii), the head of an 
     agency is not required to submit a report under paragraph (2) 
     and may award covered domestic assistance without regard to 
     paragraph (1) if--

       (I) for a 1-year award, the award is in an amount that 
     would have been in the lowest 10 percent of the amounts of 
     awards of covered domestic assistance for the previous fiscal 
     year; and
       (II) for a multi-year award, the total amount of the award 
     over all fiscal years is in an amount that would have be in 
     the lowest 10 percent of the amounts of awards of covered 
     domestic assistance for the previous fiscal year.

       (ii) Restriction.--During any fiscal year, the head of an 
     agency may not make under clause (i) more than the number of 
     covered domestic assistance awards equal to 10 percent of the 
     number of awards of covered domestic assistance made by the 
     head of the agency during the previous fiscal year.
       (6) Report.--The Inspector General with jurisdiction of an 
     agency that awards covered domestic assistance under 
     paragraph (5) shall submit to Congress an annual report 
     evaluating a representative sample of such awards. The report 
     shall indicate whether the agency operated within the 
     authority under paragraph (5) and evaluate whether the agency 
     acted in accordance with the intent of Congress.
       (c) Database.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall 
     establish and maintain an online database of the information 
     submitted under subsection (b), which--
       (A) shall be accessible by Members of Congress and 
     appropriate congressional employees;
       (B) shall be easily navigable, searchable, and sortable; 
     and
       (C) shall be accessible by the public.
       (2) Receipt and posting of information.--The Comptroller 
     General shall--
       (A) develop a means for agencies to submit all information 
     required under subsection (b) electronically; and
       (B) not later than 2 business days after receiving 
     information from an agency under subsection (b), include the 
     information in the database established under paragraph (1).
       (3) Use of existing infrastructure.--
       (A) In general.--To the greatest extent practicable, the 
     Comptroller General shall--
       (i) develop a means of submitting information that is 
     comparable and may be integrated into information technology 
     infrastructure and grant management systems of agencies that 
     are in use on the date of enactment of this Act; and
       (ii) use and build from reporting technology and databases 
     of agencies in use on the date of enactment of this Act, 
     including Recovery.gov and USAspending.gov.
       (B) Information from agencies.--Upon request, the head of 
     each agency shall make available to the Comptroller General 
     the software required for any infrastructure, system, 
     technology, or database described in subparagraph (A) for 
     purposes of developing an integrated system.
       (d) Procedures in the House of Representatives and 
     Senate.--
       (1) Definitions.--In this subsection--
       (A) the term ``first House'' means the House that 
     transmitted to the other House a joint resolution of that 
     House;
       (B) the term ``joint resolution'' means only a joint 
     resolution--
       (i) introduced during the period beginning on the date on 
     which a report regarding a proposed award of covered domestic 
     assistance is received by Congress under subsection (b) and 
     ending 45 days thereafter;
       (ii) the matter after the resolving clause of which is as 
     follows: ``That the proposed award of covered domestic 
     assistance (as defined in the Bureaucratic Earmark Disclosure 
     Act of 2011) to __________, valued at $________, shall not be 
     awarded, such amount is rescinded from the unobligated 
     balances in the appropriations account for the program under 
     which the covered domestic assistance was proposed to be 
     awarded, and an award for the same purpose as the proposed 
     award of covered domestic assistance may not be made to the 
     same recipient.'', the first blank space being filled in with 
     the name of the individual or entity to which the covered 
     domestic assistance described in clause (i) is proposed to be 
     awarded and the second blank space being filled in with the 
     amount proposed to be awarded; and
       (iii) that relates to 1 proposed award of covered domestic 
     assistance; and
       (C) the term ``second House'' means the House receiving a 
     joint resolution from the other House.
       (2) Introduction, referral, and consideration.--
       (A) In general.--
       (i) Introduction.--During the 45-day period beginning on 
     the date on which a report regarding a proposed award of 
     covered domestic assistance is received by Congress under 
     subsection (b) it shall be in order for a Member of the House 
     of Representatives or the Senate to introduce a joint 
     resolution.
       (ii) Period for procedures.--The procedures under this 
     subsection shall only apply to a joint resolution during the 
     45-day period beginning on the date on which the report 
     regarding the proposed award of covered domestic assistance 
     to which the joint resolution relates is received by Congress 
     under subsection (b).
       (B) Referral.--
       (i) In general.--A joint resolution introduced under 
     subparagraph (A) shall be referred to the appropriate 
     committee of the Senate and the House of Representatives.
       (ii) Jurisdiction of multiple committees.--If a joint 
     resolution is within the jurisdiction of more than 1 
     committee of the House of Representatives, the joint 
     resolution shall be referred to the Committee on Oversight 
     and Government Reform of the House of Representatives.
       (C) Committees.--In a committee of the Senate or the House 
     of Representatives, an amendment to a joint resolution shall 
     not be in order.
       (3) Discharge.--In the House of Representatives and the 
     Senate, if the committee to which a joint resolution 
     (including a joint resolution referred to a committee under 
     paragraph (6)(C)) is referred has not reported the joint 
     resolution at the end of 5 calendar days (excluding any 
     period when either House is not in session for more than 3 
     days) after the date on which the joint resolution was 
     referred to the committee, upon a petition supported in 
     writing signed by 50 Members of the House of Representatives 
     or 30 Senators, respectively, the committee shall be 
     discharged from further consideration of

[[Page 17520]]

     the joint resolution and the joint resolution shall be placed 
     on the calendar.
       (4) Consideration in the senate.--
       (A) In general.--In the Senate, when the committee to which 
     a joint resolution is referred has reported, when a committee 
     is discharged (under paragraph (3)) from further 
     consideration of a joint resolution, or when a joint 
     resolution of the House of Representatives has been placed on 
     the calendar under paragraph (6)(B), it shall be at any time 
     thereafter in order (even though a previous motion to the 
     same effect has been disagreed to) for any Senator to move to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived.
       (B) Motion.--A motion described in subparagraph (A) is 
     privileged and is not subject to amendment, a motion to 
     postpone, a motion to table, or to a motion to proceed to the 
     consideration of other business. A motion to reconsider the 
     vote by which the motion is agreed to or disagreed to shall 
     not be in order. If a motion to proceed to the consideration 
     of the joint resolution is agreed to, the joint resolution 
     shall remain the unfinished business of the Senate until 
     disposed of.
       (C) Debate.--In the Senate--
       (i) debate on a joint resolution and on all debatable 
     motions and appeals in connection with the joint resolution 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution;
       (ii) an amendment to, a motion to postpone, or a motion to 
     recommit the joint resolution is not in order;
       (iii) a motion to proceed to the consideration of other 
     business is not in order;
       (iv) a motion further to limit debate is in order and is 
     not debatable; and
       (v) a motion to reconsider shall not be in order.
       (D) Vote on final passage.--In the Senate, immediately 
     following the conclusion of the debate on a joint resolution, 
     and a single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       (E) Rulings of the chair on procedure.--Decisions of the 
     Chair relating to the application of the rules of the Senate 
     to the procedure relating to a joint resolution shall be 
     decided without debate.
       (5) Consideration in the house of representatives.--
       (A) In general.--In the House of Representatives, when the 
     committee to which a joint resolution is referred has 
     reported, when a committee is discharged (under paragraph 
     (3)) from further consideration of a joint resolution, or 
     when a joint resolution of the Senate has been placed on the 
     calendar under paragraph (6)(B), it shall be in order at a 
     time designated by the Speaker of the House of 
     Representatives or a designee during the legislative schedule 
     on either of the 2 legislative days next following that on 
     which the joint resolution is reported or discharged for any 
     Member to move to proceed to the consideration of the joint 
     resolution. If the Speaker does not designate a time for 
     considering the motion before the conclusion of legislative 
     business on the second legislative day following that on 
     which the joint resolution is reported or discharged, it 
     shall be in order on any subsequent legislative day for any 
     Member to move to proceed to the consideration of the joint 
     resolution. All points of order against the joint resolution 
     (and against consideration of the joint resolution) are 
     waived.
       (B) Motion.--A motion described in subparagraph (A) is 
     highly privileged and is not subject to amendment, a motion 
     to postpone, or to a motion to proceed to the consideration 
     of other business. A motion to reconsider the vote by which 
     the motion is agreed to or disagreed to shall not be in 
     order. If a motion to proceed to the consideration of the 
     joint resolution is agreed to, the joint resolution shall 
     remain the unfinished business of the House of 
     Representatives until disposed of.
       (C) Debate.--In the House of Representatives--
       (i) the previous question shall be considered as ordered on 
     a joint resolution to its passage without intervening motion, 
     except that--

       (I) 2 hours of debate equally divided and controlled by a 
     proponent and an opponent are allowed; and
       (II) it shall be in order to make 1 motion to further limit 
     debate on the joint resolution, which is not debatable;

       (ii) an amendment to, a motion to postpone, or a motion to 
     recommit the resolution shall not be in order;
       (iii) a motion to proceed to the consideration of other 
     business shall not be in order; and
       (iv) a motion to reconsider shall not be in order.
       (D) Rulings of the chair on procedure.--All appeals from 
     the decisions of the Chair relating to the application of the 
     Rules of the House of Representatives to the procedure 
     relating to a joint resolution shall be decided without 
     debate.
       (6) Receipt of joint resolution by other house.--
       (A) In general.--If the second House receives from the 
     first House a joint resolution, the Chair shall determine 
     whether the joint resolution is identical to a joint 
     resolution of the second House.
       (B) Identical joint resolutions.--If the second House 
     receives an identical joint resolution, the joint resolution 
     of the first House shall not be referred to a committee.
       (C) No corresponding joint resolution.--If a House receives 
     a joint resolution that is not identical to a joint 
     resolution of that House, the joint resolution shall be 
     referred to the appropriate committee of that House.
       (7) Rulemaking.--This subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a joint resolution, and it 
     supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       (e) Short Title.--This section may be cited as the 
     ``Bureaucratic Earmark Disclosure Act of 2011''.
                                 ______
                                 
  SA 1002. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title III of division A, add the following:
       Sec. 3__.  In the event that the recipient of a loan 
     guarantee issued by the Department of Energy using funds made 
     available under this Act defaults and is subsequently in 
     repayment on the loan guarantee, the Federal Government shall 
     be the first party to be repaid.
                                 ______
                                 
  SA 1003. Mr. ROBERTS (for himself, Mr. Johanns, and Mr. Boozman) 
submitted an amendment intended to be proposed to amendment SA 957 
proposed by Mr. Reid to the bill H.R. 2354, making appropriations for 
energy and water development and related agencies for the fiscal year 
ending September 30, 2012, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 37, between lines 15 and 16, insert the following:
       Sec. 2__. (a) Use of Authorized Pesticides.--Section 3(f) 
     of the Federal Insecticide, Fungicide, and Rodenticide Act (7 
     U.S.C. 136a(f)) is amended by adding at the end the 
     following:
       ``(5) Use of authorized pesticides.--Except as provided in 
     section 402(s) of the Federal Water Pollution Control Act, 
     the Administrator or a State may not require a permit under 
     that Act for a discharge from a point source into navigable 
     waters of a pesticide authorized for sale, distribution, or 
     use under this Act, or the residue of such a pesticide, 
     resulting from the application of the pesticide.''.
       (b) Discharges of Pesticides.--Section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) is amended by 
     adding at the end the following:
       ``(s) Discharges of Pesticides.--
       ``(1) No permit requirement.--Except as provided in 
     paragraph (2), a permit shall not be required by the 
     Administrator or a State under this Act for a discharge from 
     a point source into navigable waters of a pesticide 
     authorized for sale, distribution, or use under the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.), or the residue of such a pesticide, resulting from the 
     application of the pesticide.
       ``(2) Exceptions.--Paragraph (1) shall not apply to the 
     following discharges of a pesticide or pesticide residue:
       ``(A) A discharge resulting from the application of a 
     pesticide in violation of a provision of the Federal 
     Insecticide, Fungicide, and Rodenticide Act that is relevant 
     to protecting water quality, if--
       ``(i) the discharge would not have occurred but for the 
     violation; or
       ``(ii) the quantity of pesticide or pesticide residue in 
     the discharge is greater than would have occurred without the 
     violation.
       ``(B) Stormwater discharges subject to regulation under 
     subsection (p).
       ``(C) The following discharges subject to regulation under 
     this section:
       ``(i) Manufacturing or industrial effluent.
       ``(ii) Treatment works effluent.
       ``(iii) Discharges incidental to the normal operation of a 
     vessel, including a discharge resulting from ballasting 
     operations or vessel biofouling prevention.''.
                                 ______
                                 
  SA 1004. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 957 proposed by Mr.

[[Page 17521]]

Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 41, line 17, strike ``Provided,'' and all 
     that follows through page 42, line 12, and insert the 
     following:
      Provided, That during fiscal year 2012 and hereafter, the 
     quantity of petroleum products sold from the Reserve under 
     the authority of this Act may only be replaced using the 
     authority provided in paragraph (a)(1) or (3) of section 160 
     of the Energy Policy and Conservation Act (42 U.S.C. 
     6240(a)(1) or (3)): Provided further, That unobligated 
     balances in this account shall be available to cover the 
     costs of any sale under this Act.

                   Northeast Home Heating Oil Reserve

                    (including rescission of funds)

       For necessary expenses for Northeast Home Heating Oil 
     Reserve storage, operation, and management activities 
     pursuant to the Energy Policy and Conservation Act, 
     $10,119,000, to remain available until expended: Provided, 
     That amounts net of the purchase of 1 million barrels of 
     petroleum distillates in fiscal year 2011; costs related to 
     transportation, delivery, and storage; and sales of petroleum 
     distillate from the Reserve under section 182 of the Energy 
     Policy and Conservation Act (42 U.S.C. 6250a) are hereby 
     permanently rescinded: Provided further, That notwithstanding 
     section 181 of the Energy Policy and Conservation Act (42 
     U.S.C. 6250), for fiscal year 2012 and hereafter, the Reserve 
     shall contain no more than 1 million barrels of petroleum 
     distillate.
                                 ______
                                 
  SA 1005. Ms. SNOWE (for herself and Mr. Kohl) submitted an amendment 
intended to be proposed to amendment SA 957 proposed by Mr. Reid to the 
bill H.R. 2354, making appropriations for energy and water development 
and related agencies for the fiscal year ending September 30, 2012, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 39, line 20, insert ``: Provided further, That the 
     Secretary shall use $10,000,000 to prioritize, in cooperation 
     and full consultation with potential host communities, the 
     consolidation of nuclear waste from permanently shut down 
     facilities'' before the period at the end.
                                 ______
                                 
  SA 1006. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 46, line 23, before the period, insert the 
     following: ``: Provided further, That none of the funds made 
     available under this heading may be used to make a loan 
     guarantee to an applicant if the value of the loan guarantee 
     is $250,000,000 or more unless the Secretary of Energy 
     requires a financial review of the project by an independent 
     third party that includes a review of creditworthiness, 
     construction factors, legal and regulatory issues, and other 
     appropriate financial policy criteria, the third party 
     reviewer submits to Congress, the Secretary, and the Director 
     of the Office of Management and Budget a report on the 
     results of the review, and a period of at least 60 days 
     elapses after the date of the submission of the report before 
     the loan guarantee is made''.
                                 ______
                                 
  SA 1007. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 38, line 13, insert before the period at the end 
     the following: ``: Provided further, That of the funds made 
     available for the Office of Energy Efficiency and Renewable 
     Energy, $20,000,000 may be used to establish an energy 
     efficiency financing program to provide financing, including 
     through direct loans, revolving loan funds, or other 
     financial support for commercial and residential building 
     energy efficiency projects, administered in coordination with 
     any program offices considered appropriate by the 
     Secretary''.

                                 ______
                                 
  SA 1008. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REDUCTION OF INTEREST RATES ON SMALL BUSINESS 
                   DISASTER LOANS.

       (a) Amendment.--Section 7(d) of the Small Business Act (15 
     U.S.C. 636(d)) is amended--
       (1) in paragraph (4), by striking ``Notwithstanding'' and 
     inserting ``Except as provided in paragraph (8) and 
     notwithstanding'';
       (2) in paragraph (5), by striking ``Notwithstanding'' and 
     inserting ``Except as provided in paragraph (8) and 
     notwithstanding''; and
       (3) by adding at the end the following:
       ``(8) Property Damage to Businesses.--The interest rate on 
     the Federal share of any loan under subsection (b)(1) made to 
     a business concern on or after August 26, 2011, shall be--
       ``(A) 1 percent per year, in the case of a business concern 
     unable to obtain credit elsewhere; and
       ``(B) 3 percent per year, in the case of a business concern 
     able to obtain credit elsewhere.''.
       (b) Prospective Repeal.--Effective September 30, 2014, 
     section 7(d) of the Small Business Act (15 U.S.C. 636(d)), as 
     amended by subsection (a) is amended--
       (1) in paragraph (4), by striking ``Except as provided in 
     paragraph (8) and notwithstanding'' and inserting 
     ``Notwithstanding'';
       (2) in paragraph (5), by striking ``Except as provided in 
     paragraph (8) and notwithstanding'' and inserting 
     ``Notwithstanding''; and
       (3) by striking paragraph (8).
                                 ______
                                 
  SA 1009. Mrs. HAGAN (for herself and Mr. Casey) submitted an 
amendment intended to be proposed by her to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. HUBZONE REDESIGNATED AREAS.

       Section 3(p)(4)(C)(i) of the Small Business Act (15 U.S.C. 
     632(p)(4)(C)(i)) is amended to read as follows:
       ``(i) 3 years after the first date on which the 
     Administrator publishes a HUBZone map that is based on the 
     results from the 2010 decennial census; or''.
                                 ______
                                 
  SA 1010. Mr. MENENDEZ (for himself, Mr. Reid, and Mr. Rubio) 
submitted an amendment intended to be proposed to amendment SA 957 
proposed by Mr. Reid to the bill H.R. 2354, making appropriations for 
energy and water development and related agencies for the fiscal year 
ending September 30, 2012, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of division A, add the following:

              TITLE __--SMITHSONIAN AMERICAN LATINO MUSEUM

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Smithsonian American 
     Latino Museum Act''.

     SEC. __2. ESTABLISHMENT OF MUSEUM.

       There is established within the Smithsonian Institution a 
     museum to be known as the ``Smithsonian American Latino 
     Museum''.

     SEC. __3. LOCATION AND AUTHORIZATION.

       (a) Arts and Industries Building.--The Arts and Industries 
     Building of the Smithsonian Institution, located on the 
     National Mall at 900 Jefferson Drive, Southwest, Washington, 
     District of Columbia, including a new underground annex 
     facility, is designated as the location of the Smithsonian 
     American Latino Museum.
       (b) Planning and Construction.--The Board of Regents of the 
     Smithsonian Institution, in consultation with the Secretary 
     of the Interior, the Commission of Fine Arts, and the 
     National Capital Planning Commission, and with other 
     appropriate Federal and local agencies, is authorized to 
     prepare plans, design, renovate, rehabilitate, and construct 
     the Smithsonian American Latino Museum facility, as referred 
     to in the May 2011 Report to Congress of the Commission to 
     Study the Potential Creation of a National Museum of the 
     American Latino.
       (c) Schedule and Funding; Study.--
       (1) Schedule and funding.--
       (A) In general.--The Board of Regents is authorized to 
     prepare a plan of action for the Smithsonian American Latino 
     Museum, and to identify and evaluate viable funding models 
     for both construction and operation of the Museum.
       (B) Timing.--The plan of action authorized in subparagraph 
     (A) shall be concluded not later than 18 months after the 
     date of enactment of this Act.
       (2) Water and related resources study.--The Secretary of 
     the Interior, acting through the Commissioner of the Bureau 
     of Reclamation, shall conduct a study on--
       (A) the connection between Latino life, heritage, 
     advancement, and survival and the water supplies of the 
     United States, through irrigation, farming, and development; 
     and
       (B) the historical role the Latino community has played in 
     managing, developing, and protecting water and related 
     resources in the West.

[[Page 17522]]



     SEC. __4. AGREEMENT WITH SECRETARY OF THE INTERIOR.

       The Secretary of the Interior and the Board of Regents of 
     the Smithsonian Institution shall enter into an agreement 
     that--
       (1) allows for the planning, design, and construction of 
     the underground annex facility by the Board of Regents, in a 
     manner harmonious with and to protect the open space and 
     visual sightlines of the Mall; and
       (2) provides a timeline for the transfer of administrative 
     jurisdiction, if necessary, of the appropriate subsurface 
     area from the Secretary of the Interior to the Smithsonian 
     Institution.

     SEC. __5. CONSIDERATION OF RECOMMENDATIONS OF COMMISSION.

       In carrying out its duties under this title, the Board of 
     Regents of the Smithsonian Institution shall take into 
     consideration the reports and plans submitted by the 
     Commission to Study the Potential Creation of a National 
     Museum of the American Latino under section 333 of the 
     Consolidated Natural Resources Act of 2008 (Public Law 110-
     229; 122 Stat. 784).
                                 ______
                                 
  SA 1011. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 41, line 22, insert the following before the period 
     at the end: ``: Provided further, That none of the funds 
     appropriated by this Act shall be used to conduct any sales 
     of petroleum products from the Strategic Petroleum Reserve 
     until the Secretary of State issues all permits necessary for 
     the construction and operation of a strategic pipeline to 
     deliver petroleum products from Canada oil sands to the Gulf 
     of Mexico''.
                                 ______
                                 
  SA 1012. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title I of division A, add the following:
       Sec. 1__. (a) None of the funds made available to the 
     Secretary of the Army to carry out activities of the Corps of 
     Engineers shall be used in a manner that is inconsistent with 
     this section.
       (b)(1) The Secretary of the Army shall establish a pilot 
     program to evaluate the cost-effectiveness and project 
     delivery efficiency of non-Federal sponsors as the lead 
     project delivery team for authorized civil works flood 
     control construction projects of the Corps of Engineers.
       (2) In carrying out the pilot program, the Secretary of the 
     Army shall identify not less than 12 congressionally 
     authorized flood control construction projects of the Corps 
     of Engineers that--
       (A) have received Federal funds and have experienced delays 
     or missed scheduled deadlines in the 5 fiscal years prior to 
     the date of enactment of this Act;
       (B) have an unobligated funding balance in the Corps of 
     Engineers Construction Account; and
       (C) include levees, floodwalls, flood control channels, and 
     water control structures.
       (3) The purposes of the pilot program are--
       (A) to identify project delivery and cost-saving 
     alternatives that reduce the backlog of Corps of Engineers 
     construction projects;
       (B) to evaluate the technical, financial, and 
     organizational efficiencies of a non-Federal sponsor 
     operating as the lead project manager for the design, 
     execution, management, and construction of a project; and
       (C) to evaluate alternatives for the decentralization of 
     the project planning, management, and operational 
     decisionmaking process of the Corps of Engineers.
       (4) A flood control project under this section shall only 
     receive Federal funding if the project is federally owned.
       (5)(A) In carrying out this section, the Secretary of the 
     Army shall--
       (i) enter into a project partnership agreement with the 
     non-Federal sponsor for the non-Federal sponsor to provide 
     full project management control for the design and 
     construction of the flood control project, including 
     preconstruction engineering and design, project 
     implementation, and construction activities, to be carried 
     out under the pilot program; and
       (ii) in consultation with the district engineer and the 
     non-Federal sponsor, develop a detailed project management 
     plan for each project under the pilot program that outlines 
     the scope, budget, design, and construction resource 
     requirements necessary for execution of the project by the 
     non-Federal sponsor.
       (B) As a condition of receiving amounts under this section, 
     the non-Federal sponsor, in consultation with the district 
     engineer and local project stakeholders, shall establish to 
     oversee the execution of the project management plan a 
     project delivery team, which shall, at a minimum, consist 
     of--
       (i) a project manager; and
       (ii) a Corps of Engineers official, who shall provide 
     technical assistance and guidance on compliance with Corps of 
     Engineers engineering manuals and regulations.
       (6) On the request of the non-Federal sponsor and in 
     consultation with other appropriate Federal agencies, the 
     Secretary of the Army shall provide the non-Federal sponsor 
     with any necessary technical assistance, including assistance 
     relating to Federal acquisition regulations, contracting 
     requirements, and environmental regulations.
       (7) Nothing in this section alters any cost-sharing 
     requirement established before the date of enactment of this 
     Act for a project carried out under this section.
       (8) Not later than [to be supplied], the Secretary of the 
     Army shall submit to the appropriate committees of Congress a 
     report detailing the results of the pilot program carried out 
     under this section, including any recommendations of the 
     Secretary concerning whether the program or any component of 
     the program should be implemented on a national basis.
                                 ______
                                 
  SA 1013. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPEAL OF MANDATORY COMMODITY PROMOTION AND 
                   MARKETING PROGRAMS.

       (a) Repeals.--The following provisions of law are repealed:
       (1) The Cotton Research and Promotion Act (7 U.S.C. 2101 et 
     seq.).
       (2) The Potato Research and Promotion Act (7 U.S.C. 2611 et 
     seq.).
       (3) The Egg Research and Consumer Information Act (7 U.S.C. 
     2701 et seq.).
       (4) The Beef Research and Information Act (7 U.S.C. 2901 et 
     seq.).
       (5) The Wheat and Wheat Foods Research and Nutrition 
     Education Act (7 U.S.C. 3401 et seq.).
       (6) Subtitle B of the Dairy Production Stabilization Act of 
     1983 (7 U.S.C. 4501 et seq.).
       (7) The Honey Research, Promotion, and Consumer Information 
     Act (7 U.S.C. 4601 et seq.).
       (8) The Pork Promotion, Research, and Consumer Information 
     Act of 1985 (7 U.S.C. 4801 et seq.).
       (9) The Watermelon Research and Promotion Act (7 U.S.C. 
     4901 et seq.).
       (10) The Pecan Promotion and Research Act of 1990 (7 U.S.C. 
     6001 et seq.).
       (11) The Mushroom Promotion, Research, and Consumer 
     Information Act of 1990 (7 U.S.C. 6101 et seq.).
       (12) The Lime Research, Promotion, and Consumer Information 
     Act of 1990 (7 U.S.C. 6201 et seq.).
       (13) The Soybean Promotion, Research, and Consumer 
     Information Act (7 U.S.C. 6301 et seq.).
       (14) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et 
     seq.).
       (15) The Fresh Cut Flowers and Fresh Cut Greens Promotion 
     and Information Act of 1993 (7 U.S.C. 6801 et seq.).
       (16) The Sheep Promotion, Research, and Information Act of 
     1994 (7 U.S.C. 7101 et seq.).
       (17) Section 501 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7401).
       (18) The Commodity Promotion, Research, and Information Act 
     of 1996 (7 U.S.C. 7411 et seq.).
       (19) The Canola and Rapeseed Research, Promotion, and 
     Consumer Information Act (7 U.S.C. 7441 et seq.).
       (20) The National Kiwifruit Research, Promotion, and 
     Consumer Information Act (7 U.S.C. 7461 et seq.).
       (21) The Popcorn Promotion, Research, and Consumer 
     Information Act (7 U.S.C. 7481 et seq.).
       (22) The Hass Avocado Promotion, Research, and Information 
     Act of 2000 (7 U.S.C. 7801 et seq.).
       (b) Prohibition on Regulations.--Notwithstanding any other 
     provision of law, the Secretary of Agriculture may not issue 
     or carry out any regulation that would authorize a fee to be 
     imposed or collected on an agricultural commodity, or a 
     producer of an agricultural commodity, for the purpose of 
     promoting or marketing that agricultural commodity.
                                 ______
                                 
  SA 1014. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       In title III, in the matter under the heading ``Energy 
     Efficiency and Renewable Energy'' under the heading ``ENERGY 
     PROGRAMS'', insert ``: Provided further, That not later than 
     1 year after the date of enactment of this Act, the Secretary 
     shall establish minimum performance standards for energy

[[Page 17523]]

     efficiency for the Weatherization Assistance Program for Low-
     Income Persons established under part A of title IV of the 
     Energy Conservation and Production Act (42 U.S.C. 6861 et 
     seq.) and establish, at a minimum, that not later than 3 
     years after the date of enactment of this Act, all 
     residential buildings that receive assistance under the 
     Weatherization Assistance Program shall comply with the most 
     recent International Energy Conservation Code published by 
     the International Code Council'' before the period at the 
     end.
                                 ______
                                 
  SA 1015. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2354, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DESIGNATION OF QUALIFIED CENSUS TRACTS.

       (a) Designation.--
       (1) Identification of hubzone qualified census tracts.--Not 
     later than 2 months after the date on which the Secretary of 
     Housing and Urban Development receives from the Census Bureau 
     the data obtained from each decennial census relating to 
     census tracts necessary for such identification, the 
     Secretary of Housing and Urban Development shall identify and 
     publish the list of census tracts that meet the requirements 
     of section 42(d)(5)(B)(ii) of the Internal Revenue Code of 
     1986.
       (2) Specification of effective dates of designation.--
       (A) Hubzone effective date.--The Secretary of Housing and 
     Urban Development, after consultation with the Administrator 
     of the Small Business Administration, shall designate a date 
     that is not later than 3 months after the publication of the 
     list of qualified census tracts under paragraph (1) upon 
     which the list published under paragraph (1) becomes 
     effective for areas that qualify as HUBZones under section 
     3(p)(1)(A) of the Small Business Act (15 U.S.C. 
     632(p)(1)(A)).
       (B) Section 42 effective date.--The Secretary of Housing 
     and Urban Development shall designate a date, which may 
     differ from the HUBZone effective date under subparagraph 
     (A), upon which the list of qualified census tracts published 
     under paragraph (1) shall become effective for purposes of 
     section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to affect the method used by the Secretary of 
     Housing and Urban Development to designate census tracts as 
     qualified census tracts in a year in which the Secretary of 
     Housing and Urban Development receives no data from the 
     Census Bureau relating to census tract boundaries.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives a 
     report that--
       (1) describes the benefits and drawbacks of using qualified 
     census tract data to designate HUBZones under section 3(p) of 
     the Small Business Act (15 U.S.C. 632(p));
       (2) describes any problems encountered by the Administrator 
     in using qualified census tract data to designate HUBZones; 
     and
       (3) includes recommendations, if any, for ways to improve 
     the process of designating HUBZones.
                                 ______
                                 
  SA 1016. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title I of division A, add the following:
       Sec. 1__.  The Corps of Engineers is authorized to carry 
     out any project for which--
       (1) there is a signed report of the Chief of Engineers by 
     the end of fiscal year 2012; and
       (2) prior to authorization, the Chief of Engineers 
     certifies that 100 percent of the cost of carrying out the 
     project is contributed by a non-Federal entity or a group of 
     non-Federal entities.
                                 ______
                                 
  SA 1017. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act shall be used to make a loan guarantee 
     of any kind.

                          ____________________